Dealing with pedestrian accident cases can be very complicated, especially when liability is not clear. Just because you are the pedestrian doesn't mean the motor vehicle is always at fault.
If you've been involved in an accident as a pedestrian, you may have a claim against the negligent party. However, you should be careful to document and observe your injuries as sometimes memories can fade.
You should make sure you got the names and contact information for any and all witnesses who may have seen the accident occur. Witness statements can be very helpful. If you had any visible injuries, make sure you take photos of them - have a friend or family member take photos if it's hard for you to do so on your own. If any personal articles were damages, make sure you don't throw them away, or at the very least, take photos of the items damaged.
If you were partly to blame for the accident you may bear some responsibility, which may reduce your eventual recovery. For example, if you were 50% at fault, your recovery may be reduced by 50%.
However, just by being a pedestrian doesn't mean you will win your case every time. Every pedestrian has the duty to obey traffic laws and to reasonably observe traffic conditions. Generally speaking, pedestrians should not begin or continue their forward course across a street if they are aware of approaching cars. That is just plain common sense. Some people think the pedestrian is always in the right, but that isn't the case.
If you were injured as a pedestrian, you may recover damages for past and future medical expenses, past and future wage loss, past and future pain and suffering. If the defendant's conduct is extremely negligent, punitive damages may be awarded. That is hard to prove, because you need to show the defendant intended to harm the pedestrian, or was doing something so crazy that anyone would have known someone could get hurt. If the pedestrian dies, his or her survivors are entitled to recover full compensation for their economic losses that result from the pedestrian's death, as well as damages which stem from the loss of society care and comfort of the decedent. That would be a wrongful death action.
It is almost always a good idea to retain an attorney in a pedestrian accident case because there usually will be some questions related to fault and comparative negligence. Expert witnesses may need to be retained to reconstruct the accident factors, and help determine responsibility for the accident.
You should provide a lawyer with any documents that might be relevant to your case. Police reports, for example, contain eyewitness information and details about the conditions surrounding auto accidents. Just because a police report is against the pedestrian doesn't mean the pedestrian doesn't have a case...it just makes it more difficult. Copies of medical reports and bills from doctors and hospitals will help demonstrate the extent and nature of your injuries. Information about the insurer of the person who caused your injury is extremely helpful, as are any photographs you have of the accident scene, your property damage, and your injury. The more information you are able to give your lawyer, the easier it will be for him or her to determine if your claim will be successful. If you haven't collected any documents at the time of your first meeting, however, don't worry; your lawyer will be able to obtain them during investigation of your claim.
Being involved in an accident as a pedestrian can be a very scary and traumatic event. The advice of a good lawyer can be very helpful in resolving your claim against the party at fault.
