Accidents involving pedestrians are unfortunately common, and they can result in serious injuries or even death. Perhaps you’ve recently been involved in such an occasion, and it was someone else’s fault. If so, you could submit a claim for financial compensation. By hiring a lawyer, you may be able to triumph over adversity and gain justice. In this article, we provide expert advice on how to know if you can make a claim as a pedestrian.
You Need To Understand Personal Injury Claims
In this scenario, it involves a pedestrian taking legal action after being injured in an incident. The accident victim can make a claim for compensation for any injuries or losses incurred. To make a successful claim where a vehicle was involved, the injured party must prove that the driver was negligent. Negligence refers to any act or omission that falls below the standard of care expected of a reasonable person. For example, a driver may have run through a red light and hit a pedestrian crossing legally at an intersection.
In order to determine who was at fault, a wide range of evidence may need to be assembled. If negligence is established, liability for damages will likely be assigned to the driver’s insurance company. Settlement negotiations will then begin between both parties. This will be to determine the appropriate amount of compensation that should be paid out, to cover all damages incurred by the pedestrian. Should neither party come to an agreement, the matter could be taken to court in order to achieve a resolution.
You Need To Seek Legal Advice
It can be a complicated and emotional process determining who’s liable, and what compensation you’re entitled to receive. A lawyer with experience in personal injury cases can help you understand your rights and get the compensation you deserve. They can help you navigate the complex legal system, filing all necessary documentation correctly and on time. Your attorney will investigate the circumstances of your case, gather evidence, and negotiate with insurance companies on your behalf. They’ll represent you in court if necessary, protecting your interests throughout the process.
It’s often possible to secure a free case review and confidential consultation. Many personal injury lawyers have websites displaying the money they’ve recovered for their clients, plus client reviews and FAQs. They can provide a personalized approach and give you 24/7 access to their team. It’s common that no fee will be required if they’re unable to settle your case.
You Need To Know What Constitutes An Accident
This may be defined as any unexpected event that results in harm or damage. One of the most common types of pedestrian accidents is being hit by a vehicle. In these cases, the driver of the vehicle may be held responsible for any injuries caused to the pedestrian. Additionally, slip and fall accidents occur when a person slips or trips (e.g. on an object) while walking on public property.
Not all accidents will result in injury, or damage claims being paid out. If you tripped and fell on the walkway because you were drunk or on drugs, this would count against you. You may have little to no chance of making a successful claim, since other people’s actions didn’t directly cause the accident. An experienced personal injury lawyer can assess whether or not your case qualifies for compensation under applicable laws and regulations.
If You Know What To Be Compensated For
Pain and suffering are two key components in personal injury cases. Depending on the severity of the accident, you may also be able to claim for trauma suffered. This can be both physical and mental, and could have lasting effects on your quality of life. Medical expenses can add up quickly following an accident. These can include ambulance fees, hospital bills, medication costs, travel costs, rehabilitation expenses, psychological therapy, and more.
You may be unable to work while you recover from your injuries, or be unable to ever work again. Alternatively, your earning power could be reduced due to your experiencing permanent disabilities. There may also be future medications and operations required, or the need for house modifications (e.g. grab handles, stairlifts, walk-in baths or showers, wheelchair ramps). All of these things have financial implications that should be compensated for.
If You Can Provide Evidence
This could include:
- photographs of the accident scene and your injuries
- medical bills
- lost wages documentation
- witness statements
- CCTV footage
- police reports
All these things could be crucial in making sure you receive adequate compensation for your damages. A lawyer may also set up an accident reconstruction, or seek professional witnesses to support your claim.
The more evidence you have, the more compelling your case will be. Your lawyer will know how to collate the right evidence, and use it to your advantage. This especially applies in terms of negotiating with insurance companies or representing you in court.
It Depends On Where The Fault Lies
If you’re hit by a car as a pedestrian, the first question that comes to mind is who is at fault. If the driver of the vehicle was being careless and not paying attention to the road, they could be held accountable for your injuries. If you jaywalked (or weren’t paying attention and walked into the road without looking both ways), you may be partially or fully responsible for what happened.
If it can be proven that the other person’s carelessness caused the accident, you may have grounds to make a claim. The same thing applies if it can be proved that you did everything in your power to avoid getting hit. Ultimately, determining fault in these types of accidents requires a thorough investigation by experts who know what they’re doing.
Many things can influence these claims, including the location and time of day. The best action is to have a free chat with a specialist lawyer. They can tell you how likely you’d be to win your case, and how much money you could gain in compensation. Then you can pay your expenses and move forward with your life once again.