Pedestrian Hit by A Car: What To Do After a Pedestrian Accident
Table of Contents
When a pedestrian is hit by a car, the aftermath can be devastating. From serious injuries and medical bills to disputes with insurance companies, it’s easy to feel overwhelmed and unsure of what to do next. If you or someone you love has been struck by a vehicle, contact Allbee Law Firm today for a free consultation. Our experienced personal injury lawyers can explain your legal rights, handle the insurance companies, and fight to recover the compensation you deserve.
What Should You Do Immediately After Being Hit by a Car?
Prioritize Safety and Emergency Medical Treatment
If you are a pedestrian hit by a car, your first priority is safety. Move out of the roadway if possible and call 911 for emergency medical treatment. Even if you think you’re fine, it’s crucial to visit the emergency room. Some serious injuries take hours or even days to become noticeable. Prompt medical attention helps protect your health and creates documentation that strengthens your injury claim.
Gather Evidence at the Scene
If possible, exchange information with the motorist, including their name, driver’s license number, insurance company, and contact details. Take photos of the scene, nearby crosswalks, traffic signals, and vehicle damage. If witnesses saw the collision, get their names and contact information as well. These details help your personal injury attorney determine what happened and build a strong accident case.
Avoid Admitting Fault
Do not argue about who caused the accident. Even apologizing can be twisted into an admission of fault. Let your pedestrian accident attorney handle communication with insurance companies and law enforcement. Their job is to protect your legal rights while you focus on recovery.
Who Is at Fault in a Pedestrian Accident Case?
Understanding Fault in a Collision
Determining fault in a pedestrian accident case depends on the facts. Motorists must yield to pedestrians in crosswalks and exercise due care under Texas law. Pedestrians also have a duty to follow the rules of the road, obey traffic signals, and stay alert while crossing the street.
Comparative Negligence and Shared Responsibility
Sometimes, both parties share responsibility. If a driver was speeding or distracted, they are likely at fault. But if a pedestrian crossed outside a crosswalk or against a traffic signal, they may be partially at fault. Texas follows a modified comparative negligence rule, which means an injured pedestrian’s recovery can be reduced if they contributed to the accident.
Proving Fault in a Pedestrian Accident Case
Our experienced Dallas personal injury lawyers will analyze police reports, witness statements, and crash data to determine fault in a collision. This evidence is crucial for establishing who caused the accident and whether the motorist failed to yield the right of way or otherwise violated traffic laws.
How Do Insurance Companies Handle Pedestrian Car Accidents?
How Insurance Companies Evaluate Pedestrian Claims
Insurance companies don’t always act reasonably after a pedestrian accident. The driver’s insurance company often tries to minimize your injuries or shift blame to reduce payout. Their goal is to protect profits, not to help you.
Why You Shouldn’t Speak to Adjusters Without Legal Help
When you file a claim, insurance adjusters may ask for recorded statements. Be cautious. Anything you say can be used to limit or deny your claim. Personal injury lawyers know how insurance companies operate and can protect you from tactics that devalue your case.
When To File a Lawsuit for Fair Compensation
If negotiations stall or the insurer refuses to offer a fair settlement, your pedestrian accident attorney can file a personal injury lawsuit against the at-fault driver. This legal action can help you recover compensation for medical expenses, lost wages, and pain and suffering.
What If a Pedestrian Is Hit by a Vehicle While Crossing the Street?
When a Pedestrian Has the Right-of-Way
Crossing the street should be a safe experience, but pedestrian accidents still occur daily in intersections, parking lots, and on busy roads. According to the National Highway Traffic Safety Administration (NHTSA), thousands of pedestrians were killed nationwide last year, many while using crosswalks.
How Driver Negligence Causes Collisions
If a pedestrian is crossing the road lawfully and a motorist fails to yield to pedestrians, the driver could be liable for the collision. A pedestrian may be distracted or cross against the signal, but most fatal pedestrian accidents occur because drivers fail to notice pedestrians or disregard right-of-way laws.
How Attorneys Prove Liability
Your Dallas pedestrian accident attorney will gather surveillance video, accident reconstruction data, and witness statements to prove negligence. By showing how the motorist failed to exercise due care, your attorney can establish fault and help you pursue full compensation for your injuries.
What Types of Compensation Can an Injured Pedestrian Seek?
Economic Damages After a Pedestrian Accident
Pedestrians injured in car accidents may be eligible to recover compensation for medical bills, lost wages, and rehabilitation expenses. If ongoing medical treatment is needed, future medical costs can also be included in your claim.
