A driver who runs over a pedestrian inflicts devastating physical, emotional, and financial harm. Severe injuries may cause permanent disabilities that prevent you from working, while the psychological trauma diminishes your quality of life.
If a driver's negligence caused your injuries, you have the right to pursue compensation. However, the at-fault party’s insurance company may deny your claim or argue you caused the accident. At that point, you may need to sue the party who ran you over.
An experienced Billings pedestrian accident attorney explains your rights and builds a strong case on your behalf. A lawyer investigates the crash, gathers evidence to establish the driver's fault, and pursues the full compensation you deserve.
Proving Negligence: The Legal Basis for Your Lawsuit
To win a lawsuit against a driver who hit you, you must prove they acted negligently. Negligence is the failure to use the same level of care that a reasonably careful person would in a similar situation. A lawyer helps you establish the four elements of negligence:
- Duty of Care: All drivers have a legal duty to operate their vehicles safely and avoid harming others on the road, including pedestrians.
- Breach of Duty: The driver breached this duty by acting carelessly or recklessly. Examples include speeding, texting while driving, failing to yield at a crosswalk, or driving under the influence.
- Causation: The driver's breach of duty directly caused your injuries.
- Damages: You suffered measurable losses, such as medical bills, lost wages, and pain and suffering, as a result of the injuries.
When to File a Lawsuit
Filing a lawsuit becomes necessary when an insurance company refuses to offer a fair settlement. Common reasons to escalate your claim to a lawsuit include:
- Disputes Over Fault: The insurer unfairly blames you for the accident to reduce or deny your claim.
- Low Settlement Offers: The insurer offers a quick, low payment that fails to cover the full extent of your long-term medical needs and financial losses.
- Claim Denials: The insurance company wrongfully denies your valid injury claim, leaving you with no other option to recover compensation.
Here are some key reasons why you can sue someone for running you over:
Severe Injuries
Pedestrians are incredibly vulnerable in accidents involving vehicles. The impact of being struck by a car, truck, or motorcycle can result in severe injuries such as broken bones, spinal cord injuries, traumatic brain injuries, and internal organ damage.
These injuries can lead to substantial medical expenses, ongoing rehabilitation costs, and lost income due to inability to work. You can demonstrate the severity of your injuries before a judge or jury, increasing your chances of receiving compensation for your losses.
Permanent Disability
In some cases, being run over by a vehicle can result in permanent disability. Permanent disabilities can significantly impact your quality of life, your ability to work, and your independence.
Suppose you have suffered a permanent disability as a result of being struck by a vehicle. In that case, you may be entitled to compensation for ongoing medical care, loss of earning capacity, and pain and suffering.
The at-fault party’s insurer may downplay the effects of permanent disability by making a low settlement offer. Your intention to file a personal injury lawsuit can force the insurer to offer a higher settlement.
A Low-Settlement Offer
Insurance companies representing the at-fault driver may try to offer you a quick settlement soon after the accident. These initial settlement offers are often inadequate and may not cover the full extent of your damages.
An attorney can evaluate the insurance company's offer in comparison with your losses and advise whether to accept or reject the claim. Most importantly, they can initiate personal injury lawsuits for a higher settlement offer.
A Rejected Personal Injury Claim
It is incredibly frustrating to face a rejected personal injury claim from the at-fault party’s insurer. Filing a personal injury lawsuit can provide you with a second chance to seek the compensation you deserve for your injuries.
When a claim is rejected, the insurance company often believes it can avoid liability and not pay the full amount owed. By filing a lawsuit, you are escalating the matter to a legal setting where a pedestrian accident attorney can present evidence before a judge or jury.
Filing a personal injury lawsuit can lead to a more impartial review of your case and potentially a better outcome.
What Determines the Value of a Pedestrian Accident Claim?
No two pedestrian accident cases are the same, so there is no average settlement amount. The value of your claim depends on the specific details of the incident and your resulting losses.
