Car accidents are a frequent occurrence in the United States, but the steps to take can vary depending on the situation. Your health and safety should be your top priority if a car hits you as a pedestrian.
Pedestrian accidents can result in severe injuries, as the human body is vulnerable to the impact of a vehicle. Even if you feel fine initially, it’s crucial not to ignore the incident, as injuries can manifest later.
If a car strikes you, you have the right to file a claim against the driver or possibly the local municipality. The state laws in which the accident occurred determine your entitlement to compensation.
To navigate the complexities of your case and maximize your chances of receiving fair compensation, it’s advisable to consult a Queens personal injury lawyer. They can guide you through the legal process and help you seek justice for the harm you’ve suffered.
Filing a Claim for Coverage
In any accident, there’s a chance the fault lies with the driver or another party, but you should still pursue coverage for your injuries. The police, lawyers, and court will ultimately determine your guilt and entitlement to compensation.
As a pedestrian hit by a car, your primary claim will typically be against the driver. However, if poor road conditions or inadequate traffic management contributed to the accident, you may also have grounds to file a claim against the municipality responsible for maintaining the area.
This is the first step following a pedestrian accident
After the accident, you should immediately file a police report. Then, collect evidence of the casualties. You can take pictures of the car, the accident scene, the surroundings, etc. Talk to the driver and ask relevant information, such as name, driving license, etc.
It would be beneficial to have witnesses present and willing to assist. Get their names and contact information. And finally, notify your insurance company.
Medical Treatments:
After the accident, the situation may get worse. You might get severe injuries that need medical attention. Call an ambulance immediately and make sure you get to an emergency room.
Contact someone who can be with you at that moment. Even if the injuries aren’t that severe, seek medical attention. You can also allow your care provider to see your injuries immediately.
You might ask why it is essential to seek medical help immediately after the accident. Well, you cannot convince a jury or insurance adjuster your damage was severe enough to claim for coverage. So your body doesn’t only deserve the medical attention; your legal rights also include that part. To prove your damage, you will need medical documents.
Medical Bills:
Once you know your medical needs, you may wonder who will pay. It will depend on which state you live in America. There are two types of states: one is a no-fault state, and another is an at-fault state.
- If you live in a no-fault state, the driver’s insurance company must pay for your claims. The insurer may cover a few or all of the medical bills.
- At-Fault State: If you are from an at-fault state, your insurance company will pay for the bills. But that will be only possible if you had insurance in the first place. But if you don’t, you have to pay the bills.
When can you sue the driver?
Regardless of your road location, you can claim the driver. You can consider the driver to be responsible for the fault. Most state laws in the United States include traffic rules that require drivers to exercise extra caution when driving. They must pay attention to the road’s surroundings, such as traffic and hazards. It is nearly impossible to collide with a pedestrian. And if the driver hits you at a crosswalk, that will be their fault. You have a nearly 100% chance of putting the blame on them.
But if you go anywhere on the street other than the sidewalk, a car might hit you. The responsibility for this will be yours. Jaywalking is not legal in most of America’s states. When you’re on the road or in the streets, you also have responsibilities. A driver’s fault can’t 100% cause an accident.
When should I file a claim against the local municipality?
Street layouts often play a part in car vs. pedestrian accidents. Traffic lights can also contribute to accidents where the local municipality is at fault. The local municipality has a responsibility to address these issues in order to prevent injuries. The wrong placement of crosswalks is another reason for chaos among pedestrians and vehicles on the roads and streets.
You can also consult a pedestrian accident attorney at a personal injury law firm if you want to file a claim. We can do a thorough investigation and answer all your queries regarding all types of pedestrian accidents.
