I Was Hit By a Car While Walking, Now What?
Being hit by a car while walking can be a traumatic and overwhelming experience that leaves you unsure about what steps to take next. At Meyer Injury Lawyers, we understand the physical, emotional, and financial challenges you're facing. This guide will walk you through the essential steps to protect your rights and seek appropriate compensation after being hit by a car while walking.
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To book a free consultation with an experienced personal injury attorney, please call us at 208-519-7224, or complete our contact form. Put Meyer Injury Lawyers on your side today.
I Was Hit By a Car While Walking, Now What?
Being hit by a car as a pedestrian is a traumatic experience that requires immediate action to protect your health and legal rights. Here are the essential steps you should take:
- Seek Medical Care: Get immediate medical attention, even if you initially feel fine, as some injuries may not be apparent immediately. Document all medical visits and treatments.
- Contact Law Enforcement: Ensure police document the incident with an official accident report, which will be crucial for your legal case.
- Gather Evidence: If possible, take photos of the scene, your injuries, and collect contact information from witnesses and the driver, including insurance details.
- Document Everything: Keep detailed records of all expenses, lost wages, medical bills, and how the injury impacts your daily life.
- Avoid Insurance Discussion: Do not provide statements to insurance companies or accept any settlement offers without consulting a pedestrian accident lawyer.
- Preserve Evidence: Keep all damaged personal items, medical records, and accident-related documents in a safe place.
- Follow Medical Orders: Attend all follow-up appointments and complete prescribed treatments, as gaps in medical care can affect your claim.
- Contact a Pedestrian Accident Lawyer: Reach out to a pedestrian accident lawyer who can protect your rights and handle communications with insurance companies.
- Watch What You Say: Avoid discussing the accident on social media or accepting blame, as these statements can impact your case.
- Know Your Rights: Understand that you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages.
Taking these steps after being hit by a car while walking can significantly impact your recovery and potential compensation. At Meyer Injury Lawyers, we're here to guide you through each step of this challenging process.
Common Injuries in a Pedestrian Car Accident
When a pedestrian is struck by a vehicle, the injuries can be severe due to the lack of protection and the significant force of impact. Understanding common injuries can help victims recognize symptoms and seek appropriate medical care. Here are the most frequent injuries in pedestrian-vehicle accidents:
- Traumatic Brain Injuries: These range from mild concussions to severe brain damage, potentially causing memory loss, cognitive issues, and long-term disability. Even if you feel fine initially, head injuries can develop serious symptoms hours or days after the impact.
- Spinal Cord Damage: Impact with a vehicle or the ground can cause vertebrae fractures, herniated discs, or complete spinal cord injuries, potentially resulting in partial or full paralysis that requires lifelong care and rehabilitation.
- Lower Extremity Injuries: Because vehicles often strike pedestrians at leg level, fractures and soft tissue damage to legs, knees, and hips are extremely common. These injuries may require multiple surgeries and extensive physical therapy.
- Internal Organ Damage: The force of impact can cause serious internal injuries to organs like the liver, kidneys, or spleen, often requiring emergency surgery and resulting in long-term health complications.
- Chest and Ribcage Trauma: The impact can cause broken ribs, punctured lungs, or other thoracic injuries that affect breathing and may lead to secondary complications like pneumonia.
- Facial Injuries: Contact with the vehicle or ground can cause facial fractures, dental damage, and severe lacerations that may require reconstructive surgery and result in permanent scarring.
- Psychological Trauma: Beyond physical injuries, many victims experience PTSD, anxiety, depression, and other psychological effects that require professional mental health treatment.
- Soft Tissue Injuries: Sprains, strains, and tears to muscles, ligaments, and tendons can cause chronic pain and limited mobility, often requiring extensive physical therapy.
- Road Rash: When victims are thrown and slide across pavement, severe skin abrasions can occur, leading to risk of infection and permanent scarring.
- Joint Injuries: Impact often damages joints like knees, ankles, shoulders, and wrists, potentially leading to chronic pain and early onset arthritis.
The severity of these injuries underscores why immediate medical attention is crucial after being hit by a vehicle, even if you feel fine initially. At Meyer Injury Lawyers, we understand how these injuries can impact your life and work to ensure your compensation covers both immediate and long-term medical needs.
What Are My Legal Rights If I Was Hit by a Car While Walking?
If you've been hit by a car while walking, you have significant legal rights under Idaho law. Understanding these rights is crucial for protecting your interests and securing fair compensation. Here are your key legal rights:
- Right to Seek Medical Care: You have the right to receive immediate and ongoing medical treatment for your injuries, and the at-fault driver's insurance may be required to cover these expenses.
- Right to Document Evidence: You have the legal right to gather evidence at the scene, take photographs, collect witness information, and obtain a copy of the police report to support your claim.
- Right to File an Insurance Claim: You can file a claim against the driver's insurance company for compensation, including claims for medical bills, lost wages, and pain and suffering.
