Getting hit by a car as a pedestrian can lead to all sorts of financial worries on top of dealing with the injuries and treatments. Unlike someone in a car, you don't have your own insurance to cover your losses, so you may be hoping to hold the driver responsible. The following guide can help you better understand your options and whether you can even bring a personal injury case against the driver.
Was the driver at fault?
Generally, the driver of the car will only be at fault if the accident occurred to their negligence. For example, if they ran a stop sign, jumped a curb, or failed to yield right of way in a cross walk. If you are found at fault, such as for jay walking, you may be responsible for your own treatment and loss of income.
Could fault lie somewhere else?
In some cases, fault may not lie with you or the driver. An example of this is in a city with a municipal code that requires that cars be parked a certain distance from the corner or that landscaping be trimmed back. If it is determined that neither you nor the driver broke the law, but you feel you were hit due to the poor visibility because a property owner failed to follow the above codes, you may be able to sue the property owner for personal injury.
How do you seek compensation?
First and foremost, do not turn down medical care at the scene. Also, keep all paperwork that pertains to your treatment or loss of income, including treatment papers, billing invoices, and paycheck stubs showing the income loss. Next, contact the insurance of the driver or homeowner. When contacting an auto insurer, for example, you will be filing a third party claim and you will need to meet with an insurance adjuster.
What if you need help?
The personal injury process can be difficult to navigate, especially if you are healing from your injuries and have difficulty doing some of the legwork. You will need to track down and interview witnesses to get witness statements, take photographs of the accident scene, and ensure that the police statement is filled out and filed properly. It's a good idea to contact a personal injury attorney as soon as possible after the accident. They can help you complete these steps and build a compelling case so that you receive the compensation that you deserve. Generally, the attorney will not require payment until your case is settled, at which time they will take a portion of the settlement. This means you do not need to worry about the financial aspect until everything is finished.
For more information about pedestrian accidents, talk with a personal injury attorney like Sarkisian, Sarkisian & Associates PC.Share
24 July 2016
Defective products are produced and sold to consumers all of the time. Unfortunately, some of these defective products cause consumers injuries when they malfunction. So, what can you do if a defective product causes you or someone that you love some kind of injury? This blog will show you how the legal system works to protect consumers from instances such as this. You will find out about personal injury lawsuits and what it takes to file and proceed with a lawsuit to hold the company that manufactured that defective product responsible for the role that they played in the pain that has been experienced.