If I am Involved in a Pedestrian Accident, What Should I Do?

If you have recently been struck by a vehicle while you were walking, you’re understandably experiencing shock and trauma from the accident. No one expects to be struck by another vehicle, but if you are, it’s crucial you use your legal rights at seeking justice. 

These types of accidents are more common than you may think. The experts at Frankl Kominsky Injury Lawyers are here to answer your questions and walk you through your rights as an accident victim. 

If you are involved in a pedestrian accident of any kind in West Palm Beach, Florida, here’s what you should do. 

Steps To Take After an Accident

Pedestrian-vehicle accidents can happen anywhere. They can occur in parking lots, neighborhoods, crosswalks, the side of the road, or anywhere else that you may be near vehicles. These types of accidents could also happen for several reasons. 

The most common causes of pedestrian-vehicle accidents include:

  • Distracted driving
  • Speeding
  • Intoxication
  • Left turns 
  • Failure to yield

If you are ever struck by a vehicle, here are the steps to take after the accident to get to safety and wait for help to arrive. 

Move To Safety and Call the Police

If you are still physically able to move, you need to move to safety as soon as possible. There might be other people around that can help you move to the side who witnessed the accident. You should speak to witnesses and see if there would be anyone willing to give a statement in your case while you wait for the police to arrive. In Florida, it’s a requirement for law enforcement to be notified of an accident so they can come out and file a report. This report can be helpful in your case later on as evidence. 

Seek Medical Attention

EMS will also arrive at the scene, and you should not skip this step. Being struck by another vehicle warrants being medically observed even if injuries do not appear visually on your body. There could be internal injuries that need to be monitored as well as a chance of a concussion. Medical records can also serve as a source of evidence, so it’s worth it to be examined. 

Take Photos

You should take photos of the scene or have someone take them for you if you are unable to do so yourself. Try to take photos that include the other car (unless they have fled the scene), your injuries, and anything else that can serve as evidence. You will be able to give these photos to your attorney who can then use them in your personal injury lawsuit against the defendant. Accident scenes are usually cleaned up by the next day, so take photos while you can. 

Contact An Attorney

Being involved in a pedestrian-vehicle accident warrants speaking to an attorney about what to do next. Not only will you likely have medical bills, but it’s important for you to seek justice for what you have encountered. A West Palm Beach Personal Injury Lawyer can go over your rights with you and instruct you on your legal options, including if you qualify to file a personal injury lawsuit. 

Can You File a Lawsuit for Your Accident?

Accidents involving cars in Florida can be tricky to navigate, which is why it is recommended to hire the assistance of an attorney. Florida is a no-fault state, which means all parties involved in the accident will share the blame to some degree, but there are some stipulations to this. 

For example, if a pedestrian was struck at a crosswalk, the driver is guaranteed to be fully responsible and at fault. If the pedestrian was not at a crosswalk and was somewhere else, it may be deemed that the pedestrian was partially responsible for the accident. 

This does not mean hope is lost in filing a lawsuit. 

The pedestrian that was struck should file a claim with their personal injury protection insurance representative to help cover medical costs, but if a settlement cannot be reached, a lawsuit against the defendant may be possible. This will likely happen if the injuries sustained are severe enough that insurance cannot cover them entirely. 

To best understand about the possibilities of your case, speak with your attorney to know what to expect.

What Are Personal Injury Accidents & How Do They Work?

Personal injury lawsuits indicate that there was negligence involved that led to the plaintiff being harmed or suffering. These lawsuits are against the defendant responsible for causing the damage that the plaintiff is seeking financial compensation or other benefits for. 

To start a personal injury claim, it is recommended to speak to your lawyer who will draft up the papers that they can deliver to the defendant. From there, the case begins. Your lawyer will collect all of the evidence necessary to help build your case and communicate with the defendant’s attorney.

Personal injury lawsuits can be settled either through direct negotiation with the defendant or go to court. If a settlement agreement can be reached with the defendant, then no court date is needed. However, if the defendant does not agree to a fair negotiation, then you can take your case to court, and then the jury will decide how much you should be awarded based on all evidence presented and the total losses you have suffered from the accident. 

What A Personal Injury Lawyer Can Do for You

A personal injury lawyer can do a lot for your case. Not only do they fight for you and help you throughout the entire legal process for the best possible outcome, but they also speak on your behalf to all parties involved, including insurance companies. 

Since insurance is the first step, your personal injury lawyer can help you determine what a fair outcome looks like for your case and can negotiate with your insurance representative if the initial offer is unfair. You attorney can also do most of the speaking during your lawsuit if you decide to file and the case goes to court. 

Having a lawyer present can significantly reduce a lot of stress for a pedestrian-vehicle victim. These professionals are highly knowledgeable and have the experience you need to build your meritorious claim so that you can focus on recovering. A West Palm Beach Personal Injury Lawyer will partner with you to make sure everything is clearly communicated so that you are fully in the loop the entire time. 

Talk To a Personal Injury Lawyer Today About Your Case 

Have you recently been involved in a pedestrian-vehicle accident? If so, we welcome you to speak to the law office of Frankl Kominsky Injury Lawyers. We have been handling personal injury cases for the last four decades and have the knowledge and resources to help you seek extra compensation. 

To get started, call our firm at (561) 800-8000 to schedule your free consultation. Our consultations are critical to better understanding your case and discuss what services we offer to best help you. 

We will help you seek recovery for the damages you have lost and guide you throughout. Your attorney can help you negotiate with your insurance representative and inform you on your legal rights. 

Call our firm today to begin. We look forward to speaking with you.

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