When a vehicle strikes a pedestrian, the path forward can seem unclear. If you're looking at the growing medical bills and wondering how you'll handle lost time from work, you need a pedestrian accident lawyer.
An experienced attorney provides the guidance you need to construct the framework for your personal injury claim. At Law Bear, we provide free case evaluations to help you find your footing after an accident.
Our team is available 24/7 to listen to your story and connect you with a qualified local attorney in your area. Call us today at (309) 365-6510 for your no-cost consultation.
Establishing the Framework for Your Claim
After a pedestrian accident, you need to focus on your recovery. However, you can also begin to lay the groundwork for a successful injury claim. The initial information you collect serves as the materials for building your case.
A strong case foundation rests on solid documentation, and your memory of the event is a key part of it. Write down everything you remember about the accident as soon as you can. Details fade over time, so it's best to capture your perspective quickly.
Gathering specific documents creates the initial blueprint for your claim. These records tell the story of the accident and the effects it has had on your life. Your attorney uses this information to develop a comprehensive legal strategy.
Organize any documents you have related to the incident, including:
- Police Report: Get a copy of the official police or accident report containing details about the scene and initial findings.
- Medical Records: Organize all documents from doctors, hospitals, and therapists that detail your injuries, treatments, and prognoses.
- Proof of Lost Income: Collect your pay stubs, employer letters, and tax documents showing the wages you lost due to your inability to work.
- Photos and Videos: Make duplicates or use the cloud to store any pictures or videos you or a witness took of the accident scene, your injuries, and any property damage.
Identifying At-Fault Parties in a Pedestrian Collision
Determining the responsible party is a cornerstone of your claim. While it may seem obvious that the driver of the vehicle is at fault, other parties may also share liability. A thorough investigation reveals all potential sources of compensation.
The most common cause of pedestrian accidents is driver negligence. Drivers have a duty to operate their vehicles safely and watch for people on foot. Actions like distracted driving, speeding, or failing to yield the right-of-way often lead to serious injuries.
Examples of other potential at-fault parties are:
- The Driver's Employer: If the driver was working at the time of the collision, their employer may be held responsible.
- A Government Agency: A city or county may be responsible if an unsafe road design or a malfunctioning traffic light contributed to the collision.
- A Vehicle Manufacturer: If a defective part, such as faulty brakes, caused the driver to lose control of the vehicle, the manufacturer may be to blame.
Proving another party's fault requires a clear presentation of facts. Your pedestrian accident attorney uses evidence like traffic camera footage, witness statements, and expert testimony to construct a powerful argument.
This careful work establishes the necessary link between the other party's actions and your injuries. Identifying all responsible entities increases the potential for securing full compensation.
Types of Compensation After a Pedestrian Accident
A successful claim allows you to recover compensation for the various losses (damages) you have suffered. Economic damages are tangible costs with clear monetary values. You prove these damages using bills, receipts, and financial statements.
The second category addresses your non-economic losses. These damages are personal and don't have a specific price tag, but are still a very real part of your claim. Calculating the value for these requires a detailed look at how the injuries have affected your quality of life.
Potential compensation includes:
- Medical Expenses: You may seek compensation for all costs related to your care, including hospital stays, surgeries, physical therapy, and future treatments.
- Lost Wages: This reimbursement addresses the income you lost while unable to work.
- Loss of Earning Capacity: You may pursue payment if your injuries prevent you from returning to your former job or earning the same level of income in the future.
- Property Damage: You may recover damages for the cost to repair or replace any personal items damaged in the collision, such as a phone, laptop, or clothing.
- Pain and Suffering: This compensation addresses the physical pain and emotional distress caused by your injuries.
How a Pedestrian Accident Lawyer Helps Construct Your Case
A pedestrian accident lawyer is the architect of your legal claim. While you focus on your physical recovery, your attorney builds a case designed to withstand scrutiny from the other side. They manage the complex tasks and communications required to move your claim forward.
Investigating Your Accident
A lawyer acts as your advocate and strategist from the very beginning. They start by conducting a thorough investigation into the accident. They gather all the necessary evidence to build a strong foundation for your claim. This proactive approach adds strength to your case for compensation.
Managing Insurance Companies
After an accident, the at-fault driver's insurance adjuster will likely contact you. The adjuster's job is to protect the insurance company's interests by minimizing the amount they pay out. They may try to get you to provide a recorded statement or sign medical authorizations that could harm your claim.
A pedestrian injury lawyer handles all communication with insurance companies on your behalf. They know the tactics adjusters use and how to counter them effectively. Your attorney protects you from saying something that could be used against you later.
