Can you file a personal injury claim if you’re hit by a car while walking? The direct answer is yes. However, the odds of getting compensated for injuries and other damages will depend on many other factors.
Who Is to Blame for the Accident?
A driver must give way to pedestrians at marked crosswalks and in other circumstance as per the state’s traffic and vehicle code. Additionally, motorists must obey traffic signs and drive within the posted speed limits. If you get hit by a car whose driver is violating traffic rules, the likelihood of winning a personal in injury claim is substantially high. Nonetheless, when a pedestrian acts in a manner that makes it difficult for a motorist driving cautiously to avoid a collision, the said pedestrian can be held liable and may it may be quite a challenge pursuing compensation. In incidents where the pedestrian and the driver share blame for the accident, the jury will establish what percentage either party contributed to the collision that caused the injuries. In some states, the driver will not be required to pay anything if the pedestrian was more than 50% to blame for the accident.
Did You Sustain Injuries?
It almost goes without saying that you have to get injured for you to file an injury suit against the driver’s insurance provider. Also known as a third party claim, this is first the first step to getting compensated for damages such as medical expenses, lost wages and general losses such as pain and suffering. In most cases, the insurance company will offer an out of court settlement after rounds of negotiations. If you feel that the settlement amount does not equal your losses, the law provides that you can file a personal injury claim at a civil court.
Did The Driver Stop After the Accident?
You have to identify the driver who hit you before you can file an injury claim. If the driver stops at the scene of the accident, be sure to collect contact and insurance information to help you pursue compensation with the motorist’s insurance company. When a driver defies the legal obligation to stop at the scene of the accident, your quest for damages may be hampered. In such a situation, report the accident to the police so that investigations can be conducted. Also, gather contact information of eyewitnesses, if there are any. Seek immediate medical attention and keep records of all expenses you incur.
Seek Legal Assistance
If later, with the help of the police you manage to track and identify the hit and run driver, discuss your legal options with a personal injury attorney more so if you sustained serious injuries as a result of the collision. An experienced law firm like The Clark Law Office will among other things help you calculate the value of your claim, arrange evidence in a way that will guarantee a strong defense and by extension help you avoid the common mistakes people make when filing personal injury claims. Because a consultation is free, you can call a personal injury attorney in your area and know what are your legal options if you’re hit by a car while walking.