Pedestrian Accidents FAQ

I’ve been hurt in a pedestrian accident and I want to file a claim for my injuries. What’s the first thing I should do?

In the first few days of the weeks, there are some steps that you have to know in order to not lose your right to protection and compensation for the injuries that you have suffered.

  1. Make some record on how the incident happened. It is best to write them down so you will not forget the sequence of events.
  2. Make conversations with people who might have seen the event in order for you to be informed of what they saw that you might have not seen.
  3. Preserve any evidence of who caused the accident and what damage was done by collecting physical items and taking photographs. You should also take note of any pertinent details that might be relevant to the accident.
  4. Locate the people who witnessed the accident and who might be able to help you prove your case. This is to rebut the fact that your personal allegations may not be reliable because your view might be biased.
  5. Notify the person you think might be responsible for the accident and tell them about your intention to file a claim for your injuries, especially if a government agency or employee may be involved.
  6. Contact a personal injury attorney who knows how to deal with incidents like what you have suffered.

What if I was partially at fault for the accident?

You may have some responsibility and accountability for the accident, which may reduce your eventual recovery. For example, if you had 50% of the fault that caused the injury, your recovery may be reduced by 50%.

As a pedestrian, what duty is placed upon me to avoid accidents?

Every pedestrian will have the duty to obey traffic laws and to reasonably observe traffic conditions. As a general rule, pedestrians should not begin or continue their forward course across a street if they are aware of the approach of a vehicle.

How soon after I am injured do I have to file a lawsuit?

Most states abide by the rules on the “statutes of limitations.” This rule provides the law on how certain claims can be barred by failure to raise a dispute within a specified time.┬áIn some states, you may have as little as one year to file a lawsuit arising out of an automobile accident. If you miss the deadline for filing your case, your claims can be dismissed. It is vital that you get to talk with your lawyer the moment that you knew of or discovered the incident.

What damages are recoverable in pedestrian accident cases?

If you are the injured party, you may be compensated for things that you suffered in the past. You may also be compensated for the things that you might suffer in the future. Punitive damages may also be proper when the accident suffered has been extreme and the misconduct was very apparent, on the part of the person at fault. If the pedestrian dies, his or her survivors are entitled to recover full compensation for their economic losses that result from the pedestrian’s death, as well as damages which stem from the loss of society care and comfort of the decedent.

Do I need to retain an attorney?

Even in pedestrian accidents, it would still help to have an injury attorney to make sure that you are able to get your benefits or advantages whenever there is contributory negligence on the part of another party. Expert witnesses may need to be retained to reconstruct the accident factors, and help determine responsibility for the accident.

What should I bring to my meeting with a lawyer?

The lawyer should have access to the documents that are relevant to your case. Police information that contain relevant details about eye witness and their information can be very helpful. Medical reports copies from the hospitals and doctors that worked for the injuries sustained can Copies of medical reports and bills from doctors and hospitals will help demonstrate the extent and nature of your injuries. Information about the insurer of the person who caused your injury is extremely helpful, as are any photographs you have of the accident scene, your property damage, and your injury. The more information you are able to give your lawyer, the easier it will be for him or her to determine if your claim will be successful. If you are unable to collect documents in your first meeting, the lawyer can also work for you once you have given him the proper authority to do so.


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