How to Begin Legal Action After a Pedestrian Accident
Sep 18, 2018 18:53
Even after looking both ways to cross the street, a vehicle can come streaming down the block and cause an accident. The injury can be minor of life-threatening, but either way it results in a significant change in your life.
As a pedestrian, this accident can result in certain legal rights depending on where liability falls. After a pedestrian accident, do the research to discover the next steps in terms of legal action. Gaining compensation or legal support can help in the recovery process. Don’t let health insurance bills pile up when there may be legal grounds for compensation and coverage under the other party’s insurance carrier.
What is a Pedestrian Accident?
A majority of pedestrian accidents result from a driver’s negligence or lack of attention. This can include speeding, driving under intoxication, texting while driving, and other serious infractions. Pedestrians can exercise due diligence on their path, but still find themselves victim to a distracted or impaired driver. Fortunately, there are safety nets for when this occurs.
Pedestrians are protected by different laws specific to their situation and role as a pedestrian, which can aid in the legal process. As a pedestrian, you can expect drivers to be legally bound to:
• Stop at crosswalks
• Remain stopped until you are off the road
• Yield to pedestrians currently on the sidewalk
Essentially, drivers can’t overtake or pass a pedestrian in the interest of pedestrian safety. This certainly doesn’t mean pedestrians should walk around unaware of their surroundings and then blame others, but it does build in expectations for both parties to adhere to. If you obey pedestrian traffic laws and are injured, liability can be on the other party.
Additionally, the driver has a legal obligation to stop at the scene of the accident to exchange information and insurance. If they fail to do so and leave, the case becomes a hit and run. Here is where the police would need to get involved to help track down the other party. In the waiting process, utilize personal health insurance coverage to get the care you need. Compensation from the other party and their insurance can come at a later date.
In most cases, the fault lies on the driver and their failure to comply to traffic laws. However, pedestrians can also be at fault in certain scenarios. If the driver is at fault, the first step as a pedestrian is to pursue an injury claim through the driver’s car insurance. That claim is typically the first step towards compensation for bills, lost income, damage, and possible more. If the route taken means engaging in settlement talks, pursue what is best for you. It could be that the settlement process doesn’t progress and the matter needs to go to civil court.
Take it to Court and Bring the Receipts
If you find yourself battling in civil court, be prepared. This means documenting injuries, resulting medical bills and procedures, and more. Being prepared and knowing your rights as an injured pedestrian will make the victory in court even sweeter. Keeping careful records of bills, medical records, police reports, and other documentation helps to build a case and increase the legitimate nature of the case.
Bring an Expert
After an accident, the emphasis needs to be on your health and recovery. Navigating a legal process and potentially a legal battle means calling in for support. Fortunately, there are many law firms who specialize in injury law – including pedestrian injury.
When the focus is on adequate compensation and the support needed for a recovery, the process is less stressful. An injury law firm can make many promises, so it is important to find one with a record of being able to follow-through and succeed. One such firm is Dennis Hernandez & Associates, a firm with the expertise needed to win. Finding one with such qualities of success will be important for a successful injury law court action.
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