Being hit by a vehicle as a pedestrian can be a traumatic and life-altering experience. If you have been struck by a car or truck while walking, you likely have many questions about your legal rights and options. This article provides an overview of the legal recourse available after being hit as a pedestrian.
Seek Medical Attention
The first step is to get medical help, even if your injuries seem minor at first. Adrenaline and shock can mask serious internal trauma, fractures, and head injuries after being struck by a vehicle. Getting checked out thoroughly by emergency medical professionals and following up with your regular doctor is crucial. Be sure to document all diagnoses, treatment, and recommendations. These medical records will form a key part of building your injury claim later.
File a Police Report
You should also file a police report. Provide as many details as you can remember, such as the vehicle make and model, license plate, if possible, where you were standing or walking when hit, the direction the vehicle came from, and so on. If there were any witnesses, get their contact information too so their account can be included in the police report. Even if the driver stopped briefly, they may not admit fault, so having an official report from law enforcement is important.
Many pedestrian-vehicle collisions result from negligence on the part of the driver. They may have been speeding, distracted, drowsy, or even impaired. Other accidents happen due to poor visibility, failure to yield properly, or road conditions.
Speak to us as soon as feasible after being hit by a car or truck. We will gather evidence, consult traffic engineers, recreate the scene, subpoena vehicle data modules, and take other steps to prove negligence. This lays the groundwork for demanding full compensation for your medical bills, lost income, pain and suffering, and other damages.
We will send a demand letter to the insurance company or companies involved, asserting your legal right to compensation. If they do not offer an acceptable settlement, we can file a personal injury lawsuit to pursue your claim in court. The majority of injury claims settle out of court, but you must be ready to go to trial if needed to maximize your recovery.
Pedestrians who are hit by a vehicle while in a crosswalk, walking along a roadway, or standing on a sidewalk may have a premises liability claim as well. Property owners and occupiers have a legal duty to maintain safe conditions for pedestrians on or near their land. We can determine if any unsafe conditions contributed to your accident. For example, a property owner could be liable if vegetation blocked a driver’s view of the crosswalk where you were struck.
Visit our offices at the following addresses:
- Tampa – 2504 W Crest Ave, Tampa, FL 33614
- Petersburg – 520 2nd Ave South, St. Petersburg, FL 33701
- New Port Richey – 5703 Main Street, New Port Richey, FL 34652
- Brooksville – 1790 E Jefferson St., Brooksville, FL 34601
- Seminole – 5290 Seminole Blvd. Suite D, St. Petersburg, FL 33708
Call now for a free consultation on (800) 800-4300.