Whenever hit by a vehicle as a pedestrian, there is a high possibility you will be able to file a legal claim against the driver. However, based on exact circumstances, the claim might also bring in other parties involved, like the municipality when streets are not safe.
The most important things you need to know about pedestrians hit by cars are highlighted below, according to advice from experienced auto accident attorneys.
Table of Contents
Right After The Car Accident
Whenever injured in a car accident, including when you are a pedestrian, you have to contact the authorities. Then, it is a very good idea to take photographs and get contact information from the driver, the police officer that comes on site, and any potential witness. After that, you can contact your insurance company if you believe it is relevant.
Get The Medical Treatment You Need
If you are hit by a vehicle, even if you think that you are not injured, it is vital that you seek appropriate medical attention. When the pain is too severe, call an ambulance so you can be taken to the emergency room. You should at least visit the primary care provider the following day after the crash.
What is very important is that you do not wait since the insurance adjusters will assume you were not too hurt if you did not seek attention from a doctor. Basically, it is very important for your potential injury claim and for your health to get checked out. Also, all your injuries should be properly documented. Those documents will be needed at a later point in time.
Who Will Pay Medical Bills?
This does depend on where you live. If the accident happened in a state with no-fault laws, the insurance company of the driver
will make payments for all or at least part of the medical bills. When the accident took place in a state without no fault laws, your health insurance is the one that pays. If you do not have health insurance, you will be the one that will pay your medical bills.
Filing Injury Claims
When hit by a vehicle, it is the driver of the vehicle that is almost always considered to be responsible. This is true even when you are not using the crosswalk. This is because, in most US states, laws require the driver to be attentive and pay attention to road hazards. Pedestrians are actually considered to be road hazards. Basically, it is the driver that is legally obliged to avoid pedestrians.
In the event that you were jaywalking, the driver is usually not considered to be at fault though. This is why it is so important to respect the law even when you are not driving.
Conclusions
To sum up, the two most important things you have to do after being hit by a car as a pedestrian is to get treatment and to look for compensation. If you choose to file a claim, always do so while advised by an experienced personal injury attorney. This is because it is up to you to prove that someone’s negligence caused the injury.
