Getting hit by a car while walking can turn your life upside down in an instant. You might suffer serious injuries, huge medical bills lost earnings from missing work, and a lot of pain and suffering. It's a scary and confusing time. But you have rights and options as an injured pedestrian. One of the smartest things you can do is talk to a pedestrian accident lawyer to understand your legal options for getting fair compensation.
Seeking Medical Treatment After Being Hit by a Car
The most important thing after getting hit by a car is to get the medical care you need. Even if you think your injuries aren't that bad initially, some problems may not show up immediately. Going to the doctor also creates an official record of your injuries, which is important for any legal case.
Your health should be the top priority. Don't avoid treatment because you're worried about the bills piling up. That's something a pedestrian accident attorney can help with later. Many will even work contingently, meaning you don't pay unless they win money for you.
What Are Your Legal Rights After Being Hit by a Car?
As a pedestrian hit by a car, you have important legal rights that you need to understand and protect. The law recognizes that pedestrians are vulnerable on the road and often suffer severe injuries when struck by vehicles. You might qualify for significant financial compensation for your damages.
This compensation can cover a wide range of economic and non-economic damages. Economic damages are the direct financial losses from the accident, such as your medical expenses and lost income. Your current medical bills are just the start - you might also qualify for money to cover future medical care you will need, like surgeries, physical therapy, medication, and more. If your injuries prevent you from working, temporarily or permanently, you can also seek compensation for those lost earnings.
Non-economic damages are intangible losses that don't have a clear dollar value but significantly impact your life. This includes compensation for your pain and suffering, both physical and emotional. It also includes loss of enjoyment of life if your injuries prevent you from participating in activities you once loved.
In some cases, you might even qualify for punitive damages. These aim to punish the driver if they acted recklessly or egregiously, like drug-impaired driving.
However, obtaining the full compensation you deserve is rarely easy, especially if you try to handle the claim independently. Remember, insurance companies are businesses first and foremost. No matter how friendly the adjuster may seem, their goal is to protect the company's bottom line, not to ensure you receive fair compensation.
They have a variety of tactics they use to minimize payouts to injured pedestrians like you. They may try to deny your claim outright, arguing that their insured wasn't at fault or that your injuries aren't as severe as you claim. They may offer you a lowball settlement, hoping you'll accept it quickly without realizing the full extent of your damages. They may also pressure you to give a recorded statement, hoping to twist your words and use them against you.
This is where having a pedestrian accident lawyer on your side can make all the difference. An experienced attorney will understand the full value of your claim and won't let the insurance company take advantage of you. They'll thoroughly investigate your case, gather evidence of the driver's fault, and document the extent of your injuries and losses.
Your lawyer will also handle all communication with the insurance company, so you don't have to worry about saying the wrong thing. They'll fiercely advocate for your rights in settlement negotiations, fighting to get you every dollar you owe. And if the insurance company won't make a fair offer, your lawyer will be ready to take them to court.
Trying to go through the legal process alone, especially while dealing with injuries, can be overwhelming and result in costly mistakes. But with a knowledgeable pedestrian accident lawyer as your ally, you can focus on your recovery while they handle the legal heavy lifting. They'll level the playing field against the insurance company and fight tirelessly to get you the maximum compensation possible.
Don't let the insurance company deny you the compensation you rightfully deserve. Consult with a pedestrian accident lawyer as soon as possible to understand your rights and build a strong case. They can support you as you navigate the complex legal process, gather important evidence, and advocate for your best interests. This step can make a significant difference in securing the compensation you need for medical expenses, lost earnings, and other damages. Your future well-being depends on it.
Investigating Your Pedestrian Accident
Your pedestrian accident attorney will thoroughly investigate the crash to get you the compensation you deserve. They'll gather evidence like police reports, witness statements, photos of the scene, and surveillance footage if available.
Sometimes, they may even bring in expert witnesses like accident reconstruction specialists. These professionals can analyze the evidence to determine key details like vehicle speed, braking distance, sightlines, etc. Their testimony can be extremely powerful in proving the driver's negligence.
Your lawyer will also look into the driver's background. Were they drunk, distracted, or have a history of reckless driving? Evidence of the driver's negligence will strengthen your case.
Negotiating with Insurance Companies
After building a strong case, your pedestrian accident lawyer will negotiate with the insurance companies. This is where their experience and toughness come into play.
Insurance adjusters are trained negotiators with one goal - to settle your claim for as little money as possible. They have a toolbox full of tactics to achieve this. For example, they may make an initial lowball offer, hoping you'll accept out of desperation or lack of knowledge about your claim's true value. They may also question the severity of your injuries, demand excessive documentation, or even try to pin some blame on you to reduce their payout.
