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What to Do as a Pedestrian Hit by an Automobile?

by The Law Offices of Samuel Fishman The Law Offices of Samuel Fishman
Car accidents are prevalent in the United States. What you should do after a car accident may differ depending on the type of accident you have been involved in. It is useful to understand what to do in different scenarios. If you are involved in an auto accident as a pedestrian, the primary concern should initially be your physical damage. Even the healthiest of individuals can be severely injured when hit by a motor vehicle. In addition to physical injuries, you are likely to encounter monetary loss and property damage, as well as pain and emotional suffering.

● Claim for the Coverage:

Regardless of whether there is a dispute as to who caused the accident, you should file an insurance claim under the drivers or your own policy. The police, lawyers, and court system will help to determine fault if there is a dispute but your first stop should still be insurance. When you get hit by a car as a pedestrian, your primary legal claim will be against the car’s driver but you may also have a legal action against the municipality if the road was unsafe.

● First Step After an Accident as a Pedestrian:

If you have been hit by a car, the accident should be  reported to the police. If possible, you should attempt to collect as much evidence at the scene of the accident as possible. You can take pictures of the damage, location of the accident, surrounding environment, traffic signs, and anything else relevant to the accident. Speak with the driver and take their contact information, such as their names, drivers license number, insurance information, address and phone number.  It is also helpful to speak with witnesses who were there and are willing to help you. Take their names and contact information. Lastly, call your insurance company.

● Medical Treatments: 

The situation may become worse after the accident. You might have received severe injuries that need medical attention. Call an ambulance immediately and make sure you get to an emergency room. Contact someone who can be with you at that hospital.  Even if the injuries are not severe, seek medical attention. You may choose to see a primary care provider if you can do so without waiting.  You might ask why it is essential to seek medical help immediately after an Car Accident in Philadelphia. For one thing, it can be difficult to convince a jury or insurance adjuster of the severity of your injuries if you did not require immediate medical assistance.  More importantly, however, is your health and long term well-being. Not all injuries present themselves immediately following a trauma like being hit by a car. Only proper medical evaluation can determine the extent of anything internal that might be harmed. You will need documentation of all your medical treatment to prove damages.

● Medical Bills:
 
State liability laws will sometimes determine how insurance coverage applies to your particular circumstances. This will depend on which of the United States you live in. There are two categories of applying liability, one is a no-fault state, and another is an at-fault state.

❏ No-Fault State:  If you live in a no-fault state, the driver’s insurance company must pay for your claims. The insurer may cover a few or all of your medical expenses related to the accident.

❏ At-Fault State:  If you are from an at-fault state, your insurance company will pay for expenses. That will be only possible if you had insurance at the time of the injury.  If you did not, you may be forced to pay out of pocket and seek other remedies.
 
When Can You Sue the Driver? 

Where you are on the road at the time of the accident will not necessarily determine who is liable for the accident. Usually, a driver is found to be at fault when hitting a pedestrian, but not always.  In the United States, state laws impose strict traffic rules that require drivers to maintain caution while driving. Drivers are expected to pay close attention to the road and its surroundings, to include things like traffic congestion and road hazards. Drivers are expected to watch carefully for pedestrians at all times.  If a driver hits you while using a crosswalk, more often than not the driver will be found to be at fault. Other areas of the street other than the sidewalk may not be so clear. For example, jaywalking is not legal in most states. Pedestrians also have a responsibility to remain vigilant when on the road or sidewalks. Not all motor vehicle accidents involving pedestrians will be the driver’s fault.

When to Make a Claim Against a Local Municipality? 

Street layouts often play a part in car accidents involving pedestrians. Traffic lights can also contribute to accidents where the local municipality fails to repair or properly maintain its traffic lights. It is the responsibility of the local municipality to properly maintain its roads, lights, and traffic signs so that no one gets hurt. Misplaced crosswalks are another reason for chaos among pedestrians and vehicles on the roads and streets.

You can learn more about Government Responsibility to Maintain Roads at this link. You can also consult a Pedestrian Accident Attorney at The Law Offices of Samuel Fishman if you want to file a claim. We will undergo a thorough investigation of the accident and answer any questions regarding pedestrian accidents.


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About The Law Offices of Samuel Fishman Junior   The Law Offices of Samuel Fishman

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Created on Mar 2nd 2021 23:28. Viewed 174 times.

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