When a Pedestrian Is Hit by a Car
If a pedestrian hit by a car, only a legal claim would possibly be against the car driver. However, depending on the circumstances, if unsafe roads or roadside control devices (i.e. traffic lights or signs) played a part in your accident, you could also make a claim against the municipality. After some preliminary information, let's look in a little more detail at both these potential claims.
What Happens Once You Are Hit by a Car?
Pedestrian injuries at the same time can be confusing and frustrating. Like typical accidents of motor vehicles, you may not know where to cover yourself. In Oklahoma City, unlike some other countries, a pedestrian hit by a car has the same rights as a vehicle hit by a car. You have access through your own car insurance and other driver's insurance to your personal injury coverage.
Soon after the Accident
Being hit by a car can be traumatic. Make your personal safety always a priority.
Find a Safe Location - If you were hit by a car, you might not be able to see other drivers. Move to a safer location to prevent further injury.
Ask for Help - Pedestrian accidents often involve injuries. If nobody is there to do that for you, call for help. If you suffered serious injuries, you could take the necessary care from an ambulance.
Medical Attention - The extent of your injuries will be proved by your medical records.
Hire a Personal Injury Attorney – A personal injury attorney can help you to prove your innocence and recover damages following an accident. It is important to speak to a lawyer as quickly as possible. This helps your lawyer collect evidence and create a case.
Medical Treatment
If you have pain following a car hit, you should seek medical care right away. You should go to the emergency room if the pain is severe. If not, a primary care provider should treat you as soon as possible. Insurance adjusters (and juries) usually suppose that you weren't hurt if you didn't seek medical attention right after the accident. It is, therefore, important for your health and your rights to receive proper medical care and document your injuries and medical treatment.
Claim Against Driver
When a pedestrian is hit by a car, the driver of a car that strikes a person (but not always) is usually regarded as being unreliable even if the pedestrian is not at a crosswalk.
This is because most countries' negligence and traffic legislation allow drivers to be alert to their condition and to pay attention to road hazards. A pedestrian qualifies as a road hazard. In other words, drivers have a legal duty to see and stop what can be seen.
If a car hits a pedestrian on a crosswalk, it's certainly the fault of the driver. A driver who hits a footbridge will almost have no chance of avoiding liability. The peasant still has a good chance of winning the case when he / she has a crosswalk, as long as he / she has taken care of the road and has not rushed into a street or has otherwise tried to defeat the traffic.
Pedestrian Injury Causes
Speed - Speed reduces the time the driver has to respond to road hazards. If a pedestrian enters the road, if the driver goes too fast, he might not have the time to stop.
Failing to Find the Right Way - Many drivers think that they have the right of way simply because they are not informed otherwise by a sign or traffic signal. But often this is not the case. Accidents happen every day because drivers don't give in to pedestrians. And believe it or not, many of these accidents happen when the pedestrian has a right of way through a crosswalk.
DUI - Drunk driving reduces the ability of a driver to be safe on the road. Alcohol slows down the driver's reaction time and affects their ability to make good choices. Alcohol also reduces the ability of a driver to control his car. This can cause the driver to swerve, slip, or kill a pedestrian on the shoulder or sidewalk.
Lack of Visibility - Different factors which can lead to poor visibility. Heavy rain or bright sun will make it hard to see. In addition to the weather, blind spots are a major cause of pedestrian accidents. This is especially true for backup drivers. If a driver does not check or see the person's blind spot, an accident can occur.
How Can an Attorney Help?
An attorney can help you when you are hit by a car. Contact our personal injury lawyer in OKC at Foshee and Yaffee for solving the case.
**Disclaimer: This content is not to be construed as legal advice nor does it establish terms of a client-attorney relationship.