Imagine you’re crossing the street legally, at a crosswalk, when a pickup truck hits you and causes significant injuries. What would your legal options be?
Here is a quick overview of what you should consider when seeking monetary damages after a pedestrian accident.
Determine who was at fault
In the majority of cases, the driver would be considered at fault for a pedestrian accident. Motorists are required by state and federal laws to yield to pedestrians at marked crosswalks. In some states, even unmarked crosswalks and other similar areas are protected crossing areas for pedestrians. Drivers are also expected to obey all traffic signals. And even if the pedestrian was jaywalking, motorists are still expected to slow down or avoid them if there is reasonable space and time to do so.
If a driver hits a pedestrian while the driver is in violation of a traffic law, he or she is clearly responsible. But pedestrians may be considered responsible in certain situations, such as when attempting to cross areas in which they are not allowed to walk (e.g., a busy freeway or highway) or when darting out directly in front of a vehicle.
If you were hit by a car and the driver bears a majority of the blame for your injuries, we can handle the matter for you in accordance with state law. We will file a claim against the driver’s insurer and pursue the matter in civil court when warranted.
What happens in a hit-and-run?
In a situation in which the at-fault driver did not stop at the scene, the process suddenly become much more difficult. You should still report the incident to police and try to get as much information from potential witnesses as possible. The more information you get, the better chance you’ll have that you will be able to find the party in question.