Being struck by a vehicle as a pedestrian is a frightening and life-altering event. In an instant, you could suffer severe injuries, emotional trauma, and financial burdens that last for years. Whether you were crossing at a crosswalk, walking on the sidewalk, or simply near a roadway, the consequences of a pedestrian accident can be overwhelming. Unfortunately, these incidents are all too common, with thousands of people injured or killed in pedestrian accidents each year.
If you or a loved one has been hit by a car, you may be wondering what to do next. How will you cover medical expenses? Who is responsible for the accident? Can you file a lawsuit for damages? Understanding your legal rights and options is critical to ensuring that you receive the compensation and justice you deserve.
In this guide, we will walk you through everything you need to know about pedestrian accidents, from what to do immediately after an accident to the legal process involved in seeking compensation. We will also address common misconceptions, answer frequently asked questions, and discuss how experienced car accident lawyers can help you navigate this difficult time.
The Scope of the Problem
According to the National Highway Traffic Safety Administration (NHTSA), nearly 7,500 pedestrians were killed in traffic crashes in the United States in 2021, marking a significant increase from previous years. Many more suffer severe injuries, including broken bones, spinal injuries, and traumatic brain injuries.
Pedestrian accidents can occur in various settings, including:
Several factors contribute to pedestrian accidents, including:
1. Seek Medical Attention Immediately
Even if you feel fine, seek medical evaluation. Some injuries, like concussions or internal bleeding, may not show immediate symptoms.
2. Call the Police
A police report is critical for documenting the incident and serves as valuable evidence when filing a claim.
3. Gather Evidence
If possible, collect:
4. Avoid Discussing Fault
Do not admit fault at the scene. Let the investigation determine liability.
5. Contact a Car Accident Attorney
An experienced attorney can help you navigate insurance claims and legal proceedings to secure compensation.
Who is Liable in a Pedestrian Accident?
Determining liability depends on various factors, such as traffic laws and the actions of both the driver and pedestrian. Negligence attorneys near me can analyze case specifics to determine fault.
Victims may be entitled to compensation for:
Hit-and-run cases are complex, but car accident attorneys in Omaha, Nebraska can help victims seek compensation through uninsured motorist coverage or legal claims.
1. Pedestrians Always Have the Right of Way
While drivers are expected to yield, pedestrians must also follow traffic laws.
2. Only Serious Injuries Qualify for Compensation
Even minor injuries can result in medical expenses and lost wages, making legal action worthwhile.
3. You Can Handle Claims Without a Lawyer
Insurance companies often undervalue claims. Having automobile accident attorneys near me ensures you receive fair compensation.
Q1: What should I do immediately after being hit by a car?
A: The most important steps to take after a pedestrian accident include:
Q2: Who is legally responsible for a pedestrian accident?
A: Liability depends on multiple factors, such as whether the driver was speeding, distracted, or failed to yield. In some cases, the pedestrian’s actions (e.g., jaywalking) may also be considered. A car accident law firm near me can analyze your case to determine who is at fault.
Q3: Can I still get compensation if I was partially at fault?
A: Yes, in many states, you can still recover damages even if you were partially at fault. The compensation may be reduced based on your percentage of fault. A motor vehicle accident attorney near me can explain how comparative negligence laws apply in your state.
Q4: What types of compensation can I receive?
A: Pedestrian accident victims may be entitled to:
Q5: What if the driver fled the scene?
A: If you were injured in a hit-and-run accident, you may still be able to receive compensation through your uninsured motorist coverage. Auto accident attorneys in Omaha, Nebraska can help you explore your legal options.
Q6: How long do I have to file a claim?
A: The statute of limitations varies by state. In Nebraska, for example, victims generally have four years to file a personal injury claim. Consulting with Nebraska car accident lawyers can ensure you meet all deadlines.
Q7: How much does it cost to hire a pedestrian accident attorney?
A: Most personal injury law firms in Omaha work on a contingency fee basis, meaning you don’t pay unless they win your case.
At Inkelaar Law, we specialize in representing victims of pedestrian accidents. Our experienced Omaha auto accident lawyers understand the complexities of motor vehicle accident claims and are dedicated to securing maximum compensation for our clients. With a deep understanding of Nebraska personal injury law, our firm has successfully handled cases involving:
If you or a loved one has been involved in a pedestrian accident, don’t navigate the legal system alone. Contact Inkelaar Law for a free consultation to discuss your case with the best car accident attorneys near me. We are here to fight for your rights and help you secure the justice you deserve.
Disclaimer: The information contained in this article is for general educational purposes only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. For specific legal advice, please consult with an attorney who is qualified to handle your case.
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