What Are My Rights as a Pedestrian if I am Hit By a Car?
Car Accident Lawyer
As a pedestrian, perhaps the biggest threat to safety when traveling on two feet is the vehicle driver. Pedestrians may get hit by cars for a variety of reasons, but the party responsible is commonly the driver. A driver may be distracted, speeding or doing something else that has taken attention away from the road. Even when crossing during their right of way at a crosswalk, a pedestrian must be alert to cars nearby at all times. The injuries associated with pedestrian accidents can be awfully painful and life-threatening. It is rare for a pedestrian to walk away from such an impact without needed emergency care. Any person who has been struck by a vehicle should call 911 right away for help. Even if he or she feels alright at the time, there could be critical injuries brewing under the surface.
What can I do if I was hit by a car while out walking?
Depending on how the accident happened, you may be able to file a lawsuit against the driver who hit you for damages. If you suffered physical injuries that required medical care, the driver may have to pay you back for these expenses. Additionally, if you had to be out of work in order to recover, you may receive retribution for this as well. The best way to know whether filing a lawsuit is an option for you, is to meet with a qualified attorney in your area.
What is my duty as a pedestrian?
In general, pedestrians do have the right of way, but must obey traffic laws too. Pedestrians must be reasonably careful when observing traffic conditions before crossing, and always use designated areas. Even if it is your turn to cross, it may be in your best interest to keep an eye out for reckless drivers anyways, to help prevent being involved in such an accident at all. If you were not in the crosswalk when you were hit, you may still have foundation for a lawsuit.
Do I need to hire an attorney?
While it is not required necessarily, it is often recommended that a victim of a pedestrian accident hires an attorney if he or she is interested in taking legal action. A pedestrian accident lawyer in Salt Lake City, UT understands the legal process and can offer guidance as the pedestrian files paperwork for the lawsuit. Also, an attorney can provide representation and fight for the victim’s behalf.
What are examples of recoverable damages?
Those who have suffered a pedestrian accident may be able to receive financial compensation. A victim may be eligible for some damages but not others, depending on what kind of losses the pedestrian faced. Examples of recoverable damages can include the following:
- Medical expenses (hospitalization, treatment, diagnostics, prescriptions, etc.)
- Lost wages for missing work due to recovery (appointments, surgery days, doctor appointments)
- Pain and suffering
- Mental anguish (newly developed anxiety, depression, PTSD)
- Funeral expenses
- Loss of companionship for surviving family (if pedestrian died due to accident)
- Punitive damages
Thanks to Rasmussen & Miner for their insight into personal injury claims and pedestrian injury accidents.
Posted on May 22, 2019 @ 9:32 pm