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Can an Injured Pedestrian File a Claim Against the Negligent Driver?

Being involved in an automobile accident can be one of the most traumatizing experiences a person ever endures. With that being said, if you get into an accident, it’s important to understand what happens next to avoid making mistakes at the scene. This article will discuss how fault is determined, what you should do if you’re a pedestrian involved in an accident, and what you can do to avoid this situation in the future. 

Who will be held liable?

If a pedestrian is struck by a car while crossing the street, then there should definitely be a claim filed against the driver if the driver was in any way at fault. Since car accident laws vary according to state, it’s important to contact a local lawyer that’s familiar with the state law. So, if you are in Florida, it’s best to contact Jacksonville or Spring Hill personal injury attorneys that will guide you through the process of filing a claim. There are a few factors that will be considered when determining who will be held liable for the accident, and they are as follows: 

  • Weather conditions
  • Driving under the influence
  • Distracted driving
  • Running a red light or stop sign
  • Speeding
  • Whether or not the pedestrian had the walk signal or not
  • Jaywalking 
  • Turning left without looking for pedestrians

Regardless of whether or not you think the driver was at fault, it is imperative to hire a lawyer to stand by you during the process. The last thing you want to happen is to think you don’t need a lawyer and then realize after it’s too late that the other party is pressing charges and you don’t have any legal help. 

What should I do if I’m involved in an accident?

A pedestrian is hit by a driver every hour and a half. The statistics are startling, but it helps to know what to do if you find yourself as a victim of a negligent driver. Here’s what to do.

  • Call 911

Don’t waste any time before dialing 911. You will need paramedics to check you for serious injuries and a police officer to mitigate. Don’t allow the other driver to convince you to leave the police out of it—-this should be a red flag. Call 911 immediately. 
What should I do if I’m involved in an accident?

  • Call a lawyer

It’s best if you can get a lawyer on the scene because a legal expert knows what evidence will be needed if you go to court. It will also help the lawyer defend you and argue who is at fault later. As aforementioned, a lawyer should be hired as soon as possible to ensure that the right person is held responsible. 

  • Stay Calm

Emotions might be running high after an accident, especially if it’s obvious that the driver was being negligent. But it’s crucial that you stay calm in order to avoid making the situation worse. It’s actually best if you don’t speak to the driver at all outside of asking for their information, and just wait for the police to arrive. 

  • Make sure the driver doesn’t leave

If you can, try to make sure the other driver doesn’t leave until after the police permit it. There is vital information that needs to be gathered by you, the police, and your lawyer. If the driver leaves, they are leaving with valuable information and evidence. So, without being too forceful or overbearing, try to make sure they don’t leave. 

  • Get the driver’s information

This is one of the most important things to remember in the case of an accident. You have no idea if they’re going to wait for the police or not, so make sure you get their full name, phone number, and tag number before they can speed away.

  • Take a lot of pictures

Take as many pictures as you can. They could help you in court later. If your lawyer is present, they will know exactly what to take pictures of. But in the case that you don’t have a lawyer present, make sure to take pictures of everything you think might be helpful. 

How can I avoid this in the future? 

If you walk often, then make sure you abide by a few guidelines to ensure your safety:

  • Notify family or friends of where you’re going and when you should be home
  • Wear reflective clothing
  • Keep your cellphone with you
  • Take the safest route

By sticking to these safety precautions, you can lower your chances of becoming another statistic. 
It’s not guaranteed that you will be able to prove that the driver was at fault, but unless you hire a lawyer and go through the proper legal channels, you won’t know. An injury from an accident can severely affect the quality of your life. Make sure you take steps to ensure that you will be taken care of after the fact.

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