Do I Have a Pedestrian Accident Claim If I Was Hit By a Car?

If you were a pedestrian hit by a car, you have the right to pursue a pedestrian accident claim against the driver. The most important thing you need to focus on is getting the right medical treatment. Your injuries may be more serious than they appear due to the impact of a vehicle striking you. With the help of experienced accident attorneys, you can better understand your options to pursue a pedestrian accident claim.

Documenting Your Pedestrian Accident Claim

Treating your injuries is your first priority. If the accident was particularly bad, ambulance transport to the emergency room may be necessary. Even if the accident was minor, you should still seek immediate medical treatment, because your initial injuries may worsen. Getting to a doctor documents your injuries and creates a solid claim.

To further document your claim, cooperate with the police investigation and request a copy of the incident report. Take photos of the scene and of the car if you can. Also useful is contact and insurance information of the other driver and of any witnesses.

Insurance adjusters want to devalue or deny injury claims, even when injuries are obvious. Preparing yourself with a fully documented claim protects your right to compensation.

Know the Liability Issues Affecting Your Claim

Drivers have an obligation to pay attention to the road while driving and look out for pedestrians. But an issue of comparative negligence may complicate a pedestrian claim. For example, the driver could have been speeding, and the pedestrian could have been jaywalking.

Nevada is a modified comparative negligence state. This means your case will compare the negligence of both parties and assign percentages in their share of the blame for the accident. Consequently, a pedestrian’s percentage of fault will reduce any recovery the pedestrian receives. If the pedestrian was more than 50% at fault, there is no recovery.

You didn’t expect to be in an accident when out as a pedestrian, but you deserve to get back on your feet. Insurance companies take advantage of injury law to find a way to blame you and deny you full compensation. Your case can benefit from the support of experienced personal injury attorneys. At Sam & Ash, LLP, we hold the insurance company accountable for everything they owe you. Call us 24/7 at 1 (800) 304-2000 for a free case consultation.

Author: Sam Mirejovsky

For more than 20 years, Sam Mirejovsky has been helping people who have been hurt due to negligence and wrongdoing. Bringing a client-centered approach to every case, Sam believes that getting the care you need and the justice you deserve is only achieved when you take the time to understand your client and their personal circumstances. This mindset has helped him change the landscape of personal injury law and recover millions of dollars for injured people and their families.