Can an Injured Pedestrian File a Claim Against the Negligent Driver?

Being involved in an automobile accident can be one of the most traumatizing experiences a person ever endures. With that being said, if you get into an accident, it’s important to understand what happens next to avoid making mistakes at the scene. This article will discuss how fault is determined, what you should do if you’re a pedestrian involved in an accident, and what you can do to avoid this situation in the future.

Who will be held liable?

If a pedestrian is struck by a car while crossing the street, then there should definitely be a claim filed against the driver if the driver was in any way at fault. Since car accident laws vary according to state, it’s important to contact a local lawyer that’s familiar with the state law. So, if you are in Florida, it’s best to contact Jacksonville or Spring Hill personal injury attorneys that will guide you through the process of filing a claim. There are a few factors that will be considered when determining who will be held liable for the accident, and they are as follows:

  • Weather conditions
  • Driving under the influence
  • Distracted driving
  • Running a red light or stop sign
  • Speeding
  • Whether or not the pedestrian had the walk signal or not
  • Jaywalking
  • Turning left without looking for pedestrians

Regardless of whether or not you think the driver was at fault, it is imperative to hire a lawyer to stand by you during the process. The last thing you want to happen is to think you don’t need a lawyer and then realize after it’s too late that the other party is pressing charges and you don’t have any legal help.

What should I do if I’m involved in an accident?

A pedestrian is hit by a driver every hour and a half. The statistics are startling, but it helps to know what to do if you find yourself as a victim of a negligent driver. Here’s what to do.

  • Call 911

Don’t waste any time before dialing 911. You will need paramedics to check you for serious injuries and a police officer to mitigate. Don’t allow the other driver to convince you to leave the police out of it — -this should be a red flag. Call 911 immediately.

  • Call a lawyer

It’s best if you can get a lawyer on the scene because a legal expert knows what evidence will be needed if you go to court. It will also help the lawyer defend you and argue who is at fault later. As aforementioned, a lawyer should be hired as soon as possible to ensure that the right person is held responsible.





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