The following factors influence the amount of compensation a lawyer pursues on your behalf:
Severity of Your Injury
The extent of your injuries will directly impact various aspects of your case, including the compensation you may be entitled to receive. For example, a minor injury such as whiplash may result in lower medical expenses and less time off work compared to a severe injury like a traumatic brain injury.
The higher the severity of an injury, the higher the likelihood of receiving a higher settlement value. A higher settlement value covers monetary and non-monetary losses related to the injury. They can also cover structural adjustments to your home or car to cope with your new reality.
A pedestrian accident attorney can use medical records to prove the extent of your injury and support your compensation claim.
Shared Fault
Shared fault refers to situations where the pedestrian and the driver share some level of responsibility for the accident. Many states use the comparative fault rules, which can reduce the settlement value of the injured victim by their share of responsibility.
A pedestrian accident attorney will investigate the accident and use the evidence to build a strong case and shield you from being unfairly blamed for the crash.
Insurance Coverage of the At-fault Party
In many instances, the at-fault party’s insurer is the source of compensation for the injured victim. Therefore, the negligent driver’s insurance limits directly impact the amount you can potentially sue for.
If the at-fault party has minimal coverage, your ability to recover compensation may be restricted. On the other hand, if they have substantial coverage, more resources may be available to cover your damages.
For example, if the negligent driver only carries the state’s minimum required insurance, it might not be sufficient to compensate you for economic and non-economic damages. However, you may receive a higher settlement value if the at-fault party has additional coverage or umbrella policies.
Availability of Evidence
Although you may be entitled to compensation for your injury-related losses, you must prove the motorist’s negligent actions. You, therefore, require evidence to support your pedestrian accident lawsuit.
The availability of strong evidence increases your chances of receiving a fair settlement value.
Here are different sources of evidence that enhance the value of your claim:
- Police Reports: Official reports filed by the responding law enforcement officers can provide essential details about the accident, including statements from drivers and witnesses, observations about road conditions, and any citations issued.
- Witness Statements: Eyewitness accounts from individuals who saw the accident can offer valuable insight into what happened. Their testimony can corroborate your version of the crash and provide additional perspectives on the accident’s circumstances.
- Medical Records: Documentation of your injuries, treatments, and medical expenses can prove the extent of injuries and losses. A pedestrian accident attorney can use medical records to support your compensation claim for medical expenses.
- Photographs/Videos: Visual evidence, such as photographs or videos taken at the accident scene, can depict the damages, injuries, and overall impact of the collision.
- Expert Opinions: Testimony from accident reconstruction specialists, medical experts, or other professionals can offer expert opinions on various aspects of the case. Their experience can provide an objective analysis of the crash and strengthen your claim.
- Damages Documentation: Keeping detailed records of your losses, invoices, credit card statements, bank statements, hospital bills, and receipts of out-of-pocket expenses can quantify the financial impact of the accident.
- Communication Records: Correspondence with insurance companies, healthcare providers, and other relevant parties can provide a timeline of events and interactions following the accident. The documented trail can create a clear link between the crash and injuries.
How Can an Attorney Strengthen Your Claim?
An attorney manages every aspect of your case so you may focus on your recovery.
A lawyer handles:
Investigation and Evidence Gathering
One of the key roles of an accident lawyer is to investigate the circumstances surrounding the accident. They will gather evidence, such as police reports, witness statements, and expert testimony, to build a strong case on your behalf.
By meticulously analyzing the details of the accident, a skilled pedestrian accident attorney can identify the liable party and establish the necessary proof to support your claim.
Legal Knowledge and Guidance
It is a daunting task to deal with an injury lawsuit if you don’t have a legal background. A lawyer brings knowledge and experience to the table, guiding you through each step of the legal process.
An attorney will evaluate the circumstances of the case and determine if it’s worth pursuing a claim against the negligent party. They will also give you legal advice so you can make appropriate decisions that protect your legal right to compensation.
A pedestrian accident attorney also understands the legal timelines and deadlines applicable to your case. For instance, the personal injury statute requires injured victims to file a lawsuit within a specific timeline.
