Motor vehicle accidents involving pedestrians are almost always more devastating than other accidents. When a vehicle hits a pedestrian, it’s thousands of pounds of excessive force hitting a person who is walking, riding a bike, or standing still. The force is often strong enough to cause immediate death depending on how fast the vehicle is traveling when impact occurs. Not all vehicle accidents result in death, but many do. When you are injured in a pedestrian accident with a vehicle or a loved one is killed, your first question is whether you can sue the person driving the vehicle responsible for the accident. It’s a fair question, and it’s one a personal injury attorney can answer.
Can I Sue?
Yes, you can. There are some variables at play in a situation such as this, but the general rule of thumb is you can sue. If the driver of the vehicle is at least partially responsible for the accident, the victim or loved ones of a deceased victim have the right to sue for damages caused by the accident. A personal injury attorney can help you determine the significance of your accident, what might occur, and what to expect.
If you are injured or a loved one is killed in a pedestrian accident with a vehicle, there are many damages you can include in your personal injury lawsuit.
– Funeral costs
– Burial costs
– Medical bills
– Pain and suffering
– Loss of consortium
– Lost wages
– Inability to return to work
When a car hits a pedestrian, most of the injuries and damages are significant. Any vehicle driving fast when it hits a person is most likely going to cause catastrophic injury or death. Even a small vehicle going very slow can take a life if it hits a person. Sometimes the injuries are minor, but they’re usually not. Most of the time the person hit by a car is out of work, which means no paycheck is being earned. Some have injuries that take months to heal, or that never heal. Long-term medical care occurs, death can occur, and there are many damages a person can sue for when a driver is to blame.
When an accident occurs, it’s not always easy to choose who is at fault. When the police arrive on the scene of the accident, they will speak to witnesses, they will assess the scene, and they will take statements. The medics will evaluate the pedestrians injured, and doctor’s reports will show how the pedestrian was hit, what kind of damage was done, and that information can help police determine who was at fault and even how fast the driver was going.
There are many factors associated with determining fault, but it’s within your legal rights to hire a personal injury attorney to discuss your case and help you decide what steps to take next. If the police determine the driver is at fault, they’ll include it in the police report. If the driver decides to deny liability, a personal injury attorney helps prove your case while dealing with the attorneys, insurance agencies, and other parties involved in this case.
Lawsuit or Settlement?
In some cases, the at-fault driver accepts responsibility for an accident involving a pedestrian and his or her insurance agency offers a settlement. You can always accept this, but it’s imperative you note it’s not always a good offer. It’s always a low offer, and they can give you more. Additionally, this offer comes quickly following the accident. You have no idea how long injuries will last if you’ll be out of work, and it might be too soon to know if you’ll be planning a funeral if someone is in critical condition.
Don’t accept any offers until you consult with a personal injury attorney. Attorneys are well-versed with the laws regarding personal injury cases, pedestrian accidents, and settlement offers. Let an attorney help you determine whether you have a case and what you might expect if you pursue the avenue of a lawsuit. It’s within your right to seek damages for the loss you’ve suffered as well as the many life changes you face now that a vehicle caused such a tragic accident.