What Are Your Legal Options as a Pedestrian Hit by a Car?
Car accidents can be terrifying experiences, especially when pedestrians are involved. One negligent act by an Oklahoma driver can leave a helpless pedestrian struggling for the rest of their lives. After being struck by a motor vehicle, pedestrians often face costly medical expenses and life-long injuries.
Pedestrian accidents in Oklahoma are on the rise. In 2020, there were 586 car accidents involving pedestrians. This number increased by 16% in 2021, totaling 680 pedestrian-involved motor vehicle accidents. More alarming, fatalities rose by 20.9%, increasing from 86 deaths in 2020 to 104 in 2021.
While no one ever plans to get hit by a vehicle, it’s essential to know what to do if it happens to you. Taking the right steps after a pedestrian accident can significantly impact your financial and physical recovery. Whether you’ve sustained severe injuries or lasting psychological damage, the skilled motor vehicle accident attorneys at Aizenman Law Group can explain your pedestrian accident legal options and help you secure the compensation you deserve.
Take Immediate Steps to Ensure Safety
To protect your health and your potential legal claims, it’s crucial to avoid further harm and take immediate action after being struck by a vehicle. Follow these steps whenever possible:
Seek Emergency Medical Assistance
If you or anyone else at the accident scene requires medical attention, call 911 or other emergency responders. Even if injuries seem minor, seeking professional help ensures they don’t worsen. Adrenaline can mask symptoms of severe injuries, and some conditions, like traumatic brain injuries, (TBI) may have delayed symptoms that appear days or weeks later. The sooner you receive medical attention, the better it will be for your recovery and for documenting your injuries.
Contact Law Enforcement
Contacting law enforcement following a pedestrian accident helps ensure safety and provides an official record of the incident. Police officers will create an accident report detailing the parties involved, witness statements, and the officer’s impressions of fault. This report can be a critical piece of evidence when exploring your legal options as a pedestrian after an accident.
In Oklahoma, drivers are legally required to report accidents resulting in injury. However, pedestrians should call the police themselves whenever possible to ensure this obligation is fulfilled. Specific details can become unclear as time passes, making the accident report invaluable for preserving important facts.
Common Injuries Sustained in Pedestrian Accidents
Motor vehicle accidents involving pedestrians can lead to a wide range of injuries. The severity often depends on the vehicle’s speed, size, and the angle of impact. Common injuries include:
- Fractures and Breaks
- Soft Tissue Injuries
- Head and Brain Injuries
- Spinal Cord and Neck Injuries
- Psychological Trauma
Any of these injuries can significantly impact a victim’s daily life. Fractures can cause victims to take extended time off work, causing significant financial strain. Traumatic brain injuries have long-term effects, such as memory loss or nausea, which can permanently impair quality of life. Additionally, psychological effects like Post-Traumatic Stress Disorder (PTSD) can lead to symptoms like flashbacks, anxiety, nightmares, and difficulty sleeping. Understanding your pedestrian accident legal options is crucial to recovering compensation.
Determining Fault in Pedestrian Accidents
Fault in pedestrian accidents is often shared between the driver and the pedestrian. This concept of shared responsibility, known as negligence, can significantly impact the compensation a pedestrian may recover.
Driver Negligence
Drivers are typically considered negligent if they:
- Speed
- Drive under the influence
- Use their phones while driving
- Disregard traffic laws
These actions are often at the center of claims involving pedestrian accidents and legal compensation.
Pedestrian Responsibilities
Pedestrians also have a duty to follow traffic rules. Actions such as jaywalking, stepping outside of crosswalks, or being under the influence of drugs or alcohol can weaken a potential claim. Under Oklahoma’s modified comparative fault, system each party’s liability is determined based on their level of fault. If a party is more than 50% responsible for the accident, they cannot recover damages. If a pedestrian is partially at fault but not primarily responsible, their compensation is reduced by their percentage of fault. For instance, if a pedestrian is 20% at fault and the driver is 80% at fault, any awarded damages will be reduced by 20%.
Given how critical each piece of evidence is in assigning fault, pedestrian accident victims need skilled legal representation to build a strong case and maximize their compensation.
Legal Action Following a Pedestrian Accident
After being hit by a motor vehicle, it’s important to consult a personal injury attorney as soon as possible. Early legal intervention clarifies the next steps regarding timelines, potential recovery, and necessary evidence. Knowledgeable attorneys also handle negotiations with insurance companies, ensuring you don’t make statements that could harm your case or accept lowball settlement offers.
Filing a Personal Injury Lawsuit
If negotiations stall, filing a lawsuit may become necessary. In Oklahoma, you generally have two years from the accident date to file a personal injury lawsuit. Litigation involves more formal processes like evidence exchange, depositions, and potentially going to trial. While it can be time-consuming, litigation often increases the pressure on insurance companies to offer fair settlements as the trial date approaches.
Medical Support and Expert Documentation
An experienced attorney can connect you with trusted medical professionals who specialize in treating accident-related injuries. These experts can document the care required to support your recovery, which strengthens your case. Detailed medical records are invaluable when pursuing compensation for medical bills, lost wages, and other damages.
Trust Aizenman Law Group to Maximize Your Compensation
If you’ve been struck by a motor vehicle you likely have serious injuries, mounting bills, and uncertainty regarding your future. The attorneys at Aizenman Law Group have extensive experience helping accident victims get their lives back on track. Available 24/7, our team is here to help you navigate this challenging time.
With a team of former insurance defense attorneys, we understand the tactics insurance companies use to minimize payouts. Whether connecting you with the right medical professionals or representing you at trial, we will be with you every step of the process and we never back down from a legal battle.
Don’t wait- evidence fades, and legal deadlines can creep up quickly. Call Aizenman Law Group at 918-215-8856 any time day or night for a no-cost consultation. Let’s work together to get you the compensation you need to move forward.