A lawyer will initiate a timely lawsuit so you don’t lose your right to compensation.
Establishing the Value of Your Damages
You’re likely to accept a low settlement value and recover from an injury if you understand the value of your damages. An attorney understands the present and future impact of an injury.
They also understand the applicable damages you can pursue in a personal injury claim or lawsuit. They can also use evidence to demonstrate the impact of the injury and why you should receive compensation for these losses.
Negotiation Skills
Insurance companies often try to settle accident claims quickly and for lower amounts than victims deserve. A proficient accident lawyer is adept at negotiating with insurance adjusters to secure a fair and just settlement on your behalf.
By leveraging their negotiation skills and legal knowledge, a personal injury attorney can advocate for your best interests and strive to maximize the compensation you receive for your injuries and damages.
Litigation Representation
In cases where a fair settlement cannot be reached through negotiation, a pedestrian accident attorney is prepared to take your case to court. A lawyer will perform the following roles in court:
- Presenting evidence
- Cross-examining witnesses
- Negotiating before trial
- Objecting to improper conduct
- Making legal arguments
- Delivering opening and closing statements
With a pedestrian accident attorney by your side, you can rest assured that your rights will be protected throughout the litigation process. They will work tirelessly during court proceedings so that you obtain a fair settlement value that matches your losses.
Peace of Mind
Dealing with the aftermath of an accident can be emotionally taxing, especially when you are coping with injuries and financial losses. A personal injury lawyer can take some of the burden off your shoulders.
With a trusted attorney, you can focus on recovery while they handle the legal aspects on your behalf.
What Types of Compensation Can You Recover?
Initiating a personal injury lawsuit allows you to obtain compensation for your injury-related losses. You can obtain various damages depending on the evidence and circumstances of your injury.
Some of the damages you can receive after a car hits you include:
- Medical expenses
- Lost income
- Out-of-pocket expenses
- Pain and suffering
- Emotional anguish
- Loss of companionship
- Loss of enjoyment in life
- Permanent disability/disfigurement
- Punitive damages
Frequently Asked Questions About Pedestrian Accidents
What should I do immediately after being hit by a car?
First, call 911 to report the accident and request medical assistance, even if you feel fine. Do not leave the scene.
If you can, get the driver's name, contact information, and insurance details. Take photos of the scene, the vehicle, and your injuries. Avoid discussing fault or apologizing. See a doctor as soon as possible to document your injuries.
What happens if the driver who hit me is uninsured or underinsured?
If the at-fault driver has no insurance or not enough to cover your damages, you may file a claim through your own auto insurance policy. Uninsured/Underinsured Motorist (UM/UIM) coverage is designed for this situation.
An attorney helps you explore all available insurance policies to find sources of recovery.
Will I have to go to court?
Most personal injury cases settle out of court. Lawyers typically resolve claims through direct negotiation with the insurance company or through a formal mediation process. However, if the insurer refuses to make a fair offer, your attorney must prepare to take your case to trial to fight for the compensation you deserve.
You Don’t Have to Face the Aftermath Alone. A Personal Injury Lawyer Is Standing By
If you or a loved one has suffered an injury by being hit, you can face long recovery times and mounting doctor bills. You’re likely to endure financial strain after sustaining an injury in a car crash.
A severe injury like a broken bone can keep you out of work for several months, leading to lost income. The subsequent treatment plan can also drain your financial resources.
Although you may be entitled to compensation for these losses, you must demonstrate how the negligent actions of the at-fault party led to the accident. You can take control of your compensation claim by working with a legal professional. Personal injury attorneys experienced in pedestrian accidents can account for all of your damages.
A Montana personal injury attorney can gather compelling evidence to demonstrate negligence and support your compensation claim. They can also negotiate with insurers for a fair settlement. If they will not settle, your attorney can take your case to court. Hiring a lawyer can maximize your settlement value.
Don’t delay, there are strict timelines for filing claims. Get in touch with a personal injury attorney for legal support.