I was a pedestrian hit by a car. What do I do next?

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If you or a loved one has been injured as a pedestrian that was involved in a car accident, you may have the right to seek compensation for your medical and other accident-related expenses from a negligent driver. If a loved one was killed in a pedestrian accident, you need to consult with an experienced wrongful death attorney as soon as possible to get the compensation you deserve. 


The first step is to always seek proper medical attention after a pedestrian accident. The shock of such accidents can make you numb to certain types of injuries. However, symptoms may begin to appear hours, days, or even weeks down the line. The longer you wait to seek medical attention, the worse it may be for your personal injury claim.

Who Pays the Medical Expenses When a Pedestrian is Injured in an Accident?

The driver’s Personal Injury Protection (PIP) should cover most of the medical expenses for the pedestrian. However, these coverages could also be on the pedestrian’s personal vehicle insurance. That is true even if the pedestrian (of course) wasn’t in the car at the time of the accident. 

However, PIP doesn’t cover all medical expenses. And in some pedestrian accident cases, the PIP pays nothing. So you need a personal injury attorney who can help you establish the real damages in your case.

Is the Driver Always Considered At-Fault in a Pedestrian Accident? 

Usually, the driver of the other car takes responsibility for the collision – even if it was not entirely their fault. However, in some cases, the pedestrian will be found to be partially liable and be held responsible for the collision.

Florida uses the “pure comparative negligence” rule to help determine liability in personal injury cases. In some cases, if the injured party is proven to be partially liable for the accident, the damages awarded to the injured party can be reduced by the percentage of liability. For example, if you are pursuing $200k in damages, and you are found to be 20% liable, your compensation may be reduced by 20% to $180k. 

I Received Traumatic Brain Injury in a Pedestrian Accident. Can I Sue? 

If you or a pedestrian in your family is injured in a pedestrian accident caused by negligence or another error of the driver, you may have a strong case for a traumatic brain injury. This is why it is very important to find a qualified professional with experience in this type of case. The first step in getting the settlement you deserve is to have a pedestrian accident lawsuit filed against the driver of the other vehicle. This is usually done by hiring a personal injury attorney.

There are two basic ways to determine if a pedestrian accident has merit. One way is to consult with a traumatic brain injury expert who can evaluate the severity of your injury. The second way is to hire a lawyer who specializes in personal injury claims. In many cases, these lawyers can assess the viability of your case much faster than you would be able to do on your own.

Usually, for those who experienced traumatic brain injuries (TBI), it means a hefty settlement amount awarded to the injured party. A lawyer with experience in pedestrian accidents can help you get the settlement amount you deserve. 

How Can I Establish Liability in a Pedestrian Accident?

In some instances, the driver of the vehicle may not be determined to be entirely at fault in the accident. For instance, if the driver of the other car had a defective car, and you were injured because of this defect, the manufacturer of the car or defective part could be held liable for your injuries. In such a situation, it would be up to a jury in a court of law to decide who is at fault for the accident, and then the victim would receive monetary damages from the liable party.

In addition to receiving compensation for your injuries, you may also recover other benefits, including medical costs, rehabilitation, and even lost wages. Some jurisdictions also allow you to collect punitive damages in addition to or in place of compensation for your injuries and damages caused in an accident. These damages may include punitive damages as well as interest and costs for your representation. However, there are many factors involved in deciding whether a case has merit, and it is recommended that you retain an experienced personal injury attorney to help you with the matter.

Should I Hire an Attorney for a Pedestrian Accident?

You should not try to take on the insurance companies by yourself. The pedestrian accident attorneys at Hoskins, Turco, Lloyd & Lloyd know that having an attorney handle your case can mean the difference between getting the proper compensation you deserve and getting nothing at all. 

Don’t hesitate and contact us online or call us at (866) 460-1990 today to discuss your case right over the phone or video conference. Consultations are free and always confidential and you can speak with an expert pedestrian accident attorney from the comfort of your own home.

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