- Right to Refuse Initial Settlement: You have the right to reject any initial settlement offers from insurance companies and negotiate for fair compensation that covers all your damages, both current and future.
- Right to Legal Representation: You have the right to hire a pedestrian accident lawyer to represent your interests, negotiate on your behalf, and protect your rights throughout the legal process.
- Right to File a Lawsuit: If negotiations fail to produce a fair settlement, you have the right to file a personal injury lawsuit within Idaho's two-year statute of limitations.
- Right to Full Compensation: You're entitled to seek compensation for all damages, including medical expenses, lost income, future medical care, pain and suffering, and reduced quality of life.
- Right to Privacy: You have the right to keep your medical information private and to limit what information you share with the driver's insurance company.
- Right to Comparative Negligence: Even if you were partially at fault, under Idaho's comparative negligence law, you may still recover damages as long as you were less than 50% responsible for the accident.
- Right to Future Damages: You have the right to seek compensation for anticipated future medical expenses and long-term care needs related to your injuries.
At Meyer Injury Lawyers, we work to protect these important legal rights and help ensure you receive the full compensation you deserve after being hit by a car while walking. Remember, taking prompt action to exercise these rights can significantly impact the outcome of your case.
Who Pays My Medical Bills After Being Hit as a Pedestrian?
After being hit by a car as a pedestrian, understanding who is responsible for your medical bills can be complex. Multiple sources may cover these expenses, and knowing your options ensures you receive proper medical care without unnecessary financial burden. Here are the potential payment sources:
- Driver's Auto Insurance: The at-fault driver's liability insurance typically serves as the primary source for covering your medical expenses, subject to their policy limits and after liability is established.
- Your Health Insurance: Your personal health insurance can cover immediate medical bills while the auto insurance claim is pending, though they may seek reimbursement (subrogation) from any future settlement.
- Medical Payments Coverage: If you have auto insurance with medical payments coverage (Med Pay), it can cover your medical bills regardless of fault, even when you're injured as a pedestrian.
- Personal Injury Protection (PIP): If you have PIP coverage on your auto policy, it can provide immediate payment for medical bills and lost wages, regardless of who caused the accident.
- Hospital Liens: Medical providers may place a lien against your future settlement, allowing you to receive treatment while deferring payment until your case resolves.
- Workers' Compensation: If you were walking for work-related purposes when hit, workers' compensation insurance may cover your medical bills and provide additional benefits.
- Medicare/Medicaid: These government programs can cover medical expenses if you qualify, though they may require reimbursement from any settlement you receive.
- Letters of Protection: A pedestrian accident lawyer can help arrange treatment with medical providers who agree to wait for payment until your case settles.
- Uninsured/Underinsured Motorist Coverage: If the driver lacks insurance or has insufficient coverage, your own auto insurance's UM/UIM coverage may apply, even though you were walking.
- Settlement or Court Award: The final resolution of your case should include compensation for all past and future medical expenses related to your injuries.
At Meyer Injury Lawyers, we help coordinate with these various payment sources to ensure you receive necessary medical care without financial hardship. We work to maximize your compensation and manage any reimbursement claims, allowing you to focus on recovery rather than medical bills.
What Compensation Can I Pursue After Being Hit by a Car as a Pedestrian?
After being hit by a car as a pedestrian, you may be entitled to various forms of compensation to help make you "whole" again. Understanding these different types of damages helps ensure you pursue full and fair compensation for all impacts of the accident. Here are the key categories of compensation available:
- Medical Expenses: Coverage for all current and future medical care, including emergency treatment, hospital stays, surgeries, medications, physical therapy, rehabilitation, and any necessary medical equipment or home modifications.
- Lost Income: Compensation for wages lost due to your injuries, including time missed for medical appointments, recovery periods, and any reduction in your future earning capacity due to permanent limitations.
- Pain and Suffering: Monetary compensation for physical pain, discomfort, and suffering experienced due to your injuries, both immediately after the accident and during your recovery period.
- Emotional Distress: Compensation for psychological impacts such as anxiety, depression, PTSD, fear of walking near traffic, sleep disturbances, and other emotional trauma resulting from the accident.
- Loss of Quality of Life: Damages for reduced enjoyment of life, including inability to participate in hobbies, sports, or social activities, and changes to your lifestyle due to permanent injuries.
- Property Damage: Reimbursement for personal items damaged in the accident, such as clothing, electronics, eyeglasses, or other personal belongings.
- Out-of-Pocket Expenses: Coverage for direct costs related to your injury, including transportation to medical appointments, home care services, and necessary household assistance.
- Permanent Disability: Additional compensation if your injuries result in lasting disabilities that affect your ability to work, perform daily activities, or live independently.
- Disfigurement: Compensation for permanent scarring, disfigurement, or visible injuries that affect your appearance and self-image.
- Loss of Consortium: Damages available to your spouse or family members for loss of companionship, support, and relationships affected by your injuries.
At Meyer Injury Lawyers, we understand the full scope of damages available and work diligently to document and pursue all forms of compensation you deserve. Every case is unique, and we carefully evaluate your specific circumstances to ensure no aspect of your damages goes unclaimed.
