You may be walking down the street, minding your own business and then suddenly, a car hits you. It's a terrifying thought, but it's a reality for many people every year. Pedestrian accidents can happen to anyone, anywhere, and they can result in serious injuries, medical bills, lost wages and more. But what happens after a car hits you as a pedestrian? Can you make a claim?
Understanding Your Rights
Firstly, it's essential to know that if you're hit by a car as a pedestrian, you have rights. Drivers always have a duty of care to drive safely and avoid hitting pedestrians. If they fail in this duty and cause an accident, they could be held liable for any resulting damages. In other words, you may have a legal claim against the driver and their insurance company to compensate you for your injuries, medical expenses, lost income and other losses.
Making a Claim
To make a claim, you'll need to prove that the driver was negligent and this led to your injuries. For example, they may have been running a red light, driving under the influence or failing to stop at a crossing.
Proving the Case
However, it's not always straightforward to prove fault in a pedestrian accident. The driver may dispute your claim, or their insurance company may try to minimise the amount they have to pay you. That's why it's essential to have a lawyer on your side. A lawyer can help you to investigate the accident, bring together the evidence and negotiate with the driver's insurance company on your behalf.
Is There Partial Responsibility?
But what if you were partially at fault for the accident? It's not unusual for both the driver and the pedestrian to share some responsibility for an accident. For example, if you were jaywalking or crossing the street outside of a crosswalk, you may be deemed partly at fault for the accident. However, this doesn't necessarily mean you can't make a claim. In many states, you may still be able to recover compensation if your fault was less than the driver's fault.
What to Remember
Getting hit by a car as a pedestrian is a scary and potentially life-changing experience. If it happens to you, it's essential to know your rights and options for making a claim. You can navigate the legal process with a good lawyer at your side and seek compensation for your injuries, medical expenses, lost income and other losses.
Contact a lawyer to learn more about car accident claims.