Whether headed to work or simply trying to get some exercise, a walk across town often feels routine. Unfortunately, a split second can change everything. One minute you are stepping into the crosswalk and the next you find yourself looking up at the sky and wondering how you got there.
Pedestrian accidents are more than just shocking, they are often avoidable. As such, victims of these accidents may have a legal claim to help hold the driver financially accountable for the costs that result from the crash.
But how do you know if you should move forward with legal action? The following will discuss five signs that often signal the need to file that claim and take legal action to hold the driver responsible for the cost of their mistake.
1) A driver violated a traffic rule
Drivers must yield at crosswalks and obey signals. The law requires they follow speed limits. As such, a citation for speeding, failure to yield, distracted driving or impairment strengthens a claim. North Carolina, like most states, requires drivers to stop after an accident like this. If the driver did not, they can face additional repercussions.
2) You used a crosswalk or had the right of way
Right of way matters. Pedestrians who are in a marked crosswalk, obeying a walk signal or otherwise at a protected intersection are taking actions to better ensure their safety. These facts support liability.
If this is the case, it can help to take photos of lane markings and note signal timing. Check to see if there are nearby cameras and see if they have any footage from the accident. These details can help you to prove the story.
3) You suffered injuries that required medical care
Legal claims are important if there are significant financial costs that result from the accident. If you need emergency treatment or urgent care and require additional physical therapy you will likely have high costs associated with treatment. Although surgery is a relatively clear signal of high cost, even soft-tissue injuries can warrant action. Treatment for a traumatic brain injury, for example, can quickly become very expensive. Keep copies of medical records to connect the crash to the harm.
4) You lost income or work capacity
Time away from work is a form of financial damage. This can include missed weeks, days or even a need to reduce hours. In some cases, lost contracts or missed deadlines can also qualify. Documentation to build this argument can include copies of pay stubs, employer letters and records from your work calendar. A claim can also include future limits on earning ability.
5) Evidence exists beyond your memory
Strong claims rely on proof. Testimony from witnesses, security or dash cam footage as well as photos of the scene and injuries can help to establish the severity of the accident.
What to do next
Those considering moving forward with legal action are wise to begin to gather documents to help support your case. It is often advantageous to seek legal counsel with experience in these cases. Counsel can review your case and provide guidance on the best course of action.
Pedestrian accidents can leave you dealing with pain, expenses, and uncertainty — but you do not have to guess whether the driver should be held accountable. If a driver broke a traffic rule, you had the right of way, you needed medical treatment, you missed work, or there is evidence beyond your own recollection, those are strong indicators you may have a valid legal claim. Focus first on your health, then preserve whatever documentation and proof you can. An experienced attorney can evaluate the facts, explain your options, and help you pursue compensation for the full impact of the crash.
