Were you recently hit by a car while walking? You may have been crossing the street when you were hit by an intoxicated or distracted driver; or maybe a bicyclist collided into you.
Regardless of the circumstances, you deserve justice and fair compensation after being hit. That’s why it’s important to understand what to do after an accident like this.
Below, we outline step-by-step, what you need to do immediately after being hit by a car while walking.
“I Got Hit by a Car While Walking”; Next Steps
1. Seek Medical Attention And Call The Police
This way, your injuries will be fully documented and you’ll have all of the evidence you need to file your claim with your insurance company.
2. Keep The Driver At The Scene
If there are witnesses, ask them to stay, too. If the driver flees the scene, try to take a photo of their license plate, and remember the make and model of the vehicle.
If the driver stays at the scene, immediately collect their information. If you’re able to, take some pictures of the accident.
3. File Your Insurance Claim
If your insurance company still tries to deny your claim, or attempts to give you an amount that won’t cover your costs, your next step should be to immediately contact a pedestrian accident lawyer.
4. Hire an Experienced Personal Injury Lawyer
An experienced attorney can help get your medical bills paid for, and your lost wages reimbursed under Michigan’s No-Fault insurance law.
Our personal injury attorneys work under contingency fee basis. This means that the costs and fees of an attorney handling the case is paid with a percentage of the settlement or judgment you receive from your case.
Simply put; we don’t get paid until you do.
Who Is at Fault?
Generally, fault is determined by negligence, i.e. a person who fails to drive with reasonable care may be considered “negligent.”
A driver can be negligent in a car-versus-pedestrian accident (and therefore at fault) by:
- running a red light or stop sign and hitting a pedestrian in an intersection
- failing to see or yield to a pedestrian in a crosswalk
- failing to slow or stop within a reasonable time before hitting a pedestrian who is crossing a highway where foot traffic is permitted
- driving too fast in a parking lot and/or failing to yield to a pedestrian in a parking lot before hitting them
A pedestrian can be at fault (at least partially) for a pedestrian accident for reasons including, but not limited to:
- walking in an area where foot traffic is prohibited (on a bridge or freeway, for example)
- crossing the street illegally, such as jaywalking
Can I Sue the At-Fault Driver?
A pedestrian who has been hit and injured by a car in Michigan may be able to sue the at-fault driver for pain and suffering compensation. This is made easier, of course, if you can prove that the at-fault driver was negligent.
Additionally, Michigan law allows an injured pedestrian to sue for “excess” no-fault benefits— economic losses that the pedestrian will suffer in the future. Or, that exceed the PIP cap available to pay for medical bills, wage loss, and other No-Fault benefits.
Get Justice; Hire a Skilled Attorney
Getting hit by a vehicle while simply walking is extremely scary, and something no one ever wants to go through. The aftermath can be even worse, with the physical and mental trauma compounding with the headache of dealing with courts and insurance companies.
That’s why you need an attorney that can not only help you fight for justice, but also navigate the complexities of insurance law, law enforcement, and more.
Contact Wigod & Falzon. We’ll provide you with a skilled pedestrian accident attorney to get you the justice you need to move forward.