Hit By A Car LawyerLast updated on: May 10, 2019
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When a driver, pedestrian, cyclist or other road user is hit by a car, they utilize the services of a car accident lawyer to seek the compensation they deserve. Our injury attorneys help those who have been hit by a car determine who is responsible, negotiate with insurance companies and seek the maximum compensation available to them. You can avail of a no win no fee agreement, meaning that if we don’t win your case you pay us nothing. That’s our no fee guarantee!
For a free consultation, contact our car accident attorneys on 888-988-7063 for more information on making a claim.
What To Do if You Get Hit by a Car
1. Medical Attention
After you’ve been hit, take a second to assess the injuries you have sustained and determine whether emergency attention is needed. Remember at this step that adrenaline can often mask the pain from injuries. It is very common for car accident victims to believe that they are OK, only to wake up the next day and realize that they have sustained an injury. Medical attention is not only beneficial to your health but also will be useful when you make a claim as it will prove your injuries.
2. Collect the Driver’s Information
While waiting for the police to arrive, collect as much information as possible — the other driver’s license information, license plate number, insurance information, etc. In addition, document the situation thoroughly with pictures. Take pictures of the car, the location, your injuries, and anything else that might be helpful.
If you were injured in a hit-and-run, and are unsure about how to get the driver’s information, view our article: What To Do After A Hit And Run Accident.
3. File an Accident Report
When the police arrive on the scene, give a complete and thorough description of what happened. It is important that you document the incident as soon as possible. This way, the events are still fresh in your mind.
4. Contact an Attorney
When you are struck by a car, you want to have somebody in your corner who knows the ins and outs of the system and will fight to help you get what you deserve. The driver and their insurance company will aim to pay as little as possible and having an experienced attorney on your side can make sure that your interests are adequately represented.
Common Accident Claims
Even if you are a cautious driver and obey all traffic laws, you are still at risk whenever you are sharing the road with other drivers. It is certainly possible to sustain serious injuries when you are struck by a car while driving your own car. Common accidents include rear-end collisions, T-bone accidents, run off the road, accidents when changing lanes, for example. In all these cases, where another driver’s negligence caused the accident you may be entitled to pursue compensation.
Pedestrians Hit by Car
When walking near roadways, it is essential to remain vigilant against drivers who may not be paying attention. Collisions involving pedestrians can lead to severe injuries, and it can happen in numerous different ways:
Hit by a Car in a Crosswalk
Though crosswalks are designated as pedestrian areas, they can still be extremely dangerous. Drivers have a legal obligation to see and avoid any hazards in the roadway, but many drivers still drive while distracted. Thus, it is vital to always look both ways before stepping into a motorway. Nevertheless, accidents do happen.
Hit by a Car while Walking on a Sidewalk
Even though the sidewalk is the domain of the pedestrian, their proximity to the road often means that they can still be dangerous. In cases where a driver is driving under the influence of drugs or alcohol or is otherwise extremely distracted, they may swerve from the roadway onto the sidewalk, which can cause injuries just as serious as if they happened on the road.
Children Hit by a Car
Because children do not always fully appreciate the danger of being near a roadway, they can often wander into dangerous locations. It is important for parents to be as vigilant as possible, but accidents still occur.
Other Road Users
Pedestrians and car drivers are not the only ones who are put into danger by drivers who are not paying attention. Many kinds of vehicles share the road, and injuries suffered while the victim is driving a car or other vehicles of their own can be just as serious, if not more so, than injuries sustained by pedestrians who are struck by a car.
Hit by a Car While Riding a Scooter
Riding a scooter is a great way to get around town quickly while saving on gas money. Unfortunately, other motorists are not always keeping an eye out for these lightweight vehicles. Because they do not offer as much protection as cars, scooter riders often bear the brunt of any collision.
Hit by a Car While Riding a Motorcycle
Motorcyclists often face the same risks that people riding scooters face—other motorists are not looking for them, and an accident can easily lead to severe injuries given the minimal protection that motorcycles offer.
