If you are unfortunate enough to be involved in a pedestrian accident, there are several steps that you need to take in order to ensure that you protect your legal rights. It is important not to skip any steps so that you have the best chances of a successful outcome in a personal injury case for the losses you've sustained in the accident.
Read on to learn the three steps you should take after suffering an injury in a pedestrian accident, as well as other pertinent information about these types of injury-causing accidents.
Steps to Take After Getting Injured In a Pedestrian Accident
Step 1: Seek Medical Attention
First and foremost, it is important to seek medical attention right away for any injuries you may have suffered. Even if you do not think you are injured, it is important to get checked out by a doctor as soon as possible.
Keep in mind that not all injuries present themselves right away. You may not feel any pain after getting into a pedestrian accident, even though you may have suffered an injury.
This is because the adrenaline coursing through your body can mask the pain of an injury until hours, days, or even a week or more after an accident. For this reason, it is critical to seek medical care immediately after being involved in a pedestrian incident.
Similarly, the documentation you receive from the medical facility will be critical to your case. Waiting a while to receive care after suffering injuries in a pedestrian accident can make it appear that you are not as injured as you say you are, even if that is not truly the case.
It is best to be safe and seek medical attention right away.
Step 2: Gather Relevant Evidence at the Scene of the Accident
After seeking medical attention, you should gather evidence at the scene of the accident. It's important to know that the evidence produced will be critical to the outcome of your case.
This evidence will be essential in establishing who was at fault for the accident, which will determine the amount of compensation you can recover. There are many different types of evidence that may be important in a pedestrian accident case.
The evidence you should collect at the scene of the pedestrian accident includes:
- The names, contact information, and insurance information of all drivers involved in the accident.
- The names and contact information of any witnesses to the accident. Their testimony may be crucial in determining who was at fault.
- Photos of the scene of the accident, including any damage to vehicles or property, as well as injuries that you or others sustained. Images of the scene of the accident and injuries sustained can be very helpful in establishing what happened. If there is video footage of the incident, that can also be extremely valuable evidence.
- A copy of the police report that was filed about the accident.
If you are physically able, take photos of the scene with your cell phone. If you are not able to do so, ask a witness to take photos for you. It is important that you get photos as soon as possible after the accident because they can be critical in establishing what happened and who is to blame.
Step 3: Contact a Skilled Pedestrian Accident Attorney
As you know, medical care in the United States is often wildly unaffordable. Suffering injuries in a pedestrian accident through no fault of your own is unacceptable.
If you've been hurt in a pedestrian accident that was not your fault, you may be eligible for compensation. It may seem simple enough to seek the compensation you deserve on your own, but these types of cases can quickly become complicated without the help of skilled legal representation.
Our attorneys here at Briggle & Polan, PLLC are highly skilled in pedestrian accident personal injury law and have helped many others in similar situations recover the compensation they deserved. Feel free to give us a call at (512) 400-3278 or fill out the online contact form to schedule a free consultation. Keep in mind that our team works on a contingency fee basis, which means you don't owe us anything unless we win your case.
Don't try to tackle a pedestrian accident personal injury case on your own. Let us help you get the compensation you deserve.
Who May Be Held Liable For A Pedestrian Accident?
There are many different parties who may be held liable for a pedestrian accident. The driver of the vehicle that hit the pedestrian is usually the first party that comes to mind, and in many cases, this is indeed who is at fault.
However, there are other potential defendants in these types of cases. For example, if the driver who hit the pedestrian was working at the time of the accident, his or her employer may also be held liable under what is known as vicarious liability. In some cases, a government entity may also be held liable if poor road conditions contributed to the accident.
It's important to note that even if the pedestrian was partially at fault for the accident, he or she may still be able to recover compensation under what is known as the doctrine of comparative negligence. This allows accident victims to recover damages even if they are partially at fault, but their recovery will be reduced by their percentage of fault.
For example, if a jury finds that a pedestrian is 20% at fault for an accident, and he or she suffers $100,000 in damages, his or her recovery would be limited to $80,000.
This is why it's so important to have skilled legal representation on your side. An experienced attorney will investigate the facts of your case and determine who may be held liable so that you can seek the full amount of compensation you deserve.
Bicycle Accidents Are Often Considered Pedestrian Accidents
It's important to note that bicycle accidents are often considered pedestrian accidents. This is because bicyclists do not have the same protections as motor vehicle drivers and are more vulnerable to harm—similar to pedestrians.
The good news is that many of the same rules that apply to pedestrian accident cases also apply to bicycle accident cases. This means that if you were hit by a car while riding your bike, you may be able to recover compensation for your injuries.
However, there are some unique aspects of these types of cases that you should be aware of. For example, if you were not wearing a helmet at the time of the accident, you may be found partially at fault for your injuries.
We’re Here to Help Injured Pedestrians
If you’ve suffered injuries as a pedestrian due to the reckless actions of another, you may be owed compensation for your losses. As you know, having a skilled attorney on your side can make all the difference in the outcome of your case.
Reach out to our experienced team right away if you have any questions about your case or the legal process in general. We are ready and willing to do everything we can to help you now.
Call our firm today at (512) 400-3278 or fill out the online contact form to learn more about your legal options.