Law Office of Alan Kansas, LLC

What Are My Legal Options If I Was Hit By A Vehicle While Walking?

The primary legal claim that a pedestrian who is struck by a vehicle has is against the driver of the vehicle. Likewise, if unsafe surroundings or traffic control devices malfunctioned, a claim against the responsible municipality can be brought forth. Once the guilty party has been discovered, the next process would be making the claim against the indicated party.

The most important thing to do following a car collision is to seek medical treatment to ensure that the victim is not severely injured. The other positive aspect of seeking immediate treatment is the effect that it will have on the claim. If the victim does not seek immediate treatment, then juries and insurance adjuster can assume that the victim was not really hurt. This will hinder the chances of recovering the maximum compensation for the damages endured.

The best car accident attorneys in Miami deals with pedestrian-vehicle collisions quite regularly and have recovered millions for their accident victims. Below will be described how to bring forth a claim towards a driver or a municipality that was negligent in their actions which cause the accident.

When the Claim is Against the Driver

When a vehicle strikes a pedestrian, the majority of the time, the driver would be liable for the accident. Even in cases where the pedestrian was not in a crosswalk but was still struck. Drivers have a responsibility to pay attention to hazards on the road and their surroundings. Drivers have a legal option to avoid and see what they should be seeing.

When a pedestrian is struck while on the crosswalk, there is no doubt in the driver being liable for the collision. Even in cases where the pedestrian was not walking in the crosswalk, they would still be able to prove the driver liable if they show how they did not purposely run into traffic or were paying attention to the road and their surroundings. A pedestrian cannot go in the middle of the street and have traffic stop for them; the pedestrian must use their common sense to prevent being struck by a vehicle.

When the Claim is Against the Municipality

Sometimes, it is not always the fault of the driver when a pedestrian-vehicle accident takes place. There are times when the accident might be the fault of the municipality in charge of maintaining the area safe and ensuring that the traffic controls are functioning well. Some examples where the fault would be of the municipality include when a traffic light is broken. If both the pedestrian and driver have green lights at the same time, the pedestrian can be struck by the vehicle, but not because of the driver’s error, but the fault of the municipality. However, if the pedestrian noticed that the oncoming traffic also had a green light and still proceeded to cross, then proving liability would be difficult to achieve.

Were You a Victim of a Pedestrian-Vehicle Crash?

Pedestrian-vehicle accidents are very dangerous because the pedestrian is exposed fully to the force of the impact. Thye have no protection that will reduce the severity of the injuries that they endure. Personal injury law firm handles pedestrian-vehicle accidents very delicately to ensure that the appropriate party is held liable whether it is a municipality or the driver of the vehicle.

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About the Author

Whether you are working through an employment law matter or think you have a personal injury case, Alan Kansas, Esq. can help you find the representation you need.