One of the most important lessons we learn as children is to look both ways before crossing the street. But sometimes, no matter how careful pedestrians are, accidents happen. Accidents are usually caused by a driver’s negligence. Distracted drivers are often texting and driving. Or sometimes negligent drivers may be speeding or under the influence of drugs or alcohol. Through no fault of your own, you get hit while crossing the street. Now what?
If a pedestrian is injured by a driver, they can sue the person at fault for the harm suffered. In a winning lawsuit, the pedestrian may recover medical bills, lost wages, and pain and suffering. As simple as they may seem, personal injury lawsuits can become complex, so it’s important to hire a knowledgeable lawyer to represent you through the legal process and prove your case.
What should you do if you’ve been involved in a pedestrian accident?
First, seek medical attention. Even if you don’t “feel” hurt, your injuries might not be noticeable immediately. It is important to get evaluated by a medical professional for your safety and to have your injuries documented.
Next, think about your options for recovery. If the driver who hit you was (hopefully) insured, their insurance company will likely reach out to you to settle. Settlement offers made by insurance agents are lowball and won’t cover your expenses. You’re not obligated to accept the offer. It’s in your best interest to contact a lawyer and discuss your options. To best protect yourself, don’t sign or agree to anything until you’ve discussed it with a lawyer.
What does a pedestrian personal injury case look like?
You first must identify the person or party responsible for causing the accident. This person will be the defendant. As the person bringing the lawsuit, you are the plaintiff. It’s the plaintiff’s sole responsibility to prove that the defendant was at fault and should pay for the injuries resulting from the accident. The case must be proven by evidence such as photos, videos, and testimony.
Depending on the circumstances, a defendant may try to contest their responsibility in the accident, arguing that the pedestrian may have been partially at fault.
Success in a pedestrian personal injury case hinges on the ability of the plaintiff’s attorney to prove that the defendant was negligent AND that any injuries caused by the accident were a direct result of the defendant’s actions.
What can an injured pedestrian recover?
Depending on the state where the accident occurred, the law awards compensation for all losses caused by the at-fault party’s negligence. This compensation usually includes past and expected future medical expenses, lost income, property damage, and pain and suffering.
If you’ve been injured in a pedestrian accident in Charlotte, North Carolina, or Richmond, Virginia, reach out to Hunter & Everage right away for a free consultation. We’ll review the facts of your case with you and guide you through the legal process.