What Should I Do if I Hit a Pedestrian With My Car?
If you hit someone while driving, there are steps you should follow to help ensure that you're covered by insurance. You'll need to contact your insurer right away to file a claim. If you're not sure whether you have auto liability coverage, call your agent.
Pedestrians have the same rights as drivers when it comes to traffic safety. If you're injured due to someone else's negligence, your legal recourse includes compensation for medical bills, lost wages, pain, and suffering, and other costs associated with the injury. You may even be entitled to compensation if you were not wearing a helmet or reflective clothing at the time of the accident. However, before taking action against another party, it's important to understand the laws regarding liability and fault.
Safety should always come first. When something bad happens, we should try to keep ourselves safe. If someone gets hurt, we need to make sure they're okay before we do anything else. We should also get them to a safe area. If there's an injury, we shouldn't try to treat it until we've taken care of everyone else. Finally, if we witness an accident, we should tell the police and give our contact information. We should also exchange contact info, but we shouldn't give out more information than what is necessary. If the driver is not incapacitated, share his name, phone number, email address, and insurance information. Be careful not to admit fault or blame yourself because admitting fault may impact your ability to file a claim. Photograph the scene of the accident, including the intersection and roadway conditions. Take photos of the vehicles involved, the damage done, and any other physical evidence that might help explain the cause of the collision. Collect witness names and contact information. Ask witnesses if they saw what happened before or during the collision. Keep copies of all documentation related to the accident, including police reports and any estimates for repairs to damages caused by accident. You should get legal representation immediately if you are facing potential criminal charges for an alcohol-related traffic offense. You need to consult with a lawyer in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, Stafford, Texas at Thornton Esquire Law Group, PLLC, right away because there may be evidence against you, and you will not want to make any statements to the police about what happened without first consulting with your attorney. Contact us today at www.thorntonesquirelawgroup.com for a free consultation.
When a vehicle hits a pedestrian, it's no wonder that serious injury and death can occur. However, a driver can cause a severe pedestrian injury while driving at just ten mph. Is the disparity inherent in this kind of accident can muddy the biggest question: Who's fault was it? Generally speaking, the fault is determined by law. In oversimplified terms, someone who fails to exercise reasonable caution under the circumstances may be deemed negligent. A driver can be negligent when he causes an injury to a pedestrian while driving at high speed. Running a red light or stopping at a stop sign and hitting a vehicle or pedestrian in an intersection. Failing to see or yield to a pedestrian walking across the street when you're turning right onto a road. Driving too fast in a parking garage and/or failing to slow down when approaching a pedestrian in a parking garage before hitting them. Pedestrians can be at fault (partially) for a car-vs.-pedestrian accident if, among other examples: Walking in an area where foot travel is prohibited by law (such as a bridge or freeway) is illegal. Crossing the street illegally is also illegal.
The driver is at fault for the accident because he wasn't paying attention. If the pedestrian was crossing against the light, then the driver should not have driven through the intersection. However, if the pedestrian was jaywalking, then the driver could still be liable for the accident.
A law enforcement officer will arrive at the scene of an accident. After assessing the situation, he or she will try to determine what caused the crash. If possible, the officer will interview the driver, passengers, witnesses, and others involved. He or she will also collect evidence and diagram the location of the incident. A police report will then be written up, documenting the cause of the crash and any potential traffic laws broken.
Injured pedestrians can usually file a claim with their own car insurance company, but not always. Some companies would refuse to pay claims if the injury occurred while driving your car. Others will only pay if you are at fault. If you're injured by another driver, you may need to get an attorney to help you collect damages. You'll also need proof of your injuries, like medical bills and witness statements.
It's rare for drivers to sue pedestrians for damages after an accident. Drivers usually come out ahead financially, even if the pedestrian was partly responsible for the collision. However, it may be worthwhile to pursue legal action against a pedestrian if the driver swerves to avoid hitting a jogging pedestrian but causes extensive damage to their vehicle. If the pedestrian was injured and caused damage to the vehicle, then he/she could be liable for the cost of repairs. One of the main disadvantages of using a pedestrian is that there is no proof that the pedestrian was more responsible for the accident than the driver. If the pedestrian did nothing wrong, then the driver will not be held accountable. Another disadvantage is that the pedestrian may have very few assets or insurance coverage, making it hard to collect any money awarded in court.
If you hit someone with your car, the first thing you should do is call 911. Depending on what happens next, you might need to hire a personal injury lawyer. If you're not sure if you have the right to sue the other driver, talk to a lawyer about whether you can pursue a claim. If you are sued, then you'll need a lawyer to defend yourself. You may also be interested in filing a personal injury claim against the driver of the other vehicle. You could file a lawsuit to recover compensation for medical bills, lost wages, pain, and suffering, and any permanent injuries sustained. A personal injury lawyer will help guide you through the process of filing a claim.