Pedestrian accidents occur every day. These are accidents where a driver hits a person or sideswipes a person crossing the street or standing on the sidewalk. If you have been injured in a pedestrian accident, then you have legal rights. You can win financial compensation for your injuries if you act fast. Taking legal action after a pedestrian accident involves a few steps.
Show the Driver Was At Fault
Your first task is going to be showing that the driver was at fault. Pedestrian accidents can be very complex. You will need to find evidence that proves the driver was negligent. The accident might have occurred because the driver was talking on a cell phone, was distracted by someone else in the vehicle or was intoxicated. The accident might have been because of the actions of more than one driver. A pedestrian accident lawyer can gather witnesses, camera footage and other pieces of evidence that will help to prove your case.
Prove You Exercised Duty of Care
If you want to file a claim for financial compensation, then you will need to show that you exercised a proper duty of care. This means that you did not do something that contributed to the accident. Exercising duty of care means that you did not run into oncoming traffic, ignore traffic lights or cross outside of the marked crosswalks. A pedestrian accident lawyer can look for witnesses or other evidence that show you were obeying the law before the accident occurred. This can make your case much stronger.
Demand Financial Compensation
The main goal of taking legal action after a pedestrian accident is to demand financial compensation. The injuries that you sustained can cost you a significant amount of money. You will have to pay medical bills both now and in the future in order to recover. You might not be able to work and collect your regular income. Your injuries could be preventing you from enjoying your life normally. They might even be causing your excruciating pain. You should find a good pedestrian accident lawyer to help you pursue fair compensation for all your financial losses.
Attempt To Reach a Settlement
Insurance companies and drivers often want to avoid going through a long trial. Taking legal action usually, involves attempting to reach a settlement before a trial begins. Insurance companies are always looking to minimize payments. You need an experienced attorney in order to avoid offers that seem fair but that are actually skewed heavily towards the insurance company. A lawyer can negotiate aggressively with the insurer to potentially get you the highest amount of compensation possible.
Litigate In Front Of a Judge or Jury
Some pedestrian accident injury cases do proceed to a full trial. You will have to prove your case and refute the allegations of the opposing parties during a trial. You should find the right pedestrian accident lawyer early so that you can go to trial right away if necessary. An attorney can help you to build a case with witnesses and expert testimony. The attorney can fend off frivolous motions and allegations from the opposing lawyers. Your best chance of receiving compensation after a pedestrian accident is to contact a lawyer right away.