Understanding what to do if you're hit by a car while walking or jogging is vital to ensuring your health and protecting your legal rights. Because walkers and joggers lack the protection of a vehicle, pedestrian injury accidents frequently result in severe to catastrophic injuries. That amounts to substantial healthcare costs, income losses, and other life-altering consequences that deserve to be compensated.
If you or a loved one suffered injuries in an accident, you'll want to speak to a pedestrian accident lawyer about your legal options for compensation. Schedule a free consultation.
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Pedestrian Accidents
Recent traffic crash data from the U.S. Department of Transportation (USDOT) demonstrates that pedestrian fatalities are at a historic high, with a nearly 70 percent increase over the last 10-15 years. Over 7,500 pedestrians walking and jogging on public roads and in intersections die in traffic collisions. Most deaths happen in urban areas (84 percent), with Saturdays being the day experiencing the most pedestrian fatalities.
What to Do If You're Hit by a Car While Walking or Jogging
If you are hit by a car while walking or jogging, seeking medical attention should be your top priority. Immediate medical evaluation is imperative, not only for your health but also to protect your legal rights. Injuries may not always be visible or feel severe initially but can worsen over time.
Visiting a medical professional will ensure that any hidden injuries are identified and documented. This documentation is essential when pursuing a legal claim to recover damages. When accident victims delay seeking a medical evaluation, insurance companies can claim that they are exaggerating or faking injuries.
Keep Detailed Documentation
After a pedestrian accident, keeping thorough documentation of all economic damages is necessary for recovering them. Documentation supports your case and helps ensure you receive fair compensation for your injuries. Begin by taking photos of the accident scene, any visible injuries, and damage to any personal property. Retain copies of medical records, police reports, and repair estimates for damaged property.
Keep track of your medical treatments, expenses, and any work you miss. Thorough documentation serves as evidence and helps your lawyer build a stronger case on your behalf.
Journal Pain and Suffering
Maintaining a detailed daily journal is necessary when recovering from a pedestrian accident. Recording your pain and suffering helps you understand and communicate your experiences and provides valuable evidence when pursuing legal action. Keeping a journal allows you to document your pain levels and the impact on your daily life, helping to demonstrate the full extent of your injuries, including the intangible losses that are more challenging to quantify without evidence.
Examples of what to include in your pain journal are as follows:
- Pain Levels: Rate your pain daily on a scale of 1 to 10. Note where the pain is located, its duration and frequency, and any changes throughout the day. Describe the type of pain—sharp, dull, throbbing, etc.
- Physical Injury Symptoms: Document swelling, bruising, stiffness, or limited mobility. Track any new or worsening symptoms. Record how your injuries impact daily tasks—walking, standing, and dressing.
- Sleep Disturbances: Note any difficulty falling or staying asleep. Track how often pain wakes you up at night. Record how a lack of sleep affects your energy and mood.
- Emotional Distress: Describe feelings of frustration, anxiety, anger, or sadness. Note any emotional impact from not being able to do things you enjoy. Track mood changes and how they relate to your pain or injury.
- Psychological Trauma: Record any flashbacks, nightmares, or panic attacks. Document the fear of walking near traffic or being in public spaces. Note any changes in your behavior or mental health since the accident.
A pain journal can be a powerful tool in helping secure compensation for intangible losses, also known as non-economic damages. These damages are deeply personal and not easily measured by bills or receipts. By consistently recording your daily pain levels, physical limitations, emotional struggles, and how the injury affects your life, you create a detailed, real-time account of your experience. This documentation can serve as compelling evidence to support your claim, helping insurance adjusters, judges, or juries understand the full impact of your injuries.
Maintain Medical Treatments
After a pedestrian accident, staying committed to your medical treatments plays a critical role in your recovery and the success of your legal claim. When you consistently follow your treatment plan, you demonstrate to insurers that you are taking your injuries seriously, which can positively impact the evaluation of your case. Missing appointments or delaying therapies can raise red flags for insurers, suggesting your injuries might not be as severe as reported. This can potentially weaken your claim. Adhering to your medical regime shows dedication to healing and can help secure fair compensation for your injuries.
Avoid Discussing Your Accident
Resist the urge to share details of the incident with friends, family, or coworkers. Discussing your accident can inadvertently hinder your claim. Insurance companies monitor social media platforms closely in search of posts and comments they might use to deny or minimize your claim. Any post or conversation about the accident can be misconstrued, potentially portraying you as at fault, even if you were not. It is best to stay silent on social media and refrain from discussing the incident until you have consulted an attorney and settled your case.
Contact a Pedestrian Accident Attorney
After experiencing a frightening incident like being hit by a car while walking or jogging, reaching out to a pedestrian accident attorney becomes necessary. They can guide you through the immediate steps after the accident, ensuring your rights are protected as you prioritize recovery. An experienced legal advocate understands the myriad challenges involved in such cases, from dealing with insurance companies to gathering the necessary evidence. A pedestrian accident lawyer can analyze the details of your situation and pursue full and fair compensation for your losses. Working with an attorney gives you a formidable ally who will advocate and strive to achieve the best possible outcome for your situation.
Causes of Pedestrian Accidents
Pedestrian accidents can happen in an instant, often with devastating consequences. While pedestrians have the right to feel safe on sidewalks and crosswalks, various factors can put them at risk. Many of these accidents are caused by driver negligence. However, other factors can contribute to being hit by a car while walking or jogging. Common causes of pedestrian accidents are as follows:
- Distracted Driving: Drivers often become distracted while driving, leading to accidents involving pedestrians. Whether it is a quick glance at a mobile device, adjusting the radio, or engaging in conversation, these seemingly harmless actions can have severe consequences.