Hit by a Car While Riding a Bike
Biking is an increasingly popular form of exercise and is also a great way to save on gas if it can replace the car for commuting. However, in most towns, cyclists need to share the road with vehicles to get around. This means that people on bikes often risk a distracted driver drifting into their lane and causing a collision.
Who Can You Sue After Your Hit By A Car?
Where the accident was caused by a reckless or distracted driver, as long as the driver’s negligence can be proven a claim may be brought against the driver. When filing a lawsuit against a driver for an accident, the claim is made through their insurance company. Negotiating with an insurance company can be tricky, that is why it is usually best to have an experienced car accident attorney by your side to ensure your best interests are met the entire way through.
Injuries suffered by pedestrians vary greatly depending on the speed of the car and the location of the strike, but some of the most common include:
- Internal Injuries: Bleeding, rib fractures, and brain bleeds and other traumatic brain injuries.
- Head Trauma: For brain injuries, the stakes are very high. Even in a minor accident, any potential damage to the brain must be treated very carefully.
- Bone Fractures or Breaks: This is among the most common of injuries suffered by pedestrians but can often be tricky to fix.
- Lacerations: These cuts on the skin can vary greatly in how severe they are and depend on the depth of the wound, as well as location.
Other Road Users
If you are involved in an accident while driving a car, the injuries sustained can be equally as severe as those typically suffered by pedestrians. Some of the most common include:
- Neck and Back Injuries: This category includes things ranging from whiplash and herniated discs to severe spinal cord damage.
- Burns: Similar to other injuries, burns can range in severity, with the most severe burns requiring skin grafts to heal.
- Head and Brain Injuries: These types of injuries can be suffered just as easily even with the protection of your car. This category includes damage ranging from concussions to internal bleeding and skull fractures.
Many factors will go into determining exactly how much compensation you receive after an accident. Courts need to determine exactly who is at fault, which can be easy in some instances, and hotly contested in others. Generally, compensation can be divided into two categories:
Economic damages are compensation for the economic losses you suffer because of an accident. They include things like medical bills, loss of income, property damage, and out-of-pocket costs.
Non-economic damages are less concrete than economic damages and are subjectively determined by the jury. This category includes things like pain and suffering, loss of enjoyment of certain activities, or worsening of prior injuries.
Legal Time Limits (Statute of Limitations)
After an accident, you will have a certain period of time in which to file a claim, also known as the statute of limitations. The statute of limitations differs from state to state, which means that it is crucial to start the process by speaking to an attorney as quickly as possible to make sure that this period does not expire. Also, most states will not start the clock on the statute of limitations for injuries suffered by children until their 18th birthday.
Frequently Asked Question
I Was Hit by a Car, How Much Money Will I Get?
This depends on a variety of factors, including the severity of your injuries, both physical and mental, the comparative fault of the parties involved, and whether your injuries will keep you out of work or not. To get a better idea of how much compensation you may seek, speak with an attorney.
How Much Should I Settle for After Getting Hit by a Car?
With all the factors that go into personal injury lawsuits, it is difficult to pinpoint an exact number that constitutes a fair settlement. Hiring an experienced attorney will improve your odds of being adequately compensated for your injuries.
Can You Sue if You Get Hit by a Car?
In cases where another driver is at fault for the accident, you will likely be able to sue them for compensation if you have been injured. An attorney will ensure that you are treated fairly throughout the process and help you seek the maximum compensation available to you.
OUR CAR ACCIDENT LAWYERS CAN HELP
Zinda Law Group works with professionals in the field of accident investigation, as well as law enforcement and witnesses to collect evidence to help prove that the guilty party indeed was at fault.
We will use that information to seek fair compensation on your behalf for the injuries and emotional suffering you have had to endure. Our goal is to protect your rights, to help you, and to help you seek the compensation you deserve.
Meetings with attorneys are available by appointment only.