Pedestrian accident cases can be complex, and the stakes are high. Injuries from these accidents can be severe and life-altering, resulting in substantial medical bills, lost income, and long-term physical and emotional suffering. Insurance companies are known to employ tactics to minimize their liability and pay as little as possible. Without proper legal representation, you may be at a significant disadvantage when negotiating a settlement or fighting for your rights in court.
If a driver has caused you to suffer an injury in a pedestrian accident, they may have to pay you compensation if their actions were to blame for your injuries. While this sounds simple in theory, the practice is almost always far more complex. Insurance companies stand between you and total financial compensation and will always make you work for it. However, you do not have to view the insurance company as the ultimate decision-maker in your case. Since you are the one who has suffered an injury by someone else’s negligence, you are also the one who has the legal right to a settlement check or jury award. How you choose to pursue the money is entirely up to you.
The first thing in your control is whether and when you seek legal help in your case. Hiring a pedestrian accident attorney is best because attorneys can obtain better financial results for their clients than an accident victim can receive on their own. They are well-versed in the applicable laws and regulations surrounding pedestrian accidents and can provide guidance throughout the entire legal process. From gathering evidence, interviewing witnesses, negotiating with insurance companies, and representing you in court, a skilled attorney is your best advocate. The time to hire a pedestrian accident lawyer is now because too much can happen in the interim to take the risk of delaying this call. It does not cost you any money upfront to get the legal assistance you need in your case.
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How You May Obtain Compensation for a Pedestrian Accident
There are two potential pathways to financial compensation if you have suffered an injury in a pedestrian accident:
- You can file a claim against the responsible driver’s car insurance coverage and go through the informal claims process.
- You can file a lawsuit in court against the responsible driver, and a jury can decide who was responsible and award damages if they find that the driver was liable.
You will likely file a claim against the responsible driver’s insurance policy. The basis of your claim is that the driver was negligent, and they caused your injuries.
Hire a Pedestrian Accident Attorney to Represent You in the Legal Process
The first step in the process is to contact an experienced pedestrian accident attorney. You need legal representation from a professional to give you the best chance of success. Insurance companies do not respect individual claimants because they know they can take advantage of them in the claims process.
You will schedule a free initial consultation with a pedestrian accident lawyer to discuss your case. They will ask more about what happened and likely ask you questions about the facts of the accident. In turn, you will also have questions about your legal rights and how you will seek and obtain financial compensation. Your pedestrian accident lawyer will explain the legal process to you and give you a sense of the possible path forward in your case.
Your Pedestrian Accident Lawyer Needs to Prepare Before Filing a Claim
There is quite a bit of preparation that your pedestrian accident lawyer will need to do before you can file a claim. After all, your claim is evidence to persuade insurance companies that they need to pay you. Before they are willing to write a check, they must accept that they have a potential legal liability. Insurance companies only assume liability if they see that their policyholder was negligent.
Your pedestrian accident lawyer will work to obtain evidence that can prove your case, and you need to carry your burden of proof before you become eligible for financial compensation. You must prove your claims by a preponderance of the evidence and show that what you are alleging is more likely than not to have occurred.
Your pedestrian accident attorney may use the following sources of evidence to prove your claim:
- Eyewitness testimony from people who saw your pedestrian accident
- Photos from the scene of your accident (if you were unable to take or collect pictures at the time of the incident, your lawyer can come to the scene afterward to take photos and get a general sense of the conditions)
- Video or dashcam footage of the accident
- Testimony from an accident reconstruction expert who uses principles of math and physics to reach a conclusion about who caused the accident
- The police report which can persuade the insurance company of liability for the accident
Negligence in a Pedestrian Accident
Again, you aim to show that the driver was negligent in the accident. Examples of negligence in a pedestrian accident may include:
- Running a stop sign
- Not knowing that traffic laws require a driver to stop and yield when a pedestrian enters the crosswalk
- Failure to see a pedestrian because the driver was on their phone and looking down at the time of the accident
- Striking a pedestrian because the motorist was driving aggressively
Before approaching the insurance company, you must also know the full extent of your damages and prepare to prove them. Insurance companies will likely take their own view of how much you are due in financial compensation because it is in their self-interest to do so. Your pedestrian accident attorney will devise a number to seek that reflects the damages you have suffered. Since you have likely suffered a severe injury, your damages may be much higher than in other personal injury cases.
How the Insurance Claims Process Works for a Pedestrian Accident
The driver’s insurance company will review your pedestrian accident claim; you can expect it to take time to respond. Insurance companies think that the calendar is their friend in the claims process. They know that you are up against a statute of limitations and that you are likely in some amount of financial distress on account of your injuries and being unable to work.
