Is My Pedestrian Accident Claim Worth Money?
Read on to learn what the insurance company will look at when it comes to your pedestrian case, and whether it can be won. If you want to know more, read also read this: whether you have a good case.
First Major Question: Were You In A Crosswalk?
The number one question in all pedestrian cases is: Was the pedestrian walking in a crosswalk when they got hit? If not, the insurance company and its defense attorney will present a jaywalking defense. Getting a settlement or verdict will be difficult . . . but not impossible.
Pedestrian Accident: 9 Factors
These nine factors need to be looked at when assessing your auto versus pedestrian case:
#1 Did You Have A Reason To Jaywalk?
- Was something (construction, snow) blocking your access to the crosswalk?
- Was there a nearby, marked, or unmarked, crosswalk?
#2 What Does The Vehicle Code Say About What You Or The Driver Did Right Before You Got Hit?
- Were either the driver or you, the pedestrian, violating a statute or regulation at the time of the accident?
#3 How Long Was The Walk Signal?
- Check the timing of the traffic lights at the time the accident occurred.
- Does the walk signal actually provide enough time for a pedestrian to make it all the way across the street?
#4 What Were The Lighting Conditions?
- Was it dark when the accident occurred?
- Were there bright street lights to illuminate the roadway?
- Was it easy or difficult for the driver to see the pedestrian?
#5 Did Your Clothes Affect Your Visibility?
- Were you wearing light, dark or brightly colored clothing?
- Save the clothing you were wearing when you got hit. Keep it in a plastic bag. Don't wash any of it.
#6 Did The Driver Say Anything?
- What did the driver say immediately after the accident?
- Drivers who hit other cars seldom make incriminating statements, but drivers who hit pedestrians more frequently speak to victims lying on the ground after being hit.
#7 Did You Say Anything?
- Did you say anything to the driver or to anyone else at the accident scene after the accident occurred?
#8 Are There Any Witnesses?
- Did anyone else see the accident?
- Do you know how to contact them - did you get their contact information?
#9 Did Someone Call 911?
- If yes, did the police arrive and take a police report?
The Second Major Question: Are You Hurt?
Did you suffer injuries?
- If you got injured, did you seek medical care?
- Are you still hurt, or did the injuries resolve?
Here are just some of the pedestrian injuries that I can handle:
- Back injuries
- Brain injuries
- Broken bones
- Disfigurement or scarring
- Infection after an accident
- Internal injuries (organ damage)
- Knee injuries
- Loss of a limb
- Neck injuries
- Senses: accident-related loss of smell or taste
- Silent injuries
- Wrongful Death
Do I Need A Lawyer For My Pedestrian Accident Case?
You can make a claim for your pedestrian accident case, if it's very minor. But it's really best to hire an attorney right away to fight your case, if it's anything more than minor. If you hire me, I will work on your behalf and fight for maximum payment. Protect your rights by talking to an attorney before you do anything besides: calling 911 and seeking medical care.
I'm Gardner Law's attorney Renée Yvonne Gardner. I speak Spanish - hablo español. A San José pedestrian accident attorney, I'm experienced with personal injury and wrongful death accident. If were injured in a pedestrian accident, contact me at (408) 214-5555 or fill out the below form for a free consultation. If your loved one passed away after a pedestrian accident, please call me about your wrongful death case. Thank you.