Pedestrian accidents occur for various reasons, including distracted driving, over speeding, or running red lights. If a pedestrian is hit by a vehicle, they may sustain severe injuries, fatalities, or disability.
You deserve compensation if you or a loved one suffers an injury in a pedestrian accident caused by someone else's negligence. Even so, you must prove the reckless actions of the at-fault party that contributed to the accident.
The insurer of the negligent party may also downplay or reject your claim. You should, therefore, consult a legal professional to understand your rights and legal options.
A pedestrian accident lawyer can investigate the incident, gather evidence, and initiate a settlement claim from the at-fault party.
What Should I Do After a Pedestrian Accident
Your actions after a pedestrian accident can enhance your wellness and protect your rights as an injured victim.
Here's what to do after a pedestrian accident:
Seek Immediate Medical Attention
After being involved in an accident as a pedestrian, seek immediate medical attention. Even if you feel fine after the crash, injuries may not be immediately apparent due to shock or adrenaline.
A comprehensive evaluation by a healthcare provider can reveal hidden injuries like a concussion or internal bleeding. They will also initiate a treatment plan to prevent complications.
A healthcare provider will also document the injuries and treatment plan. They will generate different medical records, including:
- Diagnostic reports
- Medical bills
- Prescription notes
- Doctor's notes
- Specialist reports
A pedestrian accident attorney can rely on the above records to prove the extent of your injuries and their impact on your life. They can use the medical records to push for a fair settlement value.
An insurer may also question the severity of your injury if you delay seeking compensation for your injuries.
Inform the Law Enforcement Officer About the Crash
You should notify a law enforcement officer after a pedestrian accident.
Here are a few reasons to inform the police officer about the incident:
- Documentation: Contacting the police creates an official record about the crash. A law enforcement officer will generate a police accident report, valuable evidence in any potential legal proceedings arising from the incident.
- Legal Requirement: In many states, drivers must notify the police about a pedestrian accident. In New York, drivers should inform the police if a crash results in injury, death, or property damage worth more than $1,000.
- Professional Investigation: Notifying law enforcement allows for a proper investigation into the facts and circumstances of the crash. Law enforcement officers are trained to assess the scene, gather evidence, and interview witnesses. Their professional evaluation can provide valuable insights into what transpired during the accident, aiding in determining liability and fault.
- Safety and Well-being: Notifying the police about a pedestrian accident can help ensure the safety and well-being of all parties involved. In cases where injuries are sustained, immediate medical attention may be required. A police officer can help dispatch emergency medical services to the scene so the injured can receive treatment.
A pedestrian accident lawyer can use a police accident report to establish liability or prove the negligent actions of the at-fault party.
Consult a Pedestrian Accident Attorney
You should also speak to a pedestrian accident lawyer after the incident. While you're overwhelmed by the aftermath of the crash, a pedestrian accident lawyer can handle the matter with professionalism and objectivity.
During the initial meeting, they will use the available facts to decide if you have a case against the at-fault party. They can also gather crash details and initiate a settlement claim against the at-fault party.
Most importantly, they will give you peace of mind by handling the legal aspects so you can focus on recovery.
Average Payout for Pedestrian Hit by Car
Your ability to recover from your injuries depends on the settlement value you receive for your losses. Generally, there is no average value for a pedestrian accident. The value depends on the facts and circumstances of the crash.
Some of the factors that affect the settlement value of a pedestrian accident include:
Severity of the Injury
The extent of the harm caused to the pedestrian directly impacts the compensation they may be entitled to. For instance, a minor injury such as a sprained ankle may result in a lower settlement value compared to a traumatic brain injury that requires extensive medical treatment and long-term care.
In cases where the pedestrian sustains severe injuries that lead to permanent disability or impairment, the settlement value tends to increase significantly. These types of injuries can impact the individual's quality of life, ability to work, and overall well-being.
Therefore, the higher the severity, the higher the likelihood of receiving a higher settlement value for your losses. A severe injury deserves a higher settlement value due to current and ongoing medical expenses.
A pedestrian accident attorney can use medical records and reports from a specialist to prove the severity of your injuries and the extent of your losses.
Duration of Recovery Period
The duration of your recovery period after a pedestrian accident has a significant impact on the settlement value of your case. This period refers to the time it takes for you to heal from your injuries and return to your normal activities.
The longer the recovery period, the more likely it is that you will incur higher medical expenses, lose income due to missed work, and experience pain and suffering.
For example, if you sustain a minor injury that only requires a few weeks of recovery time, your settlement value may be lower. This is compared to a situation where you sustain a severe injury requiring months or even years of treatment and rehabilitation, where the value is naturally higher.
A pedestrian accident lawyer considers the duration of your recovery period when calculating a fair settlement amount. They understand that the longer your recovery period, the more impact the accident has had on your life and finances.
They will gather evidence and prove how a longer recovery period has contributed to higher losses.
