What Are Your Rights if you Get Hit by a Car on a Pedestrian?
In most places, pedestrians have the right of way, so if they are hit by a vehicle, it is likely the driver's fault. If the pedestrian is crossing at a crosswalk, walking in a parking lot, or walking on the sidewalk and is hit by a vehicle, they have a number of basic rights. It's important for pedestrians to exercise these rights and make sure they are able to fully recover from any injuries they received because of the accident.
Right to Proper Medical Care
Pedestrians who are hit by a car have the right to proper medical care. The driver of the vehicle may try to downplay the injuries or suggest the pedestrian doesn't need to be examined by a doctor, but the pedestrian does have the right to be seen by a doctor for any injuries or potential injuries. It is important for pedestrians to seek medical care as soon as possible after the accident, even if they feel okay, as they may have hidden injuries that will become more apparent later.
Right to Compensation for the Accident
Pedestrians can be seriously injured, even if the vehicle is not traveling fast. Even in slower accidents, the pedestrian could hit their head and suffer a traumatic brain injury or another serious medical issue. When the driver is at fault for the accident, the pedestrian has the right to compensation for the accident that will cover the medical bills and other damages sustained by the pedestrian. This often includes lost wages, compensation for damages to personal items, and more.
Right to Negotiate the Settlement Offer
Pedestrians do not have to accept the first settlement offer they receive from the at-fault driver. In fact, this is not recommended at all. Pedestrians have the right to negotiate for a better settlement offer that will cover all expenses from the accident. Since these accidents can be incredibly expensive as far as medical care is concerned, it is a good idea for pedestrians to make sure any settlement offer they accept will cover all of their medical bills and other expenses.
Right to Take the Case to Court
Pedestrians have the right to take the case to court if an agreement cannot be made regarding the settlement. If the insurance company for the at-fault driver does not negotiate or will not offer a settlement that is sufficient to cover medical bills and other costs for the pedestrian, the case may go to court to be settled by a judge. This can also happen in cases where the insurance company claims their client was not at fault and refuses any settlement for the pedestrian.
Right to Legal Representation
Pedestrians also have the right to legal representation when they're dealing with negotiations as well as a potential court case to obtain the full amount of compensation they are owed. It can be difficult to deal with the insurance company and it's all too easy to end up saying something that hurts the case or accepting a settlement offer that turns out to be too low. Having a lawyer on hand protects the pedestrian and can help them get a higher settlement.
If you were hit by a vehicle while walking, it's important for you to know your rights and what you can do in this situation. Take the time to speak with a lawyer today to learn more about the compensation you may be entitled to or how a lawyer can help.