How To Make A Pedestrian Injury Claim After An Accident

Last updated on: September 17, 2022

A pedestrian accident occurs when a motor vehicle collides with a person on foot. These accidents may occur in a number of different ways and can cause serious injury, or even death, to the pedestrian, as the person on foot does not have the same protection as the individual in the motor vehicle. That’s why it’s important to know where to find experienced pedestrian accident lawyers.

If you have been hit by a car, call one of our experienced pedestrian accident attorneys at Zinda Law Group as soon as possible. Our knowledgeable attorneys are available to our clients 24/7 and have the resources and ability to guide you through the entire legal process of filing a claim for compensation for your injuries. Call our team today at (888) 863-5312; as always, your initial consultation is 100% free, and you do not pay us anything unless we are successful in wining your unique case.

What To Do Immediately After A Pedestrian Car Accident

Immediately after your accident is a very important time for your eventual claim. Two of the main things to remember are:

  • Police Reports: Make sure to speak with the police before leaving the scene of the accident
  • Insurance Company Filings: After leaving the accident scene, check your policy to see what you need to report in order to be able to make a claim. Make sure to comply with the rules, but don’t volunteer more information than you need to.

Things To Consider Before Filing A Lawsuit

Filing a lawsuit isn’t always the best option for pedestrians in an accident. There are many factors to consider, and a pedestrian accident attorney may be able to help you walk through them and explain how they impact your case.

Who is at Fault?

One of the main considerations in any kind of personal injury lawsuit is determining who is at fault. Even if your injuries are very severe, there is no way to file a successful personal injury lawsuit if there is no at-fault party against whom to file it. Your attorney can speak with you about the process of determining legal fault and how this impacts your case.

What If The Driver And Pedestrian Are Both At Fault?

The real-life situations that lead to a pedestrian accident are very rarely black and white when it comes to determining exactly what happened and who is at fault for it. In some situations, the pedestrian themselves may have contributed to an accident by jumping out into the street or not utilizing a crosswalk. However, even if you shared in some of the fault for an accident as a pedestrian, this doesn’t necessarily mean you won’t be able to recover anything in a claim.

Proving Driver Fault For Pedestrian Accident

Establishing driver fault for a pedestrian can often comprise the bulk of the work in a given case. Your attorney may be able to handle the legal points of this job, but there are things that victims can do the help strengthen their case as well.

Using Evidence to Prove Your Claim

One of the most important things you can do in the aftermath of a pedestrian accident is to file an injury claim. If the driver was at fault–meaning they were proven to be the one negligent–you may be entitled to damages. However, sometimes the driver and the pedestrian could both be at fault. For instance, a driver could have crashed into you while you were illegally jaywalking.

Pedestrian claims must be justified. If there was no third-party negligence, your claim will likely be thrown out. Other pedestrian errors can include failing to use a crosswalk, darting in front of vehicles, disrupting the flow of traffic by entering a stream of traffic, or ignoring the walk signal on a crosswalk. In order to make a successful pedestrian injury claim, you must show both negligence and liability.

A driver has a duty of care to pedestrians and fellow motorists, and when they neglect this duty, they can be deemed at fault. How can you know if a driver did not exercise “reasonable care?” These are just a handful of common negligent driver actions:

  • Driving under the influence of alcohol or drugs
  • Failing to signal
  • Disregarding weather or traffic conditions
  • Disobeyed traffic signs or laws
  • Failure to yield the right of way
  • Failure to observe posted speed limits
  • Distracted driving

You will want to make sure you report the accident to the police and get the name, address, and insurance details of the other party. It is also helpful to record any imperative information about the accident so you won’t forget it late. It is also in your best interest to hire a skilled personal injury attorney who has experience in handling the complex legal aspects of pedestrian accident cases.

Negotiating Personal Injury Compensation

Aside from establishing fault, negotiating the dollar amount that a victim will receive in compensation is the other major component of a pedestrian accident case. Speaking with an attorney is always going to be a good step one, but there are a few other helpful tips when it comes to negotiating compensation.

Never take the First Offer From the Insurance Company

When dealing with insurance companies, it is important to always keep in mind that they are businesses that are run for profit. This means that they try to take in as much money as they can in the form of premiums while minimizing the amount that they have to pay out in damages. As a result, the first offer extended by the insurance company will most likely be lower than the amount you and your attorney could eventually negotiate.

What if I Disagree With the Insurance Company’s Decision?

If you don’t agree with the insurance company’s decision, you may have several options. Before taking any action, it is important to know exactly what your policy covers and what your recourse is via the policy. In addition, speaking with a lawyer before doing anything may give you a better chance at avoiding critical mistakes and maximizing your eventual claim.

Legal Challenges When Pursuing A Lawsuit

Personal injury lawsuits can become complicated in a variety of ways, including while gathering the necessary evidence to support your claim, negotiating with an insurance company, and proving your case at trial if necessary. In addition, all of these things have to be done before the statute of limitations expires on your case. All of these legal challenges can be overwhelming, especially when you are trying to deal with them at the same time as you are recovering from your injuries. This is why having the right attorney on your side can make all of the difference in the world.

Causes Of Pedestrian Accidents

There are many different causes of pedestrian accidents. They may be caused by a distracted driver, a negligent driver, or from an inexperienced driver. Whatever the cause, our experienced pedestrian accident attorneys may be able to help you investigate your case, determine fault, and begin your pedestrian accident lawsuit. Below are examples of causes of pedestrian accidents:

Distracted Driver

Distracted driving causes injuries to hundreds of thousands of individuals in the United States each year. In 2018 alone, there were 2,800 people killed due to a distracted driver; of this number, one in every five killed were pedestrians—either walking, riding their bikes, or otherwise outside of any motor vehicle.

Distracted driving includes behaviors such as driving while eating, texting, playing with the radio, talking to other passengers, or anything that takes the driver’s attention away from the act of driving. If you were injured due to a distracted driver, call one of our pedestrian accident lawyers today.

Failure to Yield at a Right of Way

A right of way may indicate that either motor vehicles or pedestrians have the right to cross the street first. For example, if a traffic signal directs a pedestrian to cross the street, a motor vehicle driver must allow the pedestrian to cross before driving through the crosswalk area. On the other hand, a pedestrian cannot cross the street in front of traffic if there is no signal indicating that it is safe to do so.

Driving Under the Influence

Driving under the influence of drugs or alcohol is always a bad idea because intoxication slows your reaction time, affects your motor skills, and reduces your concentration, among other risks. Drinking and driving is also against the law, with federal regulations prohibiting anyone from driving with a blood alcohol concentration of 0.08 percent or higher. If you were injured by a driver and believe they had been drinking, contact a Zinda Law Group pedestrian accident lawyer as soon as possible.

What Happens If The Other Driver Is Found Guilty Of The Accident?

For the most part, if both a criminal and civil case exist, they operate independently from one another. The criminal justice system exists to punish wrongdoers and deter illegal behavior, while personal injury claims are intended to make the victim of an accident whole. There are also different burdens of proof in either situation. However, if the driver in your case is found guilty of a criminal charge like a DUI, this could potentially be a good indication that they should bear a good portion of the fault in your case.

Our team is here to answer any questions you may have regarding your unique pedestrian injury case. Contact us today at (888) 541-7576 to schedule your 100% free initial consultation. As always, you do not pay us anything unless we are successful in winning your case; that is our No Win, No Fee Guarantee.