If you were crossing the street or walking along the roadway and struck by a car, you are not alone. There were 5,987 pedestrians killed in car accidents in 2016. That averages out to a pedestrian death from a crash about every 1.5 hours.
According to the Centers for Disease Control and Prevention, about 129,000 pedestrians ended up in the emergency room for crash-related injuries in 2015. Pedestrians are 1.5 times more likely to be killed on each trip than passengers of a vehicle.
What To Do After A Pedestrian Accident
If you have been injured as a pedestrian, you should do everything you can to preserve evidence and maintain supporting documentation. Always call the police so an accident report can be completed. Sometimes injuries are more serious than they initially appear. If possible, get photos of the accident scene and get written statements from any eyewitnesses.
It is imperative to establish medical care right away. You must show the casual connection between your injuries and the accident. If you delay care, it can make it more difficult to prove that your injuries were caused by the traffic accident. If injuries are serious, ask for an ambulance to transport you to the nearest hospital.
The Elements Of A Personal Injury Claim
To have a successful personal injury claim after being hit by a vehicle as a pedestrian, you will need to show that the driver of the vehicle was negligent. This means all four elements of negligence must be met. The first element of negligence is to show that the other person owed you a duty. In this case, the driver owes others a duty to drive safely and prevent accidents.
The second element is to show that the duty the driver owed you was breached. This could be by the driver failing to yield right of way or by the driver running a stop light. The third element is to show that the breach of duty caused an accident. Then lastly, you must show that your damages were from the accident caused by the breach of duty.
If you and your accident injury lawyer can show all four elements of negligence apply to your claim, then you can have a successful personal injury claim against the driver of the other vehicle. You will need documentation to support your claim, so keep medical records, medical bills, the accident report, witness statements, photos of the accident scene, proof of missed work and lost wages, and anything else that helps to show the damages you suffered because of the crash.
Talk With A Personal Injury Lawyer
To improve your chances of a successful claim where you recover compensation to cover your damages, you will need to enlist the help of a personal injury lawyer. Personal injury cases are handled on a contingency basis, so you will not have to pay anything out of pocket. Call The Harlan Law Firm to schedule your free case evaluation today.