Over the past three decades, the number of pedestrian accidents has increased significantly. In 2018, pedestrian accidents led to the death of 6,227 pedestrians, which is a 51% increase from the number in 2009.
Some pedestrian accidents end up with serious or fatal injuries because a pedestrian is not expecting an encounter with a vehicle while walking on the footpath (plus the sheer difference in mass where the pedestrian is defenseless). Every auto accident is dangerous, but when it comes to traumatic ones, pedestrian accidents have no match. When a person on foot gets hit by a car, it is obvious that it will often result in severe injuries, paralysis, and even death.
What to Do After a Pedestrian-Car Accident?
Life is unpredictable, and you cannot know what life has in store for you. Therefore, you should prepare yourself for the worst. What to do if you find yourself injured in a pedestrian-car accident? Here are some tips from a south florida pedestrian accident lawyer.
Step 1: Call 911
When you are in an accident and are conscious, you must call 911 for help because you will need immediate medical assistance. Do not leave the scene of the accident until emergency responders arrive at the location. The emergency responders will report to the authorities and bring the attention of the police to the accident. Take the ambulance to the ER to get checked out.
Step 2: Gather the Evidence
While waiting for the emergency responders, if possible, you should try to gather as much evidence as you can. The name and number of the driver, and even the witnesses. Use your smartphone to take photos of the accident scene, blood, bruising, etc… The more data you have about the witnesses and the party-at-fault, the easier it will be to prove your case. Obviously, in more serious car vs. pedestrian cases, this may not be possible. Obtaining quick emergency medical care is always of paramount importance.
Step 3: Be Careful of What You Say
When you are not at fault, you are not at fault. Make sure you do not admit to something you are not responsible for as the party-at-fault may use it against you. Anything you say at that exact moment will have an impact on your personal injury claim. You can’t say anything wrong if you don’t say anything at all. Just focus on getting medical coverage and we will worry about making your case.
Step 4: Do Not Engage in Conversation
It is best not to engage in conversation, other than asking for someone call 9-1-1, with the driver or any of the witnesses immediately after the accident. It is a wise choice because you are unaware of how serious your injuries are or what medical expenses you may endure.
Step 5: Call an Experienced Pedestrian Car Accident Lawyer
Make sure you follow all these steps after the accident if you want to file a personal injury claim.
Building a Pedestrian-Car Accident Claim
Pedestrian-Car accidents result in severe injuries and even death; that is why you must file a personal injury claim. If a victim incurs fatal injuries and dies after the accident, the family may file a claim for wrongful death and receive compensation. However, not all pedestrian-car accidents fall in personal injury law. For an accident to qualify as a personal injury claim, some conditions need to be followed.
The pedestrian-car accidents can be built into a case if they fall in any of the following cases.
Case 1: Negligence
If a driver shows negligence and its results in serious injuries or death of a pedestrian, there is a cause of action. Distracted driving and not following the traffic rules are some forms of negligent behavior.
Sometimes the pedestrian is partially at fault. Perhaps they didn’t cross at a designated crosswalk (when one was available), perhaps they crossed when the cars had a green light / right of way. Florida is known as a comparative negligence state, which means that fault is not necessarily 100% the vehicles and not necessarily 100% the pedestrians.
Case 2: Recklessness
Speeding, drinking and driving are example acts of recklessness. If a pedestrian gets hurt due to the recklessness of a driver, there are other potential causes of action under Florida law.
Case 3: Intentional Conduct
The third case is pedestrian-car accidents due to intentional conduct. It comes under personal injury law and criminal law. The party-at-fault in such a case gets a punishment according to criminal law.
If your accident lies under any of these cases; negligence, recklessness, or intentional conduct, you should hire a professional Florida car accident lawyer.
Hiring a Pedestrian-Car Accident Lawyer
Many pedestrian accidents result in life-changing damages, and that is why you must seek to receive compensation for the damages you incurred – for medical bills, future care, lost wages, lost earning capacity, out of pocket expenses and pain and suffering.
To make your case strong, it is a wise choice to hire a professional pedestrian-car injury lawyer right away.
Determining Fault
The victim is expected to prove how the other party was at fault to receive compensation after a pedestrian injury. Without an attorney by your side, it becomes difficult to do so. Hiring a professional attorney will make it easy for you to determine the fault through medical exams, testimony, witnesses, and other evidence.
Determining Damages
It is easy to determine the damages for medical expenses and property damages, but mental injuries or pain and suffering, determining the cost is not easy. For calculating the damages for pain, suffering, and mental damages, you will need a professional attorney.
Let Us Speak With The Insurance Companies – You Focus on Healing
Insurance companies pressure victims to make statements that they can use against them in court. Therefore, hiring an attorney will ensure that you do not say anything that may ruin your case. An attorney will serve as your mouthpiece, which will save you from the pressure of the insurance companies.
We will tell your story. We will fight for your compensation. You focus on getting your life back on track.
Note: This article is intended for informational purposes only. Our dedicated team compiles accident news reports using a variety of trusted external sources, such as local news outlets, official police reports, social media updates, and eyewitness statements regarding incidents in Florida. While we strive for accuracy, the facts in this post have not been independently verified by our writers. If you identify any inaccuracies, please contact Neufeld & Kleinfeld, PA, immediately, and we will promptly address any corrections. Posts can also be removed upon request.
Disclaimer: This post is not intended as a business solicitation. The information provided should not be interpreted as medical or legal advice. Additionally, the photo accompanying this post does not depict the accident scene described in this post.
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