- Impaired Driving: Alcohol and drugs substantially impair a driver's ability to operate a vehicle safely. Impaired drivers have slower reaction times and diminished decision-making skills, placing pedestrians at significant risk. Alcohol is involved in nearly half (48 percent) of all traffic collisions resulting in pedestrian deaths.
- Speeding: Excessive speed reduces a driver's ability to navigate safely around pedestrians and increases the severity of an impact in the event of a collision. Speeding drivers may struggle to stop in time on rural roads and at crosswalks.
Hazardous road conditions also contribute to being hit by a car while walking or jogging. Poorly maintained roads, inadequate signage, or faulty traffic signals can contribute to pedestrian accidents. Roads that are slippery due to weather conditions or debris can lead to drivers losing control, increasing the likelihood of accidents. Furthermore, construction zones or areas with insufficient lighting create hazardous environments where pedestrians are more susceptible to being hit.
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Compensation You Can Recover After Being Hit by a Car While Walking or Jogging
Compensatory damages are intended to make an injured person whole again by covering the full scope of their losses. These damages are divided into two main categories: economic and non-economic. Economic damages are tangible, out-of-pocket costs like medical bills and lost income, while non-economic damages address more personal, intangible losses such as pain and emotional suffering. Damages a pedestrian accident attorney will review include:
- Medical Expenses: Hospital bills, rehabilitation, medications, and future medical care. If future medical care or long-term care needs exist, lawyers collaborate with healthcare professionals and economists to value those damages and ensure their calculations in your settlement.
- Lost Earnings: Income lost due to missed work, reduced hours, or loss of earning capacity is calculated in compensation demands. Lost earnings include income, commissions, overtime, sick leave, paid time off, healthcare benefits, and retirement plans.
- Pain and Suffering: Physical pain, emotional distress, and loss of enjoyment of life encompass pain and suffering. The psychological impact of injuries, including anxiety, depression, and post-traumatic stress disorder (PTSD), are also compensated with proper documentation.
- Loss of Consortium: A loss of consortium compensates for the intangible benefit losses of relationships, including loss of companionship, affection, or intimacy with a spouse or partner.
Families grieving the loss of a loved one to a driver's negligence may be entitled to file for wrongful death benefits. These include costs for funeral and burial expenses, as well as their final medical costs and lost income when applicable. Wrongful death benefits you may also pursue include loss of parental guidance, consortium, financial support, and inheritance. State jurisdiction determines who can file for wrongful death and caps on non-economic damages in those cases.
How a Pedestrian Accident Lawyer Can Help
After being hit by a car while walking or jogging, a lawyer can be an invaluable advocate in helping you recover physically, emotionally, and financially. They can investigate the incident, gather pertinent evidence, and determine who is legally responsible for your injuries. Proving negligence and liability is imperative for the successful recovery of your claim.
Free Consultations
Pedestrian accident lawyers offer free consultations, allowing you to discuss your case without financial commitment. Engaging in a free consultation allows you to gain insight into your legal options and the potential outcomes of your case. During this meeting, the attorney will assess your accident's circumstances and help clarify the complexities of pursuing a claim.
Contingency Fee Arrangements
Retaining an attorney might seem like a daunting financial commitment when grappling with the aftermath of a pedestrian accident. However, understanding the concept of contingency fee arrangements can ease this concern. A contingency fee arrangement means you only pay your lawyer if you win the case. These arrangements provide a risk-free way to secure legal representation without upfront costs.
Attorneys operating under these agreements are motivated to achieve the best possible outcome for you, aligning your interests with theirs. With such an agreement, you focus on recovery while your pedestrian accident lawyer pursues rightful compensation for your injuries.
Negotiating With Insurance Companies
It is important to approach negotiations fully informed and prepared. Insurance companies often focus on minimizing payouts, so having a lawyer by your side can prove invaluable. A knowledgeable attorney can effectively communicate on your behalf, ensuring that your rights remain protected and your compensation reflects the true extent of your injuries and losses. They can navigate complex insurance policies, challenge unjust settlement offers, and gather necessary evidence to strengthen your claim.
By retaining a pedestrian accident lawyer, you are better equipped to handle the negotiation process, allowing you to focus on your recovery. After hiring an attorney, they handle all communications and negotiations with insurance companies. Insurers are no longer allowed to contact you after retaining legal counsel.
Litigating Your Case In Court
When insurers refuse to pay valid claims, you need a lawyer to effectively litigate your case in court. An experienced pedestrian accident attorney advocates for your rights and presents your case with solid evidence and credible witnesses. Your attorney will analyze the incident's details and determine the most effective strategy to counter the insurer's tactics. They prepare and file necessary court documents, gather pertinent evidence, and present it convincingly to the court.
Litigation involves cross-examining the defendant's witnesses, strategically arguing your case, and emphasizing the accident's impact on your life. Trust a confident ally to stand by you in the courtroom, ensuring justice and fair compensation.
Speak to a Pedestrian Accident Lawyer
If you or a loved one sustained injuries after being hit by a car while walking or jogging, you need an experienced personal injury lawyer to represent your claim. Schedule a free consultation to discuss the circumstances of the crash and explore a path to recovering fair compensation for your injuries and damages.