The number of severe pedestrian accidents is increasing, both in North Carolina and throughout the country. Drivers have far less regard for the safety of others, including pedestrians. At the same time, they are distracted by things like their cell phone.
If you or a loved one has been struck by a vehicle as a pedestrian, you may be eligible for a substantial settlement check. First, you should contact our Jacksonville pedestrian accident lawyers to help you file an insurance claim or lawsuit. Our legal team at Horton & Mendez are a phone call away when you need legal assistance.
What to Do After You Have Been Hurt in a Pedestrian Accident
After a pedestrian accident, your actions matter. What you do or do not do can affect your legal case and your health. There is usually little that you can do because you are dealing with serious physical injuries. Thus, you must put your legal rights and your well-being in the hands of other people.
The first thing to do is to get medical treatment for your injuries. If you have been prescribed a course of treatment, you must make sure to follow it closely. The insurance company is watching to see what you do and when you do it. The last thing you need is to give them an opening to try to claim that you were the cause of some of your medical situation.
You should then hire an experienced pedestrian accident lawyer to handle your case. You should never try to deal with an insurance company on your own. If you have been injured, an insurance company may try to take advantage of the situation to pay you less, or even try to deny you payment altogether.
How Can Pedestrians Stay Safe?
Pedestrians cannot control what drivers do in their vicinity. In a sense, a pedestrian puts their safety in the hands of drivers who they will never meet. One never knows how much care a driver is taking, or whether they even know the pedestrian laws.
Generally, pedestrians should make all efforts to follow North Carolina law. Some pedestrian safety tips include:
- Obey all traffic signs and signals, not crossing when they do not have the right of way.
- Use sidewalks whenever they are available.
- If the pedestrian has to walk on the road, go facing traffic, while walking as far away from the cars as possible.
- Do not use electronic devices or look at a phone while walking.
- Do not assume that a driver is going to be vigilant and alert.
Pedestrian safety is critical for many reasons. If you have not followed every best safety practice, the insurance company may try to blame you for the accident. Practically, this means that you may not be able to get a settlement check, or the amount of your payment can be reduced.
Does the Police Report Help in Your Pedestrian Accident Case?
The claimant is the one who has the obligation to line up the proof necessary to show that someone else was to blame. The accident likely happened without any warning, and you probably were not even able to see for yourself what happened.
Your attorney would come in after the fact and investigate what happened. Your lawyer would have to show that the driver did something wrong to cause the accident. Their efforts would come in the face of efforts by the insurance company to portray you as responsible for the accident.
A police officer shows up to the scene and writes an accident report, but remember — the officer did not see what happened. They may have spoken to people at the scene who saw what happened. Their report only relates what they may have seen or heard since the accident.
Insurance companies may use the police report to help determine fault for the pedestrian accident. There is a limit to how this report can be used. If your case goes to trial, the police report could not be introduced as evidence, since it is considered hearsay.
Whose Insurance Pays for the Injured Pedestrian?
When you are able to prove that a driver was to blame for the accident, their car insurance company would have a legal obligation to pay you, up to the amount of the policy limit. The car insurance company would step into the position of the driver because of the contractual relationship between the two.
Pedestrian accident damages can be very high due to the severity of the injuries. There is a chance that the driver’s insurance coverage may not be enough. As a pedestrian, you may be able to file a claim against your own insurance policy. Underinsured motorist coverage may also be able to pay for your excess damages.
How Can Horton & Mendez Can Help You?
You need an experienced attorney in a pedestrian accident case. Our injury lawyers in Jacksonville at Horton & Mendez can do the following to help you:
- Investigate the pedestrian accident and assemble the proof that you need for your case.
- Review your own scenario to determine how much money you may be eligible to receive.
- Communicate with the insurance company, keeping you from having to deal with them and protecting you from any efforts to unfairly blame you for the accident.
- Negotiate compensation that fairly pays you for your injuries.
If you wait too long to hire a lawyer, it can cost you money. The delay can make your legal case more complicated because it is harder when a lawyer starts their work late.
Contact a Jacksonville Pedestrian Accident Lawyer Today
At Horton & Mendez Injury Attorneys, we are committed to getting justice on your behalf when you have been hurt by someone else’s careless actions. We have helped numerous clients in difficult pedestrian accident cases, delivering results for them and their families.
You can get our lawyers in your corner. Call us today at 910-405-7751 or message us through our website to schedule your free initial consultation. We will never ask you to pay any money out of your own pocket.
