Filing a Pedestrian Accident Claim: What You Need to Know

Each year, thousands of pedestrians are injured or killed in traffic accidents, highlighting the risks they face daily. If you’ve been involved in a pedestrian accident, understanding your rights and the steps involved in filing a claim is crucial to securing the compensation you deserve. This guide provides a comprehensive overview of what you need to know to navigate the claims process effectively.

Immediate Actions After a Pedestrian Accident

Your actions immediately following a pedestrian accident can significantly impact your ability to file a successful claim. Here’s what you should do:

Ensure Safety: The first priority is your safety and the safety of others involved. If possible, move to a safe location away from traffic to avoid further injuries.
Seek Medical Attention: Even if you don’t feel seriously injured, seek medical attention immediately. Some injuries, like internal bleeding or head trauma, may not be immediately apparent but can have severe consequences if left untreated. A medical evaluation also provides crucial documentation for your claim.
Report the Accident: Call 911 to report the accident. Provide the dispatcher with the location, the number of people involved, and any known injuries. Request a police officer to the scene so they can file an official report on the accident. The police report serves as an objective record of the incident and can be pivotal in establishing facts for your claim.
Gather Information: If you can, collect information from the driver, including their name, contact details, driver’s license number, and insurance information. Also, note the make, model, color, and license plate number of the vehicle involved. Get contact information from any witnesses at the scene, as their statements can be valuable evidence.
Document the Scene: Take photos and videos of the accident scene, including the location, vehicle damage, and your injuries. Documenting the scene yourself is equally important.
Notify Your Insurance Company: Inform your insurance company about the accident as soon as possible. Many policies have specific time limits for reporting accidents, and delaying this step could jeopardize your claim. Provide accurate and detailed information about the accident, including the date, time, and location, the parties involved, and a summary of the incident.

Establishing Fault and Liability

To file a pedestrian accident claim, you must establish that the other party was at fault for the incident. This means gathering evidence to demonstrate that the driver failed to exercise reasonable care, ultimately causing the collision and your injuries. Negligence plays an essential role in determining fault and liability, which can affect the outcome of the claim.

Common Causes of Pedestrian Accidents:

Distracted Driving: Drivers texting, talking on the phone, eating, or otherwise distracted are less likely to notice pedestrians.
Speeding: Exceeding the speed limit reduces a driver’s reaction time, making it harder to stop for pedestrians.
Failure to Yield: Drivers failing to yield the right of way to pedestrians at crosswalks or intersections.
Impaired Driving: Driving under the influence of alcohol or drugs impairs judgment and coordination, increasing the risk of accidents.
Poor Visibility: Low visibility due to weather conditions, dark clothing, or inadequate lighting can make it difficult for drivers to see pedestrians.
Jaywalking: Pedestrians crossing outside of designated crosswalks or ignoring traffic signals.
Left-Hand Turns: Drivers making left-hand turns often focus on oncoming traffic and may fail to see pedestrians in the crosswalk.
Neglecting Road Conditions: Poor road maintenance, such as potholes or uneven surfaces, can contribute to accidents.
Lack of Awareness: Accidents can occur when neither the driver nor the pedestrian is paying enough attention to their surroundings.

Evidence Needed to Prove Fault:

Police report
Witness statements
Photos and videos of the accident scene
Medical records
Surveillance footage

Filing a Pedestrian Accident Claim

Navigating a pedestrian accident claim involves several crucial steps:

Notify the At-Fault Driver’s Insurance Company: Inform the responsible driver’s insurance company about your plan to pursue compensation. This initial notification should be made promptly after the incident to ensure that the statute of limitations does not expire.
Gather Necessary Documentation: The success of a pedestrian accident claim often hinges on the quality of the documentation. Medical records, police reports, witness statements, and photographic evidence are critical.
Submit the Claim: Compile all necessary documentation, including medical records, accident reports, witness statements, expert testimonies, and evidence of damages. Draft a demand letter to the at-fault party’s insurance company. This letter should outline the details of the accident, the injuries sustained, and the damages incurred. Clearly state the amount of compensation you are seeking.
Negotiate a Settlement: After you file a pedestrian accident claim, the insurance company will assign an insurance adjuster to handle your case. The adjuster’s job is to investigate the accident and determine how much the company should pay. The claim adjuster is likely to review police reports, speak with witnesses, and examine medical records.
File a Lawsuit (If Necessary): If negotiations do not yield a satisfactory outcome, you may choose to proceed with court litigation to seek fair compensation.

Types of Damages You May Be Entitled To

In a pedestrian accident claim, the injured pedestrian can claim damages for:

Medical Expenses: Compensation for all medical bills incurred due to the accident, including hospital stays, doctor’s visits, prescription medications, physical therapy, and future medical care.
Lost Wages: Reimbursement for past and future lost income due to the inability to work because of the injuries sustained in the accident.
Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident and injuries.
Emotional Distress: Compensation for the emotional and psychological trauma resulting from the accident.
Property Damage: Compensation for any personal property damaged in the accident, such as clothing, glasses, or other personal items.
Punitive Damages: In some cases, if the driver’s conduct was particularly egregious (e.g., driving under the influence), punitive damages may be awarded to punish the driver and deter similar behavior in the future.
Loss of Enjoyment of Life: Damages for the inability to participate in activities and hobbies you once enjoyed due to your injuries.

Statute of Limitations

Each state has a statute of limitations that sets a deadline for filing a lawsuit after an accident. In many states, the statute of limitations for personal injury claims, including pedestrian accidents, is typically two to three years from the date of the accident.

California: Two years from the date of the accident.
Arizona: Two years from the date of the accident. Claims against government entities must be filed within 180 days from the date of the accident, and the lawsuit must be initiated within one year.
Washington State: Three years from the date of the accident.
North Carolina: Three years from the date of the accident. For wrongful death claims, the statute of limitations is two years from the date of death.
Tennessee: One year from the date of the accident.

There are some exceptions to this rule, such as cases involving minors. In many states, if the victim is a minor, the statute of limitations does not begin until the child turns 18.

The Importance of Legal Representation

Navigating the complexities of a pedestrian accident claim can be challenging, especially while recovering from injuries. An experienced personal injury attorney can provide invaluable assistance by:

Investigating the accident thoroughly
Gathering and preserving evidence
Negotiating with insurance companies
Filing a lawsuit if necessary
Representing you in court

Finding the Right Pedestrian Accident Attorney

Finding the right attorney requires careful evaluation of their overall experience and approach to handling cases like yours. To ensure you make an informed choice, focus on these essential qualities first and foremost:

Specialization in Personal Injury Law: Seek an attorney who has proven experience in personal injury cases, particularly pedestrian accidents.
Track Record of Success: Review the attorney’s case history. A proven record of favorable settlements and verdicts in pedestrian accident cases is a strong indicator of their capability.
Client Reviews and Testimonials: Check online reviews, client testimonials, and ratings on legal platforms. Feedback from former clients can provide insights into the attorney’s professionalism, communication, and success rate.
Accessibility and Communication: Choose an attorney who is responsive and keeps you informed throughout the case. During your initial consultation, gauge their willingness to answer questions and explain the legal process.

By understanding the steps involved in filing a pedestrian accident claim and seeking the guidance of an experienced attorney, you can protect your rights and pursue the compensation you deserve.