Pedestrian accidents, involving a automobile, occur when a person is struck by a moving vehicle. Unfortunately, these types of accidents happen more often than we would like to imagine. Auto pedestrian accidents can be a traumatizing event and in many cases lead to severe personal injuries.
If you’ve been involved in a pedestrian-related accident and are the victim, it’s important to know that you can recover damages if the incident occurred due to someone else’s negligence. However, don’t wait on making a car accident claim for your injuries. According to the statutes of limitations, time is of the essence and it’s best to make your claim as soon as possible.
I’ve been hit by a car: what do I do now?
It’s no surprise that getting hit by a car can be a life changing event with a sometimes, tragic outcome. Below, we list a few tips to follow after being hit by a car.
1. Practice safety first
You need to get out of harm’s way immediately; getting yourself to a safe location should be prioritized. If you have been severely hurt, ask for assistance from a nearby driver or witness.
2. Call the police as soon as possible
If you’ve been injured in an accident, Police will arrive to the scene quickly. Not only can they assist you with getting the proper treatment, but they are best equipped to handle your accident. You should be aware that authorities will take statements from both the driver and the pedestrian, in addition to any witnesses at the scene.
3. Exchange insurance information and call a pedestrian accident attorney and your
insurance company
In order to get the compensation you’d like to receive, you need to take the proper steps in order to qualify for it. When contacting your insurance company, ask to have a representative come to the scene to assess the accident and police report. If you have health insurance in addition to auto insurance, you may want to contact each other’s insurance companies.
If you’re in the Tampa area and need a pedestrian accident attorney, call Attorney Dan Zohar.
Who is at Fault?
The law of negligence will determine who is at fault for your case. Whoever failed to exercise the standard Duty of Care is likely to be at fault for the accident.
Pedestrian’s Duty of Care
Failing to exercise the Pedestrian Duty of Care could leave the individual at fault. Below, we list a few examples of what is assessed as contributory negligence:
● J-walking or crossing the street in an unmarked area
● Crossing in a marked area without the proper walk signal
● Suddenly moving in front of a vehicle
Driver’s Duty of Care
For drivers, failure to act upon the Driver’s Duty of Care can result in negligence. Below are a few examples of what would be considered negligent from the driver’s point of view:
● Texting while you are driving
● Speeding
● Failing to yield to pedestrians that have the right-of-way
● Failing to obey traffic signs or signals
● Driving under the influence of drugs or alcohol
According to NHTSA children between the ages of 5-9 have the highest odds of getting hit by a car. Drivers must be cautious of children when operating a vehicle.
Why hire Attorney Dan Zohar for your case?
When you are involved in a pedestrian accident, the legal requirements are often overwhelming and confusing. If you have sustained injuries, medical bills have to be submitted to the insurance company and processed for payment; if you lost wages, certain documents have to be submitted to the insurance company so that they can pay your wage loss claim, and there are certain legal requirements that have to be met in order for you to receive a monetary recovery for your pain and suffering.
Keep in mind that one of the primary objectives of the at-fault party’s insurance company is to minimize the loss to the insurance company. Though unfair, many insurance companies want to pay you the least amount of money they can get away with paying. Attorney Zohar can help you and your family with the difficult and confusing process of dealing with the insurance companies.