5 Common Concerns Injured Pedestrians Have
If you were recently hit by a car while walking on the street as a pedestrian, you are probably in a stressful situation.
1. What Should You Do After You Are Injured in a Pedestrian Accident?
There are several steps you need to take after an accident if you intend to file a claim for your injuries. You can start by writing and recording as much as possible following the accident. Take note of injuries, lost wages, medical bills and anything else you have experienced as a result. Also, make notes of conversations with those involved and with witnesses.
Next, make sure to preserve any potential evidence. This includes taking photos at the scene of the accident and of your injuries. You should also collect contact information for all witnesses who may be able to assist your case in court.
In the course of doing all of this, you must also get in touch with a personal injury attorney. When you arrive at the attorney’s office, make sure that you bring witness information, details about the case and photos if you have them. Bring police reports, medical bills and any other information about your injuries, as well.
2. Can A Pedestrian Sue the Driver Even if They Were Partially at Fault?
As a pedestrian, you have some responsibility to avoid being involved in an accident. You must observe traffic conditions and follow local traffic laws and regulations. However, the pedestrian has the right of way until they reach the other side of the street. The driver has the duty to avoid colliding with the pedestrian.
In some cases, both parties may be at fault for an accident involving a driver and pedestrian. As a pedestrian, you still may be able to sue the driver with partial responsibility, but it will reduce the funds you receive based on what percentage of fault you are determined to have.
3. Does Virginia Have a Statute of Limitations on Pedestrian Cases?
Each state has its own statutes of limitation that allow a certain amount of time in which to file a claim in a pedestrian lawsuit. In Virginia, the statute of limitations is generally two years for pedestrians. This means that you need to speak with a personal injury attorney to get your case considered as quickly as possible after an accident occurs.
4. What Damages Can Pedestrians Recover After an Accident?
After a pedestrian accident, you may be able to recover certain types of damages. The most common type of damages filed include both past and future medical expenses. The amount you may receive is based on the cost of your medical care.
You may also be able to recover past, current and future lost wages. Your lawyer will try to determine lost wages by analyzing your financial information, including W-2s and tax returns.
Pain and suffering is another type of damage pedestrians often sue for. Pain and suffering covers both emotional and physical distress caused by the accident.
5. What Types of Pedestrian Injuries Are Most Common?
If you are facing a mountain of medical bills after an accident, it is likely that you are suffering from a mix of medical issues. Common issues range from traumatic brain injury to broken bones. Spinal injuries, bone fractures, tears and internal bleeding are not uncommon either.
Whether you or a loved one has been injured in an accident, an attorney can stand up for your rights and help you fight for the compensation you deserve. Edwin F. Brooks, Attorney at Law handles personal injury claims in Virginia. We understand that each case is complicated and involves serious consideration.
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