When a Vehicle Strikes You as a Pedestrian

Pedestrians need to stay aware of traffic as they walk. It's all too common for someone who is not paying attention to their surroundings to be struck by a careless driver. 

If you are ever hit by a vehicle, then you naturally want to receive full compensation for your damages. Here is a brief guide to what to do when you've been hit by a vehicle.

What to Do First

The most important thing to do after being struck by a vehicle is to seek medical attention. If your injuries are serious and obvious, then, of course, you will be taken to the hospital. In some cases, however, your injuries might not be obvious or they may seem minor when they are actually quite serious.

If you are not taken to hospital by an ambulance, then make certain you go to the emergency room or to your family doctor for treatment as soon as you can. If you delay seeking medical treatment for any reason, the insurance company could use that as a reason to deny you compensation for your injuries at a later date.

Who Bears Responsibility?

A critical question for anyone who is hit by a vehicle is who bears responsibility for the accident? In most cases, the answer is that the driver is held responsible because the relevant laws require drivers to pay very careful attention to any road hazards, such as a pedestrian. So, avoiding the accident lies primarily with the driver.

Although the vehicle operator is generally at fault if an accident occurs, there are certain expectations for pedestrian behavior. For example, you do not have to the right to simply walk into traffic without any regard to whether you cross at a crosswalk or with the light. The law will likely hold you responsible if you engage in such reckless actions.

In rare cases, you might claim the local municipality is at fault for the accident. For example, if you are struck by a vehicle because a stoplight is not working, you might have a case against the city or town.

The Need for an Attorney

Some people pursuing claims for damages against a driver and their insurer might decide to forego hiring a lawyer, but this is a bad strategy. The insurer naturally wants to pay you as little as possible and will often try to get you to agree to a settlement that doesn't fully compensate you for your costs related to the accident.

You need a qualified attorney to help you obtain the compensation that you deserve. If you try to go it alone, you may find that you have agreed to a settlement prematurely and have accident-related costs that you must pay out of your own pocket.

Factors That Influence Your Compensation

A number of factors determine the amount of damages you will receive from the driver's insurer. One of the most important is the severity of your injuries. Another key consideration is the long-term impact of your condition. 

For instance, if you are not expected to ever work again because of the extent of your injuries, your case is worth more than if you can return to your job. The extent of any pain and suffering you experience is also an important factor in determining your settlement.

If you are hit by a vehicle while walking on a sidewalk or crossing a street, it's vital that you have competent legal representation. An experienced personal injury lawyer from the Law Offices of James B. Gillespie, Jr., PPLC can help obtain the full value of your case. Contact us to today learn more and get the help you need.