When Do I Consider Suing After Car Vs Pedestrian Accident?

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Brenton Armour
UX/UI Designer at - Adobe

Brenton Armour, the visionary founder and lead attorney at InjuryLawsuitHelper, boasts an impressive 15-year track record in personal injury law. His remarkable expertise spans cases...Read more

Car accidents involving pedestrians can be devastating, resulting in serious injuries or even death. In some cases, the driver may be at fault and the pedestrian may be left with mounting medical bills, lost wages, and emotional trauma. If you or a loved one has been involved in a car vs pedestrian accident, you may be wondering when it’s appropriate to consider suing. In this article, we’ll explore the various factors to consider before taking legal action.

First and foremost, it’s crucial to determine who was at fault for the accident. If the driver was negligent or acted recklessly, causing the accident, they may be liable for the pedestrian’s damages. However, if the pedestrian was jaywalking or otherwise behaving recklessly, they may be partially or fully responsible for the accident. It’s important to gather as much evidence as possible and consult with an experienced personal injury attorney to determine the best course of action.

When Do I Consider Suing After Car Vs Pedestrian Accident? If you have been involved in a car vs pedestrian accident and suffered injuries, you may be wondering whether you can sue. You should consider suing if the driver was negligent, and their negligence caused the accident. Negligence can include speeding, distracted driving, or failing to yield to pedestrians. You should also consider suing if you have significant medical bills, lost wages, or other damages resulting from the accident. Consulting with a personal injury lawyer can help you determine if suing is the right option for you.

When Do I Consider Suing After Car Vs Pedestrian Accident?

When Do I Consider Suing After Car Vs Pedestrian Accident?

Car accidents involving pedestrians can be devastating and life-altering. Pedestrians are more vulnerable to injuries compared to motorists, and the injuries sustained can be severe or even fatal. If you’ve been involved in a car accident as a pedestrian, you may be wondering whether you can sue the driver or not. In this article, we’ll discuss when you should consider suing after a car vs pedestrian accident.

When the Driver is at Fault

If the driver of the car was at fault for the accident, you may have a valid reason to sue. The driver may be at fault if they were speeding, driving under the influence of drugs or alcohol, distracted, or disobeying traffic laws. In such cases, the driver’s insurance company will likely offer a settlement to cover your medical expenses and other losses. However, if the settlement offer is not enough to cover all your damages, you may need to consider suing the driver.

Suing the driver can help you recover additional compensation for your losses, such as lost wages, pain and suffering, and future medical expenses. It’s important to consult with an experienced personal injury attorney to determine the best course of action.

When the Pedestrian is Partially at Fault

In some cases, the pedestrian may be partially at fault for the accident. For instance, if the pedestrian was jaywalking or crossing the street outside of a crosswalk, they may be found partially responsible for the accident. In such cases, the compensation you receive may be reduced by the percentage of fault attributed to you.

It’s important to note that some states have laws that prohibit pedestrians from suing if they were partially at fault. An attorney can help you understand the laws in your state.

When the Driver is Uninsured or Underinsured

If the driver doesn’t have insurance or has insufficient coverage, you may need to consider suing them to recover damages. However, if the driver does not have any assets, it may be difficult to recover compensation. In such cases, your own insurance policy may have uninsured/underinsured motorist coverage that can help cover your losses.

When the Driver’s Insurance Company Denies Your Claim

If the driver’s insurance company denies your claim, you may need to sue them to recover compensation. Insurance companies may deny claims for various reasons, such as a lack of evidence or a dispute over liability. In such cases, you’ll need to provide evidence to prove that the driver was at fault and that you suffered damages as a result of the accident.

The Benefits of Suing After a Car vs Pedestrian Accident

Suing after a car vs pedestrian accident can help you recover compensation for your losses, including medical expenses, lost wages, and pain and suffering. It can also hold the driver accountable for their actions and send a message that reckless driving will not be tolerated.

The Drawbacks of Suing After a Car vs Pedestrian Accident

Suing after a car vs pedestrian accident can be a lengthy and stressful process. It may take months or even years to resolve the case, and there’s no guarantee that you’ll win. Additionally, suing can be expensive, as you’ll need to pay for legal fees and court costs.

Suing vs Settling

In some cases, it may be better to settle with the driver’s insurance company rather than suing. Settlements are usually quicker and less expensive than going to court. However, settlements may not provide enough compensation to cover all your damages, and you may not be able to hold the driver fully accountable for their actions.

