Making a Pedestrian Running Accidents Claim

22 Feb

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Good to Know

Every year, the number of pedestrians killed by cars increases. Data shows that each year, almost 129,000 pedestrians require emergency health care due to being hit by a vehicle. This statistic translates to an average of one pedestrian accident every four minutes. The number of pedestrian deaths is more than 6,000 per year.

The National Highway Traffic Safety Administration noted that fatal traffic accidents are on the rise with 6,283 deaths in 2018 from vehicle accidents alone. Pedestrians can be seriously injured when a car is only moving at about 10 miles per hour.
Pedestrians are always in danger of being hit by a vehicle if they’re anywhere near a roadway, and it’s crucial to know what to do if you’ve been hit by a vehicle.

After the Pedestrian Accident

If you are capable of getting up after being hit by a vehicle, move to safety. Then, you should call the police, take photos of the accident scene, get names of witnesses, call your insurance company, and take the information of the person who hit you. All of this information will help as the situation is sorted out.

Exchange Contact Information

Ask for the information of anyone who was a part of the accident. This information includes names, phone numbers, email, insurance, and maybe address.

Seek Medical Attention

After an accident, adrenalin will be pumping. You may not feel injured, but it’s possible that you have sustained some type of injury. Therefore, allow the medical personnel to assess you and be sure to communicate any type of symptom. Pedestrian accidents can include internal bleeding or brain trauma so it’s important to get the right type of medical attention. Never refuse medical care.

If you are not required to go to the hospital immediately after the accident, you should make sure that you go to an urgent care center or visit your private doctor for a checkup.

Types of Pedestrian Injuries

While most injuries occur on first impact, other injuries occur secondarily. For example, if someone is hit by a car and incurs a broken leg from the initial impact, but that initial impact then throws the pedestrian into a wall, other parked vehicle, or the ground. From that secondary impact, the pedestrian sustained a concussion, broken arm, and cracked rib.

Common Pedestrian Injuries

Bruises, cuts, scrapes
Traumatic brain injuries
Spinal cord injuries
Sprained or torn ligaments
Bone fractures

Police Reports

After an accident, the police make a report about the accident sometimes determining who was at fault for the collision. This information can be crucial for legal proceedings and for determining more about the accident. If you choose to sue, you’ll need an accurate police report on hand.

Filing a Pedestrian Accident Claim in Florida

In Florida, an injured pedestrian can file a personal injury claim against the driver who caused the crash. Through legal proceedings, the pedestrian establishes the liability of the driver and makes a case for recovering certain damages. The main reason used in this type of lawsuit is negligence. With the help of a lawyer, the pedestrian can create a case that shows the driver breached their duty of care, which caused the pedestrian’s injuries and damages.

Florida Statute of Limitations for Pedestrian Accidents

If you’ve been injured in a pedestrian accident, you have four years to file a claim to seek compensation for your pain and suffering, medical expenses, lost wages, or other damages. After the four years are up, you will likely not be able to file a claim. In the case of pedestrian death in the accident, the family can file a wrongful death lawsuit, but they only have two years to file that claim.

In some situations, you may be able to gain some compensation even if it’s determined that you are partly at fault. No matter the situation, a pedestrian accident may have a viable claim under the law that results in recovered damages. Therefore, speak with a lawyer today about your situation by emailing office@carrilloinjurylaw.com.