Walking should never be dangerous. For many people, a simple walk in the park, down the street with a dog, or around town can lead to serious injury when a driver who is not paying attention strikes you. When that happens, our legal team is here to help you, but it is critical to know what your rights are and what steps to take to protect yourself. A Buffalo pedestrian accident lawyer can help you file a claim for compensation.
Pedestrians Have the Right to Seek Compensation
If you are hurt in a car accident as a pedestrian, you have the right to hold that driver accountable for your losses in most situations. To do so, you must be able to prove that they were negligent. Drivers are typically responsible for taking every measure they can to avoid striking a pedestrian. Few limitations apply to this. For example, if a person runs out into the middle of traffic with no warning, the driver may not be able to stop.
More commonly, these accidents happen for reasons such as:
- Distracted drivers
- Impairment
- Fatigue
- Poor lighting or weather conditions
- Reckless driving
If you were hurt in a car accident like this, you likely have the right to pursue your losses from the at-fault party. To do that, you will need to file a claim against their liability insurance or, if they do not have any, seek compensation through a lawsuit filed against the party. A pedestrian accident attorney in New York will guide you.
In New York, 17 people suffer serious injuries, such as the loss of a limb, serious head trauma, or other life-changing injuries from car accidents every week. If you were hurt, you have rights.
What You Do After the Accident Matters
It is also important to take action right after the accident to protect yourself and your rights. If you are struck by a car, and you have the ability to move out of the way, do so. That prevents further injuries. Do not leave the scene. Instead, stay where you are safe and call 911.
If the driver that hit you does not stop, try to take photos of that driver. Call for help so others can take photos. The police will work, and often do, to find the hit-and-run driver.
When the driver does stop, follow these guidelines:
- Avoid making any statements that seem to imply you were at fault, such as apologizing or stating that you did not see them.
- Take photos of the accident location as well as the surrounding area. Be sure to photograph the car as well as the conditions present at the time, such as wet roadways.
- Get the driver’s contact information, along with the details of their insurance company.
- Provide the police with a statement of what occurred. Be sure to document any facts about what you saw occurring. Do not speculate on the cause of the accident.
- Get to the hospital for medical care. Even if you feel fine, having a full check-up is nearly always beneficial in pedestrian accidents because of the risk of internal injuries and head trauma.
Once you take these steps, focus on your injury recovery. It is critical to know that you are not alone in this process. Insurance companies are not on your side, but your pedestrian accident lawyer will be there to guide and support you. The sooner you contact an attorney to build a case, the more they can do to minimize additional risks to you.