Men and women often choose to walk rather than take their vehicles. They may be in a small town shopping on Main Street when they are hit by a vehicle or they could be walking in a parking lot when someone backs into them. Pedestrian accidents happen quite frequently. Men and women need to know what to do in this situation, as these accidents often come with severe injuries.
Steps to Take Following a Pedestrian Accident
Immediately following an accident involving a vehicle, the pedestrian needs to contact the police and take photos of the scene, if they are able. Gather information from witnesses, and seek medical care for any pedestrian accident injuries. Any medical reports may be needed when you seek compensation for your medical bills and injuries. Once medical treatment has been obtained, it’s time to contact the insurance company of the driver responsible for the accident.
Filing a Claim
Most people know to contact the insurer of the driver who caused the accident. However, in a pedestrian accident, a person might find they can file a claim against other parties. For example, if a traffic control device wasn’t operating correctly, this may have contributed to the accident. In this case, the injured party may be able to file a suit against the municipality where the accident took place. An attorney becomes of great help in determining who the victim should file suit against at this time. If you have questions you can direct them to Oakland Pedestrian Accident Attorney.
The Pedestrian’s Role in the Accident
Every person has a duty of care when it comes to their personal safety. For example, a person should not be checking their phone when crossing a street on foot. They must follow all traffic signs and only walk when a sign tells them it is safe to do so, and they must use crosswalks where available. If a pedestrian fails to do so, contributory negligence may come into play in the lawsuit. The victim needs to speak to an attorney to learn if they may be held partially accountable for the accident and how this will affect any settlement they may receive from the driver.
Civil and Criminal Suits
Victims may wonder how a criminal suit differs from a civil suit when they are involved in a pedestrian accident. A driver may encounter criminal penalties if they committed a traffic infraction that led to the accident. For example, if the driver was speeding at the time of the accident, they may be cited by law enforcement. Hit and run accidents lead to criminal charges, as does driving under the influence. Finally, vehicular manslaughter comes with a criminal charge. However, a victim must file a civil suit if they wish to be compensated for their injuries.
In a civil suit, a victim sues the party responsible for the accident to obtain monetary damages or relief. The victim may file a civil suit even when the driver isn’t criminally charged for the accident. An attorney becomes of great help during a personal injury or wrongful death lawsuit. The attorney handles all aspects of the legal case, and the defendant focuses on their recovery.
If you have been involved in an accident as a pedestrian, speak to an attorney to learn your rights. The attorney guides the victim through the legal process and works to get fair compensation for the victim’s injuries and other expenses related to the accident. Every victim needs someone working on their behalf, so don’t try to tackle the legal process alone. Work with an attorney to ensure you get fair representation.