Choosing the Right Attorney

If you decide to sue after a car vs pedestrian accident, it’s important to choose the right attorney. Look for an attorney who specializes in personal injury law and has experience handling cases similar to yours. They should also have a good reputation in the legal community and be willing to fight for your rights.

The Bottom Line

Suing after a car vs pedestrian accident can be a difficult decision to make. It’s important to weigh the benefits and drawbacks carefully and consult with an experienced attorney before taking any legal action. Remember that every case is unique, and there’s no one-size-fits-all solution.

Frequently Asked Questions

When a car hits a pedestrian, it can be a traumatic experience for both parties involved. The pedestrian may sustain serious injuries, while the driver may be faced with potential legal action. If you have been involved in a car vs. pedestrian accident, you may be wondering when you should consider suing. Here are some frequently asked questions about this topic.

What are the criteria for suing after a car vs. pedestrian accident?

Before you consider suing after a car vs. pedestrian accident, you need to establish negligence. This means that you must prove that the driver acted in a way that was careless or reckless, and that this behavior directly caused the accident. You will also need to show that you suffered damages as a result of the accident, such as medical bills, lost wages, or pain and suffering.

If you can establish negligence and damages, you may have a strong case for suing. However, it is important to consult with an attorney who specializes in personal injury law to determine your legal options.

How long do I have to sue after a car vs. pedestrian accident?

The statute of limitations for personal injury lawsuits varies by state, but in most cases, you have two to three years from the date of the accident to file a lawsuit. It is important to consult with an attorney as soon as possible after the accident to ensure that you meet all deadlines and have the best chance of success in your case.

Waiting too long to file a lawsuit can result in your case being dismissed, so it is important to take action as soon as possible if you are considering suing after a car vs. pedestrian accident.

What damages can I recover in a car vs. pedestrian accident lawsuit?

If you are successful in your lawsuit after a car vs. pedestrian accident, you may be able to recover damages for a variety of losses. This can include medical expenses, lost wages, pain and suffering, and property damage. If the driver’s behavior was especially egregious, you may also be able to recover punitive damages, which are meant to punish the driver for their actions.

An experienced personal injury attorney can help you assess the damages you may be entitled to and build a strong case on your behalf.

How can I prove negligence in a car vs. pedestrian accident case?

To prove negligence in a car vs. pedestrian accident case, you will need to show that the driver had a duty of care to you as a pedestrian, that they breached this duty by acting carelessly or recklessly, and that this breach directly caused your injuries. This can be done through witness statements, police reports, and other evidence.

An experienced personal injury attorney can help you gather the evidence you need to prove negligence and build a strong case on your behalf.

Should I accept a settlement offer from the driver’s insurance company?

Before accepting a settlement offer from the driver’s insurance company, it is important to consult with an experienced personal injury attorney. Insurance companies often offer low settlements in an attempt to save money, and you may be entitled to more compensation than they are offering.

An attorney can help you assess the value of your case and negotiate with the insurance company on your behalf to ensure that you receive fair compensation for your injuries and losses.

In conclusion, the decision to sue after a car vs. pedestrian accident is a complex one that requires careful consideration. If you or a loved one has been injured in such an accident, it is important to seek legal advice from a qualified attorney. They can help you understand your rights and options, and guide you through the process of pursuing compensation for your injuries.

Remember, suing after an accident should not be taken lightly. It is important to weigh the potential costs and benefits of taking legal action, and to consider the impact that a lawsuit could have on your life and relationships. Ultimately, the decision to sue should be based on a careful evaluation of the facts of your case, and a realistic assessment of your chances of success.

If you do decide to pursue legal action, it is important to work with an experienced attorney who can help you navigate the legal system and fight for your rights. With the right support and guidance, you can hold those responsible for your injuries accountable and get the compensation you deserve.

Brenton ArmourUX/UI Designer at - Adobe

Brenton Armour, the visionary founder and lead attorney at InjuryLawsuitHelper, boasts an impressive 15-year track record in personal injury law. His remarkable expertise spans cases from minor injuries to devastating accidents, earning him a sterling reputation as a trusted and passionate advocate for justice. Brenton's unwavering dedication to his clients has cemented his position as a sought-after personal injury attorney.

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