Calculating Your Claim
Determining the full and fair value of your claim involves more than just adding up your current medical bills. A comprehensive valuation must account for all future medical needs, potential loss of income, and the non-economic impact of your injuries.
Your lawyer may work with medical and financial professionals to create a detailed projection of your future costs. This might include the expense of ongoing physical therapy, future surgeries, or permanent accommodations for a disability.
Fighting for Compensation
After building a complete picture of your losses, your pedestrian accident lawyer argues for a settlement that truly addresses your long-term needs. Your attorney can file a lawsuit if the insurance company won't offer a fair settlement.
Avoid These Six Actions That Weaken Your Case
What you do and say after a pedestrian accident significantly affects the strength of your claim. Certain actions may unintentionally give an insurance company a reason to deny your claim or reduce your settlement offer. You must be careful to protect your rights throughout this period.
It's best to be mindful of your public activities, including what you post on social media. Insurance companies often search online profiles for any evidence that contradicts your injury claims. A photo of you engaging in a physical activity could be misinterpreted and used against you.
To protect your claim, steer clear of these common mistakes:
- Admitting Fault: Never apologize or accept any blame for the accident, either at the scene or when speaking to an insurance adjuster.
- Giving a Recorded Statement: You're not required to provide a recorded statement to the other party's insurer without consulting your lawyer.
- Signing Forms Prematurely: Don't sign any documents, such as a medical release or settlement offer, without having your attorney review them first.
- Accepting an Early Settlement: An insurance company's first offer is often far below the true value of your claim. Accepting an early offer may not even come close to covering all of your costs.
- Hiding Pre-Existing Conditions: Be upfront with your attorney about any prior injuries; honesty allows them to build a stronger case strategy.
- Skipping Medical Appointments: Following through with all medical treatments demonstrates the seriousness of your injuries. Failing to attend doctor's appointments may lead an insurer to argue that you're not as hurt as you claim.
Statute of Limitations
Every state has a law known as the statute of limitations, which sets a firm deadline for filing a personal injury lawsuit. If you fail to file your case within this time limit, you'll likely lose your right to seek compensation through the court system.
The clock typically starts running on the date of the accident, but the specific time you have to file can vary from one state to another. For some personal injury claims, the deadline could be as short as one year or as long as several years.
Limited Exceptions
Some exceptions change the deadline, but these are rare. For example, if the injured person was a minor at the time of the accident, the statute of limitations may be paused until they turn 18. On the other hand, claims against government entities often have much shorter deadlines.
Never assume an exception applies to you. Contacting a pedestrian accident lawyer soon after your injury is the best way to make sure you don't miss the statute of limitations.
FAQ for Pedestrian Accident Lawyer
What if I Was Partially at Fault for the Accident?
Even if you believe you were partially at fault, you may still be able to recover compensation. Many states follow a comparative negligence rule, which allows you to pursue a claim if you share some fault for the accident.
However, your percentage of fault may reduce your final compensation award. A lawyer can help evaluate how these rules apply to your specific case.
What Should I Do if a Witness Saw the Accident?
If there were witnesses, their statements may help your claim. An independent witness may provide an unbiased account of the events that supports your version of what happened.
If possible, get their names and contact information and provide them to your lawyer. They can contact them to get a formal statement about what they saw.
What Happens if the Driver Who Hit Me Left the Scene?
If the driver fled the scene (hit-and-run), report it to the police immediately. Even if the driver is never found, you may still have a way to recover compensation.
You may be able to file a claim under your own auto insurance policy if you have Uninsured Motorist (UM) coverage. A personal injury lawyer can help you explore this option.
How Does a Pedestrian Accident Lawyer Prove the Driver Was Negligent?
A pedestrian accident lawyer uses many tools to prove a driver was negligent, including traffic camera footage, interviewing witnesses, subpoenaing the driver's cell phone records to check for texting, and hiring accident reconstruction professionals to analyze the scene.
By piecing together this evidence, your attorney can construct a clear narrative showing that the driver's careless actions directly caused your injuries.
What if the Driver Who Hit Me Was Uninsured?
If the at-fault driver doesn't have insurance, you may still be able to file a claim through your own auto insurance policy if you have Uninsured or Underinsured Motorist (UM/UIM) coverage.
This coverage protects you in these exact situations. A personal injury lawyer can review your policy and help you file the claim.
Building Your Path to Recovery
An accident can disrupt your life, but you have the power to take control of your future. You don't have to build your case alone. Securing legal support provides the blueprint you need to move forward with confidence.
Law Bear is here to help you begin that process. We'll evaluate your situation for free and connect you with an experienced pedestrian accident lawyer in your area. Call us 24/7 at (309) 365-6510 to start with a confidential case evaluation. The Bear's Got Your Back.