Pedestrian fatalities are now at a 28-year high and 6,000 pedestrian deaths occur each year. If you were hit by a car as a pedestrian, you may be wondering what your legal rights are, and what your next steps should be.
Pedestrian Injuries
Unfortunately, when pedestrians are hit by cars, they typically suffer catastrophic injuries. The most common injuries include the following:
- Traumatic Brain Injuries
- Lacerations, Burns or Bruising
- Soft Tissue Injuries
- Broken Bones
- Spinal Cord Injuries
- Amputation
- Fractures
- Emotional Trauma
- Death
Steps After Being Hit By A Car
If you were hit by a car as a pedestrian, you may be in critical condition and not be able to perform any of these steps. However, if you are able to do so, make sure to follow these guidelines.
- Call 911
Call 911 immediately if you are able to do so. Explain everything as well as you can to the police officer in as much detail as possible. Request a copy of the official police report.
- Seek Medical Attention
If an ambulance arrives, make sure to receive medical attention as soon as possible. If an ambulance does not arrive, visit an emergency room or your primary care physician immediately to ensure that your injuries are evaluated by a medical professional.
- Retain All Documents
Make sure to keep the police report, all of your medical documents, photographs of the accident or your injuries, contact information for witnesses, record of lost wages or any other evidence to show in your claim in order to receive compensation for your injuries. A good idea is also to keep a journal regarding your pain and suffering to show how your injuries impacted your day-to-day life.
Determination of Liability
The chances are, if you were hit by a car as a pedestrian, the driver will be considered liable for the accident and to compensate you for your injuries. However, if you were acting negligently as a pedestrian, a court may also determine that you are liable for the accident as well. If you were jaywalking, threw an object on the roadway causing the car to swerve, intentionally distracted a driver, crossed against a traffic signal, walked illegally in an area where pedestrians are not allowed, or were under the influence of drugs or alcohol, you could be partially responsible for the accident.
Types of Damages
If you were in an accident as a pedestrian with a car, you likely have suffered substantial losses. You may be curious to know what types of damages you are able to receive regarding your case. Each accident is unique, and any compensation you are awarded will be based upon your unique facts and circumstances. However, you may be able to receive reimbursements for your medical expenses and lost wages, as well as compensation for your pain and suffering.
Contact an Experienced Personal Injury Attorney
If you were injured as a pedestrian, contact our experienced personal injury attorneys to help you with your case at the O’Donnell Law Offices, serving clients in Kingston, Wilkes-Barre, Hazleton and Pittston. There is no fee or costs until we win your case.
Resource:
cnbc.com/2019/02/28/pedestrian-deaths-hit-a-28-year-high-and-big-vehicles-and-smartphones-are-to-blame.html
https://www.odonnell-law.com/2020/01/31/three-tips-for-choosing-a-car-accident-attorney/