How a Pedestrian Accident Lawyer Can Help
At Meyer Injury Lawyers, we understand how overwhelming it can be to handle a pedestrian accident case on your own. Our dedicated legal team provides comprehensive support throughout your case. Here's how we help protect your rights and pursue maximum compensation:
- Case Investigation: Our team thoroughly investigates your accident, gathering crucial evidence including surveillance footage, witness statements, police reports, and expert analysis to build a strong foundation for your case.
- Medical Documentation Management: We collect and organize all medical records, bills, and treatment plans, ensuring every injury and expense is properly documented to support your compensation claim.
- Insurance Negotiation: Our attorneys handle all communications with insurance companies, protecting you from potentially damaging statements and advocating for fair compensation rather than quick, lowball settlements.
- Liability Determination: We identify all potentially liable parties, including the driver, vehicle owner, their employer, or even government entities responsible for road maintenance or traffic signal operation.
- Damage Calculation: Our experience allows us to accurately value your claim, including current and future medical expenses, lost wages, pain and suffering, and other damages you may not know you're entitled to receive.
- Legal Deadline Management: We ensure all legal documents are filed within Idaho's statute of limitations and meet all court-required deadlines, protecting your right to pursue compensation.
- Evidence Preservation: Our team acts quickly to preserve critical evidence that might otherwise be lost, such as traffic camera footage, vehicle data, or witness testimony while memories are fresh.
- Medical Care Coordination: We can help arrange medical treatment with providers willing to wait for payment until your case resolves, ensuring you receive necessary care without immediate financial burden.
- Settlement Evaluation: We provide honest, informed guidance about whether settlement offers are fair, helping you make educated decisions about accepting or rejecting proposed settlements.
- Trial Representation: If a fair settlement cannot be reached, we're prepared to take your case to trial, presenting compelling evidence and arguments to pursue the compensation you deserve.
Our pedestrian accident lawyers will handle every aspect of your pedestrian accident case, allowing you to focus on recovery while we work to secure the compensation you deserve. Our commitment to your case extends from the initial consultation through final resolution, whether through settlement or trial.
Get Help After Being Hit By a Car
If you've been hit by a car while walking in Eagle or the greater Idaho area, don't face the challenges alone. At Meyer Injury Lawyers, we combine our dedication to pedestrian accident victims with detailed knowledge of Idaho law. Contact us today for a free consultation, and let us help you take the first step toward recovery and fair compensation.
No Win No Fee
To book a free consultation with an experienced personal injury attorney, please call us at 208-519-7224, or complete our contact form. Put Meyer Injury Lawyers on your side today.
Hit By a Car While Walking FAQs
Can I still pursue compensation if I wasn't using a crosswalk when hit? While using a crosswalk is the safest choice, you may still be eligible for compensation even if crossing elsewhere. Idaho follows comparative negligence laws, meaning you can recover damages as long as you are less than 50% responsible for the accident.
How long will a pedestrian accident case typically take to resolve? The timeline varies significantly based on factors like injury severity, insurance cooperation, and whether the case goes to trial. While some cases settle within months, complex cases involving serious injuries may take one to two years to reach a fair resolution.
What if the driver who hit me was uninsured? If you have auto insurance with uninsured motorist coverage, it typically covers you even as a pedestrian. Additionally, we can investigate other potential sources of compensation, including your own health insurance or pursuing the driver's personal assets.
Should I provide a recorded statement to the insurance company? We strongly advise against giving recorded statements to insurance companies without legal representation. These statements can be used to minimize your claim or shift blame. Let our team handle all insurance communications to protect your interests.
What if I was walking at night when the accident occurred? While walking at night may affect visibility, drivers still have a duty to watch for pedestrians and exercise reasonable care. Factors like street lighting, your clothing, and the driver's speed and attention will all be considered in determining liability.
If my injuries seem minor, should I still seek legal help? Yes, because some injuries worsen over time, and early symptoms may not reveal the full extent of damage. Having legal representation from the start helps protect your rights and ensures proper documentation if your condition deteriorates.
What documentation should I keep after the accident? Save all medical bills, receipts for out-of-pocket expenses, correspondence with insurance companies, photos of injuries, damaged property, wage loss verification from your employer, and a daily journal documenting your pain and limitations.
Can I recover damages if my actions partially contributed to the accident? Yes, under Idaho's comparative negligence law, you can still recover damages even if you are partially at fault, as long as you're less than 50% responsible. Your percentage of fault would reduce your compensation.
What if the accident aggravated a pre-existing condition? You can still seek compensation for the worsening of a pre-existing condition. The "eggshell plaintiff" rule means the at-fault party is responsible for damages even if your pre-existing condition made your injuries more severe.
How does Idaho's statute of limitations affect my case? Idaho generally allows two years from the accident date to file a lawsuit. However, certain circumstances may affect this deadline, so consult with us promptly to protect your legal rights.