Without an attorney, it's easy to fall prey to these tactics. But your pedestrian accident attorney will see right through them. They'll counter lowball offers with detailed evidence of your damages. If the adjuster questions your injuries, your lawyer will present medical records and professional testimony to support your claim. And if the insurance company tries to blame you, your lawyer will fight back with evidence of the driver's negligence.
Negotiation is often a back-and-forth process. Your lawyer may go through multiple rounds of offers and counter-offers with the insurance company. Throughout it all, they'll keep you informed and advise whether an offer is fair. They'll also handle all communication with the insurance company, so you don't have to stress over what to say.
With your lawyer's knowledge, experience, and fierce advocacy, you're far more likely to receive a settlement offer that fairly compensates you for all your losses - medical bills, lost income, pain and suffering, and more.
However, if the insurance company refuses a reasonable offer, your lawyer won't hesitate to take your case to the next level. They'll be fully prepared to file a lawsuit and take the insurance company to court. This shows the insurance company you're serious about getting what you deserve.
Remember, insurance companies have teams of lawyers fighting to pay you as little as possible. You need your legal champion in your corner, evening the odds and advocating relentlessly for your interests. That's exactly what a skilled pedestrian accident lawyer will do during the critical negotiation process.
Filing a Lawsuit
If the insurance company refuses to offer a fair settlement, your pedestrian accident lawyer will be ready to escalate your case by filing a personal injury lawsuit. This formal legal action signals to the insurance company that you're serious about pursuing the full compensation you're owed and won't be satisfied with their lowball offers.
Filing a lawsuit can be complex, but your lawyer will handle it all. They'll draft and file a complaint detailing the accident, your injuries, and the compensation you're seeking. They'll also serve this complaint to the defendant, which, in most cases, is the driver who hit you.
The defendant will then have a chance to respond to your complaint. They may admit fault, deny it, or even try to blame you for the accident. Your lawyer will combat any unfair allegations and continue building your case.
The next stage is discovery, where both sides exchange information and evidence. Your lawyer will use this process to obtain important documents from the defendant and their insurance company, like the police report, the driver's insurance policy, and relevant medical records. They may also conduct depositions, questioning the defendant, witnesses, and professionals under oath.
Your lawyer will continue negotiating with the insurance company throughout the pre-trial process. The threat of a looming trial and the mounting evidence against their insured often prompt insurers to increase their settlement offers. With an aggressive pedestrian accident lawyer on your side, you're more likely to receive a fair offer at this stage.
However, your case will go to trial if you can't reach a satisfactory settlement. This is where having a seasoned litigator in your corner becomes invaluable. Trials can be complicated, with strict rules of evidence and procedure. You want a lawyer comfortable in the courtroom who can present a compelling case to a judge and jury.
At trial, your lawyer will present evidence, call witnesses, and make arguments on your behalf. They'll work to convince the jury that the driver was at fault and that you deserve significant compensation for your injuries and losses. The defendant's lawyer will do the same for their side. After both sides present their case, the jury will deliberate and reach a verdict.
If the jury finds your favor, they'll also decide how much compensation to award you. Your lawyer's skill in presenting your damages can make a huge difference here. Even if you win, the defendant may appeal the decision, dragging the process out longer. Your lawyer will continue fighting for you through any appeals.
It's important to remember that trials come with risks. There's always a chance the jury can find in favor of the defendant, leaving you with no compensation. This is why having a pedestrian accident lawyer is so important. By building a strong case and aggressively negotiating, they can often secure a favorable settlement and avoid the uncertainty of a trial.
However, if going to court becomes necessary, you'll be glad to have a battle-tested trial lawyer on your side, fighting for the justice and compensation you deserve. Remember, you only get one shot at this. Make sure you have the best possible advocate in your corner.
Handling Difficult Pedestrian Accident Cases
Some pedestrian accident cases are more difficult than others. Maybe the driver was uninsured or underinsured. Maybe multiple parties were at fault, like a rideshare driver and the rideshare company. Or maybe faulty traffic signals or poorly designed crosswalks contributed to the crash.
No matter the situation, an experienced pedestrian accident lawyer will know how to handle it. They've seen it all and know which legal strategies are most effective for different scenarios. You can have confidence they will identify every potential source of compensation.
Learn more: Who Pays for My Injuries if the Other Driver is Uninsured?
Getting Legal Help After a Pedestrian Accident
After getting hit by a car, you may feel overwhelmed and unsure where to turn. But one thing is clear - you shouldn't have to face the aftermath alone. The sooner you involve a pedestrian accident lawyer, the better your chances of a successful outcome. Hire a lawyer who will advocate for your rights and help you get back on the road to recovery.
Most offer free initial consultations, so getting their professional opinion on your case costs nothing. They can assess the strength of your claim, estimate its value, and advise you of your options.
Don't get shortchanged by the insurance companies or overwhelmed by the legal process. Put your case in the capable hands of a pedestrian accident lawyer and give yourself the best shot at the compensation you deserve. Call for a consultation today.