Then, the insurance company’s initial settlement offer (should it choose to make one) will be for a small fraction of what you deserve. Insurance companies almost operate this way because they are trying to gain the upper hand in the negotiation process.
You Can Negotiate with the Driver’s Insurance Company
Do not lose sight of the fact that total financial compensation is your absolute legal right when you have evidence that establishes the driver’s negligence. You are under no obligation to accept what the insurance company offers you, especially when it is for less than the amount you deserve. If the insurance company makes you an offer that does not fully pay you, there is no other choice than to reject it. You can then decide whether it makes sense to continue the negotiation process. In many cases, your pedestrian accident lawyer can successfully negotiate full compensation with insurance companies by helping you hold out for what you deserve and putting pressure on them legally.
Filing a Lawsuit for a Pedestrian Accident Injury
Your legal options after a pedestrian accident also include taking your case to court by filing a lawsuit. Most often, you will not start the legal process off in court. Your pedestrian accident attorney will explore the possibility of a settlement with the insurance company because it may be more informal and quicker. However, there may be instances in which it suits your interests to at least begin the legal process with a lawsuit. For example, you may not have enough time before the statute of limitations expires to engage with the insurance company fully.
If you file a lawsuit, the matter goes out of the insurance company’s hands and into the jury’s. Instead of presenting a claim, you will file a lawsuit complaint that begins the formal court legal process. Then, you will continue to build your case through the discovery process, where your pedestrian accident lawyer will have the valuable evidentiary tool of questioning the driver in a deposition. You will also have your deposition taken, where you must answer questions under oath, assuming you can do so physically in light of your injuries.
When your case goes to court, you risk the jury not believing you have adequately proven negligence. If that is the case, you will end up without financial compensation entirely. However, you may have no choice but to file a lawsuit when dealing with a stubborn insurance company that either will not offer you the compensation you deserve or insists on trying to delay your claim as much as possible.
The reality is that there is a high likelihood that your pedestrian accident case will settle at some point. Insurance companies can spot cases they must resolve and cannot risk a jury verdict. Although it may take some time, a pedestrian accident attorney can help you negotiate the settlement you deserve.
Filing a Claim Against Your Own Insurance Policy Is Also an Option
The other driver’s insurance company is not the only entity that may need to pay for your damages. If the driver did not have car insurance to start with, or they did not have enough coverage to pay for all of your damages, you may file a claim against your insurance policy. You may be surprised to learn that your auto insurance coverage will pay for pedestrian accidents, but these fall under the language of your policy. Thus, you can file a claim against your own underinsured or uninsured motorist coverage if it is part of your policy. Nevertheless, you can expect your own insurance company to be difficult to deal with because it also does not want to pay for the total amount of your damages.
Your Pedestrian Accident Lawyer May Need to Defend You from Allegations of Wrongful Conduct
When you file a claim, the insurance company may try to blame you for the pedestrian accident. Insurance companies know the tab size they may need to pay and want to avoid liability whenever possible. If they succeed in blaming you (in whole or in part), they can eliminate your compensation entirely or reduce the size of your check. You need every dollar that you can get in a pedestrian accident, and you need to fight any attempts to scapegoat you for what happened. Your pedestrian accident lawyer can present evidence that refutes any allegations the insurance company makes against you. If the insurance company persists in blaming you, a pedestrian accident attorney can take the case to court, and a jury can decide who was to blame for your injuries.
Hiring a Pedestrian Accident Lawyer Costs You Nothing from Your Own Pocket
Never let money get in the way of you getting the compensation you deserve after a pedestrian accident. In fact, money is not a limiting factor when you need help from a pedestrian accident attorney. When you hire a pedestrian accident lawyer, you only need to sign a legal representation agreement. This document lays out the contingency fee basis of representation, which states that you only pay your pedestrian accident attorney from the proceeds of your case should you receive a settlement or jury award. Otherwise, you do not owe your lawyer a dollar for the time that they spent on your case.
A Pedestrian Accident Lawyer Is Standing By
If you have suffered an injury or a loved one was killed in a pedestrian accident, hiring a skilled injury lawyer will level the playing field and ensure your rights are protected. They will fight for fair compensation on your behalf, holding the responsible parties accountable for their actions. Remember, you do not have to go through this challenging time alone. Seek the knowledge of a personal injury lawyer, and let them handle the legal aspects while you focus on your recovery.
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