Law

Understanding Your Rights After Being Struck by a Car

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Understanding Your Rights After Being Struck by a Car

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black white vehicles yellow caution tape near car parking lot daytime crime scene scaled
Black and white vehicles. Yellow caution tape near the car parking lot at daytime. Crime scene.

Pedestrians have the right to walk safely, whether they’re in a parking lot, walking on the sidewalk, or crossing the road. There are laws in place to help protect pedestrians, but accidents can still occur. A pedestrian who is injured in a car accident does have certain rights, such as the right to legal representation, that can help them obtain sufficient compensation from the at-fault party. 

The Right to Legal Representation

Pedestrians do not have to work with the at-fault driver’s insurance company on their own. In fact, if a pedestrian has been struck by a car, it is not recommended for them to try to handle the situation on their own. A lawyer can represent the pedestrian when working with the insurance company to increase the chances of receiving a suitable amount of compensation based on the person’s injuries. This can be the difference between losing a case and having all associated bills covered by the liable party. 

Compensation for Medical Bills

There are numerous types of injuries that can be sustained by pedestrians who are hit by a vehicle. The medical bills received by the pedestrian for emergency medical care and short-term follow-up visits should be covered by the at-fault party or their insurance company, so this should be included in the compensation received after the accident. If the pedestrian suffers long-term injuries, such as becoming paralyzed, the compensation should also cover future medical costs that are expected. 

Compensation for Other Damages

If the pedestrian suffered any other damages, those may be covered by the at-fault party, too. This might include not being able to work while recovering from the injuries, care needed while recovering, and more. If someone is not able to clean their home after the accident because of broken bones, for instance, the cleaning fees until the pedestrian recovers may be included in the compensation they receive. 

Non-Economic Compensation

Non-economic compensation is possible in pedestrian accident cases and can be a significant part of the compensation received. If a person has chronic pain resulting from the accident, the medications and pain management will be covered under medical costs. However, there may be additional funds awarded to the pedestrian for the chronic pain. Non-economic compensation is intended to cover anything that doesn’t have a bill attached to it, so it can also include things like emotional stress. 

Other Types of Compensation

Pedestrians may also be able to obtain other types of compensation, too. If the case goes to court, a judge may award punitive damages to the pedestrian. This is an amount of money designed to discourage the driver from making the same decisions in the future. If they were driving under the influence or hit the pedestrian on purpose, punitive damages are more likely to be awarded and can be used to punish the driver.

If you are walking and are hit by a vehicle, you do have rights and should receive compensation for your injuries. Take the time to talk to a lawyer about your situation to learn more about how they can help. They will be able to review all of the details of your case to determine how much compensation you can receive and can fight for you in negotiations or court to make sure you have sufficient help to get the funds needed to financially recover from the incident.