Availability of Evidence
In the aftermath of a pedestrian accident, the availability of evidence can determine whether you'll receive a fair settlement value for your losses. The more evidence you can gather to support your case, the stronger your position will be when seeking compensation for your injuries and damages.
Key pieces of evidence that can significantly impact the value of your pedestrian accident claim include:
- Witness statements
- Photographs of the accident scene
- Surveillance footage of nearby premises
- Traffic camera footage
- Medical records documenting your injuries
- Police accident report
By presenting compelling evidence, you can strengthen your argument and increase the likelihood of a successful outcome in your case.
You should work with a skilled pedestrian accident lawyer who can effectively gather and utilize evidence to bolster your case.
They will ensure that all relevant evidence is collected, preserved, and presented before a judge or insurer to support your claim for maximum compensation. For instance, a pedestrian accident attorney can use an eyewitness statement to prove the impact of anguish after the accident and pursue compensation for these losses.
Shared Liability
Shared liability can determine whether you'll receive a high or low settlement value. For instance, if a pedestrian is found to be partially at fault for the accident, it can lead to a low settlement value.
A pedestrian accident attorney can thoroughly investigate the circumstances leading to the accident and determine each party's level of fault. They can use evidence like traffic camera footage to dispute instances where you're wrongly blamed for a crash.
A pedestrian accident lawyer can handle insurers so they don't wrongly blame you for the crash. They will also use evidence to fight for a maximum settlement value.
Legal Representation
The input of a pedestrian accident attorney can determine if you'll recover from injury-related losses.
Here are a few ways in which a pedestrian accident lawyer can lead to a positive outcome in your claim:
- Establishing the Value of Your Losses: You're likely to leave money on the table if you don't understand the value of your losses. A pedestrian accident attorney will evaluate the applicable damages in your case.
- Negotiating with Insurers: Insurance companies may offer you a low settlement amount, hoping you will accept it and not pursue further legal action. A pedestrian accident attorney will evaluate the offer and advise whether to accept or negotiate a higher settlement value.
- A pedestrian accident lawyer understands the tactics insurance companies use to minimize payouts, and they can counter these strategies to secure the compensation you deserve. They will use evidence to prove the extent of your losses and fight for a fair settlement value.
- Representation in Court: Although many injured victims receive compensation from the at-fault party's insurer, some receive compensation after court action. A skilled attorney can represent you in court and advocate for your rights.
When you work with a pedestrian accident attorney, you can rest assured that a knowledgeable legal professional is handling your case, and will pursue compensation for all your losses.
Compensation for a Pedestrian Accident
You can initiate a personal injury claim or lawsuit to obtain compensation for your injury-related losses.
Some of the damages you can pursue in a pedestrian accident claim include:
- Medical Expenses: Injuries sustained in a pedestrian accident can result in substantial medical bills, including hospital stays, surgeries, medications, and rehabilitation costs. Compensation for medical expenses allows you to cover your current and future healthcare needs related to the accident.
- Lost Income: If your injuries prevent you from working, you may be entitled to compensation for lost income. Whether it's a temporary inability to work or permanent disability affecting your earning capacity, recovering lost income gives you a financial cushion during your recovery period.
- Out-of-Pocket Expenses: Beyond medical bills and lost income, you may incur other accident-related costs such as transportation to medical appointments, home modifications, or assistance with daily tasks. A pedestrian accident lawyer will ensure you receive compensation for these losses.
- Pain and Suffering: Physical pain and emotional distress resulting from a pedestrian accident can significantly impact your quality of life. For instance, you may be entitled to compensation if an injury has triggered persistent pain for weeks, months, or years after the injury.
- Emotional Anguish: The psychological impact of a pedestrian accident can be profound, leading to anxiety, depression, post-traumatic stress disorder (PTSD), and other emotional challenges. Seeking compensation for emotional anguish allows you to pay for treatment programs that help you to cope or recover from the mental health program.
- Loss of Companionship: In cases where a pedestrian accident results in the loss of a loved one, surviving family members may be entitled to compensation for the emotional and relational void left by the tragic event. This loss of companionship claim recognizes the immeasurable value of personal relationships affected by the accident.
- Loss of Enjoyment of Life: Severe injuries from a pedestrian accident can limit your ability to engage in activities you once enjoyed, affecting your overall enjoyment of life. For instance, you may be entitled to compensation if an injury prevents you from going on nature walks, your favorite hobby.
Hire a Pedestrian Accident Attorney Near You to Fight for Full Compensation
The injuries after a pedestrian accident are likely to worsen your mental health. A severe injury or the fatality of a loved one can prevent you from working or participating in activities you previously enjoyed. You, therefore, deserve compensation for your injury-related losses.
Even so, the at-fault party's insurer may make a low settlement offer that barely covers your losses. You should work closely with a pedestrian accident attorney to protect your interests in the claim. They will rely on evidence to communicate and negotiate with an insurer.
If you or a loved one has suffered an injury in a pedestrian accident, you should always contact a Bronx personal injury attorney as soon as possible. They will ensure you obtain the settlement or award you are owed. Don’t delay, call today.