Punitive and Wrongful Death Damages
When a reckless or intoxicated driver causes a pedestrian accident, punitive damages may be available. In a fatal pedestrian case, surviving family members may file a wrongful death lawsuit to recover funeral costs, lost companionship, and emotional suffering.
Calculating the Value of Your Damages
A personal injury lawyer will calculate the full value of your damages, including both financial and non-financial losses. This ensures you receive fair compensation for your injuries and pain, even when insurance companies don’t offer what you truly deserve.
How Can a Personal Injury Lawyer Help After a Pedestrian Accident?
Investigating the Accident Case
Your pedestrian injury attorney will conduct a thorough investigation, gathering police reports, photographs, and witness statements to support your case. They’ll also review the driver’s cell phone records, vehicle data, and any available footage from traffic signals.
Building a Strong Legal Strategy
At Allbee Law Firm, our personal injury lawyers understand the devastating impact that a pedestrian vs. motor vehicle collision can have. We handle every aspect of your case, from filing paperwork to negotiating with insurers so that you can focus on your recovery.
Holding Negligent Drivers Accountable
We ensure the motorist who caused the accident is held responsible. Whether you were hit while using a crosswalk or crossing the roadway, we fight for the compensation you’re entitled to under Texas law.
What Common Mistakes Should Pedestrians Avoid After a Collision?
Failing To Seek Medical Attention
Never leave the scene without calling for emergency medical care. Documentation from hospitals or emergency medical treatment helps prove that your injuries were a direct result of the collision.
Speaking With Insurance Companies Too Soon
Don’t give recorded statements before consulting your lawyer. Insurance companies often use those statements to minimize your claim or deny liability altogether.
Posting About the Accident Online
Avoid sharing details or photos of the accident on social media. Insurance companies and defense attorneys review posts to find anything that undermines your claim, even innocent comments about “feeling better.”
What Are the Most Common Causes of Pedestrian Accidents?
Driver Negligence and Recklessness
Most pedestrian accidents are caused by driver negligence. Common causes include distracted driving, speeding, running red lights, and failing to yield the right of way to pedestrians in crosswalks.
Pedestrian Contributing Factors
In some cases, pedestrians contribute to the problem by crossing mid-block, walking while impaired, or being distracted by mobile devices. However, motorists are often at fault because they are expected to exercise due care to prevent collisions.
National Data and Safety Trends
The NHTSA reports that pedestrian injuries and deaths often occur in poorly lit areas or when pedestrians walk facing traffic outside designated crosswalks. Understanding these trends helps pedestrians and drivers prevent future tragedies and keep pedestrians safe.
What Should You Expect During a Pedestrian Accident Claim?
Investigating the Accident and Gathering Evidence
Your personal injury lawyer will investigate the accident thoroughly. They’ll review police reports, visit the scene, and collect witness statements to strengthen your case.
Proving Negligence and Liability
To win compensation, your attorney must prove that the motorist failed to exercise due care and that this negligence caused your injuries. Evidence such as vehicle data, skid marks, and traffic signal timing can all support your case.
Recovering Fair Compensation for Your Losses
A skilled attorney will negotiate aggressively with the driver’s insurance company. If the insurer refuses a fair settlement, your lawyer can file a lawsuit and take the case to trial to recover the full value of your damages.
How Can Pedestrians Stay Safe and Prevent Future Accidents?
Pedestrian Safety Best Practices
Always use crosswalks, obey traffic signals, and look both ways before crossing the street. When possible, walk facing traffic and wear bright or reflective clothing at night.
Driver Responsibility and Duty of Care
Motorists must yield to pedestrians, follow all traffic safety laws, and remain alert near intersections and schools. Following these rules of the road helps prevent injuries and deaths.
Ongoing Efforts To Keep Pedestrians Safe
The National Highway Traffic Safety Administration emphasizes education and enforcement to reduce pedestrian fatalities. Both pedestrians and drivers must take responsibility to keep Texas roadways safe.
Protect Your Rights After a Pedestrian Accident
Being hit by a car can change your life in an instant. Between medical expenses, lost income, and long-term pain, recovery is a challenge, but you don’t have to face it alone.
Allbee Law Firm’s personal injury lawyers have the experience and dedication needed to help you pursue compensation for your injuries. If you or someone you love has been injured in a pedestrian-vehicle accident, contact Allbee Law Firm at (972) 848-4848 for a free consultation. You pay nothing unless we win your case.