Next Steps for Pedestrians Injured in a Car Crash
A driver who fails to yield the right of way can severely injure or kill an unsuspecting pedestrian. If you were hurt in a Birmingham car crash, Hare Wynn can help. Pedestrians injured by a negligent motorist may be able to seek compensation for lost wages, medical bills, and other injuries.
In this article, we explain what to do if you were injured in a pedestrian accident and how to get compensation.
What to Do After a Pedestrian Accident
If you’re hit by a car, take these steps to protect your health and your ability to recover compensation.
Call the Police
It’s important that the police come to review the scene. They will determine if a driver is under the influence of alcohol or drugs at the time of the wreck.
If the driver failed to stop, the police will use information from you and any witnesses to try to locate the hit-and-run driver. They will also prepare a police report that your Birmingham car accident attorney will need later on.
Document the name or names of any witness or witnesses present. The driver should stop as required by law. Get the driver’s insurance information, license number, and license plate number. You can even take a photo of the license plate if possible.
If the driver doesn’t stop, make notes of everything you know about the vehicle for the police. In either case, you should also make a record of the environment. Is there a walkway present? Is there a light?
Seek Medical Attention
You have to go to the hospital and get checked out. They’ll run the necessary tests to see if you have brain injuries or internal injuries. They can also provide medical documentation to prove that you were injured.
Call a Car Accident Lawyer
Your attorney will contact the insurance companies to make sure your claim is filed. They can also start gathering the evidence to prove your case so you can recover damages.
Proving Fault for a Pedestrian Accident
If you’re injured in a car crash as a pedestrian, your lawyer needs to prove the four elements of negligence to hold the driver liable.
Duty of Care
All drivers owe a duty of reasonable care to people around them whom their actions could affect. This includes follows traffic laws and yielding to pedestrians at crosswalks.
Breach of Duty of Care
If a driver acts in an unreasonable way that poses an unnecessary hazard to others, it may be considered a breach of this duty. A possible example of a breach is failing to yield to pedestrians at a crosswalk.
Your attorney needs to prove the accident and your injuries were a direct result of the defendant’s negligence.
The victim further must show that he or she sustained damages as a result of the collision for which he or she can be compensated. Examples of damages include financial costs like medical as well as non-tangible types of harm like pain and suffering.
What Damages Can I Claim as an Injured Pedestrian?
Most pedestrians hit by vehicles suffer serious injuries. If you are the victim of a pedestrian accident in Alabama, you may be entitled to compensation for the following damages.
You’re entitled to recover both current and future medical bills. You may require surgery and physical therapy. You may need long-term treatment. If this is the case, your lawyer will demand that you’re reimbursed for this.
Chances are, if you get hurt, you’ll miss time from work. You can submit timesheets to show how much time you’ve missed.
Pain and Suffering
These are a type of non-economic damages. You can’t prove pain and suffering with receipts. Your Alabama auto accident lawyer will have to prove that you experienced pain and suffering in order for you to recover.
Contact Hare Wynn Today
If you’re injured as a pedestrian in a car crash, you need to call the accident lawyers at Hare, Wynn, Newell & Newton right away. You only have two years to file your claim in Alabama. If you miss this deadline, your case will be barred forever.
Your attorney can deal with the insurance company on your behalf. They’ll try to get your claim settled for you. If they can’t, they will file a lawsuit on your behalf.
At Hare Wynn, we have recovered over 2 billion dollars on behalf of our clients. Contact us today at 800-568-5330. Your initial consultation is free and you pay nothing until we get compensation for you.