What to Do If You Are a Pedestrian That Was Struck by a Car
Walking around the city or through your neighborhood can be a pleasant way to get some exercise or run errands. But what if a peaceful stroll turns into a nightmare?
Being hit by a car is a traumatic experience, but there are things you can do afterward to recover peacefully AND get the justice and compensation you deserve. Curious? Slechter Law Firm Attorneys at Law has answers.
What to Do Immediately After Being Hit by a Car
What you do immediately after the accident is absolutely critical.
1. Make Sure You're Safe and Call for Help
The first thing any pedestrian should do after being hit by a car is to ensure their own safety. Move off the roadway, if possible, to prevent further injuries from other vehicles. Next, call 911 to request medical assistance and law enforcement.
2. See a Doctor
You should see a medical professional as soon as possible, even if you feel fine. Adrenaline can mask symptoms, so always err on the side of caution. Also, some injuries might not be immediately apparent but can cause long-term issues.
3. Gather Information
While waiting for emergency services, gather as much information as possible, including the driver's name, contact information, insurance details, and vehicle license plate number. If there are witnesses, collect their contact information as well.
4. Document the Scene
Take photos or videos of the accident scene, including your injuries, the vehicle involved, and any nearby traffic signs or signals. Visual evidence can be very important Also, note any details you remember about the incident, as memories fade over time.
5. Report the Accident
Inform your insurance company about the accident as soon as possible. Provide them with your medical reports and the information you have gathered. Stick to the facts and avoid speculating about fault. This can expedite your claim process and get you the support you need.
6. Note the Details
Write down everything you remember about the accident as soon as possible. Include the time, location, weather conditions, and any conversations with the driver or witnesses. These notes can be helpful when recounting the incident later.
7. Obtain a Police Report
When law enforcement arrives, make sure an official police report is filed. Request a copy of the police report for your records. It will contain important information about the incident and be essential for any legal proceedings or insurance claims.
Legal Steps
These steps will build a solid foundation for the legal process that follows, should you decide to claim compensation.
1. Contact a Personal Injury Attorney
An experienced attorney can protect your rights and guide you through the legal process. They can advise you on gathering evidence, negotiating with insurance companies, and on ways to get the maximum compensation. A personal injury attorney will also represent you in court if your case goes to trial.
2. File a Claim
Your attorney will assist you in filing a claim against the driver's insurance company. This includes gathering all necessary documentation, such as medical records, police reports, and witness statements, to support your case. They will also make sure all paperwork is submitted within the appropriate deadlines and handle communication with the insurance company on your behalf.
3. Potential Compensation
Compensation in pedestrian accidents can cover various damages, including medical expenses, lost wages, pain and suffering, and property damage. You may also be eligible for compensation for future medical treatments and rehabilitation costs, for long-term recovery and financial stability. Your attorney will help determine the appropriate amount based on the specifics of your case.
Pedestrian Rights and Laws in Kentucky
As a pedestrian in Kentucky, you are governed by certain laws and regulations that may be important if you file a personal injury claim after the accident.
Comparative Fault Rule
Kentucky follows a comparative fault rule. This means that if a pedestrian is found partially at fault for the accident, their compensation may be reduced by their percentage of fault.
Remember, even if a pedestrian is found to be partially at fault for the accident, they are not barred from seeking compensation. Compensation will be adjusted on the determined percentage of fault attributed to the pedestrian. For example, if a pedestrian is 20% at fault, they can still recover 80% of the damages.
Statute of Limitations
The statute of limitations for personal injury claims in Kentucky is generally one year from the date of the accident. Failure to file a claim within this timeframe can result in losing the right to pursue compensation altogether. Consult with a personal injury attorney as soon as possible to make sure you file within the legal deadlines.
Right of Way
In Kentucky, pedestrians have the right of way on crosswalks, whether marked or unmarked. Drivers are required to yield to pedestrians crossing the street at these designated areas. However, pedestrians are expected to exercise caution and avoid stepping out into the path of oncoming traffic. Doing so can impact the distribution of fault in case of an accident.
Ready to File a Claim? Speak With a Louisville Lawyer Today.
Mr. and Mrs. Slechter are highly respected trial lawyers in Kentucky. They provide individual, personalized representation, where clients work directly with them. They are a family-friendly law firm with a hands-on approach that ensures that you get the care and attention you deserve. If you or a loved one has been involved in a pedestrian accident in Louisville, Kentucky, or Lexington, reach out to the Slechter Law Firm, PLLC, for expert legal assistance.