As a pedestrian, you assume you’re relatively safe walking to your destination. Unfortunately, accidents can happen even when you watch for vehicles and follow all laws.
If you were in a pedestrian accident, you are probably wondering, What do I do if I got hit by a car while walking?
If you are considering pursuing a legal claim after a pedestrian accident, the Law Office of Aaron Herbert is here to help you.
What to Do After a Pedestrian Accident
Getting hit by a car while walking can be a traumatic and life-altering experience. It can lead to physical, emotional, and financial stress. While it can be challenging to think straight right after a pedestrian accident, there are a few steps you can take to help you recover compensation.
Here is what to do after a pedestrian accident:
- Contact the police. If you were struck by a car, you must contact the police. The police will create an accident report, which will be helpful when filing a personal injury claim.
- Gather information. Get the driver’s contact and insurance information, as well as the make and model of their car. If there were any witnesses to the accident, get their contact information.
- Document the accident. Take photos of the accident scene and any visible injuries you have sustained. These photos can help you support your claim.
- Seek medical attention. Even if you feel okay, seeing a doctor as soon as possible after a pedestrian accident is vital. Some injuries may not show up immediately, and you might need diagnostic tests to rule out any internal injuries.
- Contact your insurance company. If a negligent driver strikes you, it’s important to notify the driver’s insurance company as soon as possible. You could be eligible to receive compensation for your medical expenses and lost wages by filing an insurance claim.
Common Injuries After Being Hit by a Car
Pedestrian car accidents can result in severe and life-altering injuries, some of which may require extensive medical treatment and rehabilitation. Here are some of the most common injuries after being hit by a car.
Head Injuries
Head injuries are a common type of injury in pedestrian accidents. They can range from mild concussions to more severe injuries such as skull fractures, brain swelling, and bleeding.
A head injury can have long-term effects, including memory loss, difficulty speaking, and cognitive impairments.
Spinal Cord Injuries
Spinal cord injuries are typically devastating as they can result in permanent paralysis and profoundly impact a person’s quality of life.
Fractures and Broken Bones
Because cars are so much larger than a pedestrian and can generate a great deal of force, victims of pedestrian accidents often suffer broken bones. Some of the most common fractures that occur in these types of accidents are fractures in the arms, legs, and ribs.
Soft Tissue Injuries
Soft tissue injuries can also occur in pedestrian accidents, such as sprains, strains, and bruises. These injuries can be very painful, and many victims require physical therapy and rehabilitation to recover.
Internal Injuries
Pedestrian accidents can result in internal bleeding, organ damage, punctured lungs, and other types of internal injuries. These types of injuries can be life-threatening and require immediate medical attention.
Vehicle Vs Pedestrian Accident Law in Texas
In Texas, a vehicle’s driver must exercise due care to avoid colliding with a pedestrian. Under vehicle vs pedestrian accident law in Texas, a driver must yield the right-of-way to a pedestrian crossing a roadway in a marked or unmarked crosswalk.
Additionally, a driver must stop and remain stopped to allow a pedestrian to cross the street within a marked or unmarked crosswalk.
If a driver negligently causes a pedestrian accident, they may be liable for any damages the pedestrian suffers. Damages in a pedestrian accident case can include medical expenses, lost wages, pain and suffering, and personal property damage.
Even if a pedestrian is partially responsible for causing an accident, they might still be able to recover compensation. Texas follows a rule called modified comparative negligence.
That rule allows a plaintiff to recover some compensation even if they were partially at fault for their accident. However, their compensation will be proportionally reduced by their percentage of fault.
For example, if a jury finds a pedestrian 10% at fault for their accident, they would receive 90% of their damages, not 100%.
Texas follows a modified comparative negligence standard with a 51% bar rule. That means that if the pedestrian is 50% or less at fault for an accident, they may still recover damages from the driver who hit them.
However, if a pedestrian is 51% or more at fault, they can not recover any damages.
Why Hire a Pedestrian Hit-by-Car Lawyer?
An experienced Texas pedestrian hit-by-car lawyer can help you fight for maximum compensation. Your lawyer will:
- Thoroughly investigate the accident, gather and preserve evidence, and interview witnesses;
- Handle all communication with the insurance company and the driver’s defense lawyer;
- Negotiate a potential settlement on your behalf;
- Meet all legal deadlines and adhere to all applicable court rules;
- File a lawsuit on your behalf and represent you at trial if necessary;
- Hire necessary experts to solidify your case;
- Ensure you have access to medical care; and
- Review all settlement documents, pay any liens, and help expedite the receipt of your compensation.
Pedestrian accidents often involve complex aspects of personal injury law, which is why you need an experienced Texas pedestrian accident lawyer on your side.
Contact a Texas Pedestrian Accident Lawyer
As you can see, knowing the answer to the question "what do I do if I got hit by a car while walking” is only the first step towards getting the compensation you deserve for your injuries.
The Law Office of Aaron Herbert can help you hold the driver who hit you accountable. Aaron Herbert is a tenacious fighter who takes the time to understand the unique facts and circumstances of each client’s case.
Our team has years of experience helping clients get the financial support they need to recover from their injuries and move forward with their lives. Contact our office to learn more about how we can assist you.