When you become the victim of a traffic accident as a pedestrian, filing a personal injury claim will help you recover damages. A pedestrian is more likely to suffer serious injuries than the occupant of another vehicle. For this reason, filing a claim for damages is different for pedestrian victims.

What You Should Know About Seeking Personal Injury Damages In a Pedestrian Accident

What should I do after the accident?

First, assess your condition, then collect information and evidence if you’re able to move. Get the driver’s name, contact information, and insurance information. Take pictures of the scene, including close-up photos of any property damages caused by the accident. This will benefit your personal injury claim and help your attorney handle your case. Provide your personal injury lawyer with copies of the police report, your medical bills, and the information you collected at the scene.

Do I have to hire a lawyer?

While you don’t have to hire an attorney to handle your insurance claim, it’s a good idea. Your lawyer can move the process along smoothly and may be able to negotiate a fairer settlement on your behalf. Insurance companies will often offer a small settlement to claimants who aren’t represented by lawyers because they know the individual forfeits their rights to seek additional damages once a settlement has been accepted.

Is the driver always at fault? 

While the driver is usually at fault in pedestrian accidents, the pedestrian is still expected to follow traffic laws. If they violated traffic laws, such as jaywalking, they may share some of the fault. In that case, they may be limited by how much they can receive in damages, or a judge may determine that the pedestrian was solely at fault.

What damages can a pedestrian recover?

In addition to covering the costs for your immediate and long-term medical care, you may also be able to claim damages for lost wages. Additionally, you may need psychological counseling as a result of the accident, which should also be covered by your settlement. Pain and suffering is another type of damages that can be claimed. You may also be able to claim damages for personal property (eyeglasses, wedding ring, etc.) that was broken or lost in the accident.

In any accident, it’s important to recover damages to help you pay for financial losses. Neimark & Neimark in New City, NY, is experienced in handling personal injury cases. They can be contacted by phone any time of the day or night. To learn more about their legal team, visit their website. To schedule an initial consultation, call (888) 725-7424.