Law

Filing a Pedestrian Accident Claim: What You Need to Know

On March 17, 2025 by Joanne

Accidents involving pedestrians often cause serious injuries that cost a lot to treat, cause lost wages, and cause mental stress. If you were walking and were hit by a car, you need to know how to file a pedestrian accident claim in order to get the money you deserve. Working with an experienced attorney, such as https://www.cblawnc.com/durham-pedestrian-accident-lawyer/, can help ensure you navigate the claims process smoothly and get the maximum settlement possible.

Steps to Take After a Pedestrian Accident

The things you do right after an accident can have an effect on your claim. Your rights can be protected if you do these things:

1. Get Medical Attention – Even if injuries seem minor, seeing a doctor ensures your injuries are documented, which is crucial for your claim.

2. Report the Accident to the Police – There is an official record of the accident in the police report, which includes comments from witnesses and information about the driver.

3. Gather Evidence – Take pictures of the damage, your injuries, and the accident area if you can. Get the driver’s and witnesses’ contact information.

4. Avoid Talking to Insurance Companies Alone – Insurance adjusters may try to downplay your injuries. It’s best to consult a lawyer before making any statements.

5. Consult a Pedestrian Accident Lawyer – Negotiations can be handled by an experienced lawyer, who will also make sure you get paid fairly.

Determining Liability in a Pedestrian Accident

To win a pedestrian accident claim, you must prove that the driver was negligent. Some common causes of pedestrian accidents include:

• Distracted driving (texting, eating, or using a GPS)

• Speeding or reckless driving

• Failing to yield at crosswalks

• Running red lights or stop signs

• Getting behind the wheel while drunk or high

In some cases, pedestrians may share fault, such as if they were jaywalking or crossing against a signal. However, even if partial fault is assigned, you may still be entitled to compensation.

How to File a Pedestrian Accident Claim

1. Notify the Insurance Company

Inform the at-fault driver’s insurance provider about the collision but refuse to take a recorded statement or accept a settlement without first seeing a lawyer.

2. Collect Supporting Documents

Your claim is supported by evidence, including witness accounts, police reports, and medical bills. Maintain a record of all accident-related costs.

3. File a Personal Injury Claim

Most claims are resolved through insurance settlements. If negotiations fail, a lawsuit may be necessary to recover damages.

4. Negotiate a Settlement

Claims are frequently settled for less than their true value by insurance carriers. In order to guarantee that you are fairly compensated, a lawyer will negotiate on your behalf.

5. File a Lawsuit if Needed

If your insurance company doesn’t make a reasonable settlement offer, your attorney might go to court.

Compensation Available in Pedestrian Accident Claims

Compensation may be available to pedestrian accident victims in the following ways:

• Medical Expenses – Covers hospital bills, surgeries, rehabilitation, and future medical care.

• Lost Wages – Reimburses lost money from time off work.

• Pain and Suffering – Remuneration for physical suffering, psychological anguish, and diminished quality of life.

• Property Damage – Covers any personal belongings damaged in the accident.

Why You Need a Pedestrian Accident Lawyer

Managing a pedestrian accident claim can be complex, particularly when insurance companies seek to reduce compensation amounts. An experienced attorney can:

• Investigate the accident and gather evidence

• Determine liability and prove negligence

• Engage in discussions with insurance providers to secure a just settlement.

• If necessary, represent you in court.

Final Thoughts

A pedestrian accident can change your life, but filing a strong claim can help you recover financially and physically. Working with an experienced attorney, gathering reliable proof, and comprehending the claims procedure can all improve your chances of getting full compensation. If you or someone you care about has been hurt in a walking accident, you should talk to a lawyer right away to protect your rights and make sure you get the money you are owed.