Being run over by someone can be a terrifying and traumatic experience, and you may be wondering if you have any legal recourse. The answer is yes; you can sue someone for running you over if you can prove they were negligent or acted recklessly.
In such cases, consulting with an experienced pedestrian accident attorney who can identify your rights and guide you through the legal process is important. They can gather evidence, file a lawsuit, and seek compensation for your injuries, medical expenses, pain and suffering, and other damages.
If you or a loved one has been a victim of a pedestrian accident, don't hesitate to reach out to a Albuquerque pedestrian accident attorney near you who is well-versed in personal injury law. They can provide the guidance and support you need during this difficult time.
Understanding Pedestrian Accidents
Pedestrian accidents involving vehicles can have severe consequences for the victims. The impact of being run over by a car or truck can cause serious injuries and even fatalities. The larger passenger vehicles become, the greater threat a run-over accident is to a person walking. It helps to understand the different scenarios in which pedestrian accidents occur and the prevalence of these incidents.
What Qualifies as Being "Run Over"?
Pedestrian accidents involving vehicles occur when a person is struck by a motor vehicle, resulting in injury or death. This can happen in various scenarios, including crosswalk accidents, parking lot incidents, hit-and-runs, and reckless driving cases. However, being "run over" does not necessarily mean the victim has to be entirely under the vehicle. Even being struck by a vehicle and thrown to the ground can qualify as being "run over."
Pedestrian accidents are unfortunately quite common and can have a significant impact on the victims and their families. According to statistics, thousands of pedestrians suffered an injury or died in accidents involving vehicles every year. These accidents can have serious emotional, physical, and financial consequences for the victims.
Legal Rights After Being Run Over
After being run over by a vehicle, it is important to understand your legal rights and options. Personal injury law, which focuses on negligence, is the foundation for a potential lawsuit in these cases.
The Basis for a Lawsuit
To pursue a lawsuit after being run over, you must establish that the driver of the vehicle owed you a duty of care, that they breached that duty, and that their breach of duty caused your injuries or damages. This is done through proving negligence on the part of the driver.
Fault and Liability
Determining who is at fault in a pedestrian accident can be a complex process. However, if you can prove that the driver was negligent or acted recklessly, they may be liable for your injuries and damages. Examples of driver negligence in pedestrian accidents include:
- Speeding: The driver was traveling above the posted speed limit, making it difficult for them to stop and avoid hitting you.
- Distracted driving: The driver was texting, talking on the phone, eating, or engaging in any other activity that took their attention away from the road.
- Failure to yield: The driver failed to yield the right of way to you as a pedestrian, particularly at crosswalks or intersections.
- Driving under the influence: The driver was impaired by alcohol or drugs, affecting their judgment, reaction time, and ability to operate a vehicle safely.
Your pedestrian accident lawyer can gather evidence to establish the driver's fault and liability.
Special circumstances come into play in hit-and-run cases, where the driver flees the scene after striking the pedestrian. These cases can be challenging, but it is still possible to seek compensation with the help of a skilled pedestrian accident lawyer.
Potential Compensation Available
If you have been run over by a vehicle, you may be entitled to various compensation to cover various types of losses and damages:
Economic Damages
Economic damages include medical expenses, both immediate and long-term. This can cover hospital bills, surgeries, medications, physical therapy, and any other necessary medical treatments. Economic damages can also include lost income and future earning capacity if your injuries prevent you from returning to work. Compensation for property damage may also be available if any personal belongings were destroyed in the accident.
Non-Economic Damages
Victims of pedestrian accidents can seek non-economic damages in addition to economic damages. These cover intangible losses such as pain and suffering, emotional distress or trauma, and loss of enjoyment of life. Non-economic damages aim to compensate victims for the physical and emotional toll the accident has had on their lives.
Punitive Damages
In some cases, punitive damages may be available in addition to economic and non-economic damages. Punitive damages punish the at-fault party for gross negligence, recklessness, or intentional misconduct. However, punitive damages are not awarded in all cases and typically require a higher burden of proof.
Evidence Needed to Build a Strong Case
It is essential to gather relevant evidence to build a strong case after being run over by a vehicle. This evidence will help establish liability and ultimately support your claim for compensation.
The following types of evidence are vital in building a strong case:
- Police reports: These reports document the details of the accident and any citations issued to the driver.
- Witness statements: Statements from witnesses who saw the accident can be powerful evidence.
- Video footage: If available, traffic or security camera footage can provide valuable evidence of the accident.
- Photographs: Take photos of visible injuries and any other relevant details, such as damage to your property.
In some cases, expert witnesses may be necessary to strengthen your case. Accident reconstruction experts can analyze the scene and provide expert opinions on how the accident occurred. Additionally, medical professionals can testify about your injuries, the treatment you received, and the long-term impact on your health.
Challenges in Pedestrian Accident Cases
Pedestrian accident cases can present particular challenges, making it even more important to seek legal representation.
Insurance Company Tactics
Dealing with insurance companies can be challenging, as they often employ tactics to deny or minimize claims. Their primary goal is to protect their own interests and pay out as little as possible. A well-versed pedestrian accident lawyer on your side can handle all relevant challenges from insurers head-on, avoiding mistakes that might jeopardize your rights to compensation.
Proving Fault
Proving fault in pedestrian accident cases can be difficult, especially if there are no witnesses or conflicting accounts of what happened. A skilled pedestrian accident lawyer knows how to investigate the accident and build a strong case to establish fault.
Why You Need a Pedestrian Accident Attorney
When it comes to pedestrian accident cases, having a pedestrian accident attorney by your side is critical. They provide professional guidance, advocate for your rights against insurance companies, and maximize your compensation.
Reliable Guidance
The rules of the personal injury legal process and filing deadlines for a pedestrian accident case can be overwhelming. A knowledgeable pedestrian accident attorney will guide you through each step, ensuring you meet all the requirements and don't miss any critical deadlines. They will also determine the full value of your claim and fight for your rights.
Advocacy Against Insurance Companies
Dealing with insurance companies can be an uphill battle. Insurers have teams of lawyers and adjusters whose primary goal is to protect the company's bottom line. Having a pedestrian accident attorney on your side levels the playing field and ensures you have a skilled advocate who can negotiate fair settlements on your behalf. If a fair settlement cannot be reached, your lawyer can represent you in court.
Maximizing Compensation
Studies and statistics have consistently shown that victims who hire pedestrian accident attorneys receive higher compensation than those who go through the process alone. This is because attorneys understand the intricacies of the legal system, know how to negotiate effectively, and can present your case in the most favorable light. They will fight to maximize your compensation and ensure you receive what you deserve, never settling for less.
Contingency Fee Arrangements
Many pedestrian accident lawyers work on a contingency fee basis, which means you don't have to worry about upfront costs or hourly fees. Instead, your lawyer will only be paid if they win your case. This allows victims to seek legal representation without the financial burden and ensures attorneys will work diligently to secure a favorable outcome.
Steps to Take After Being Run Over
If you have been run over, it is in your best interest to take the following steps to protect your rights and ensure your case is handled correctly.
Seek Medical Attention
Seeking immediate and thorough medical care is essential for both your health and your legal claim. Even if your injuries seem minor, it is necessary to get a professional evaluation. This will help establish a record of your injuries and address any underlying issues regarding pre-existing conditions or the cause of your injuries.
Report the Accident
If you haven’t already, report the accident to law enforcement as soon as possible and obtain an official accident report. This report will document the details of the accident, provide valuable evidence, and serve as an official record of the incident.
Contact a Pedestrian Accident Lawyer
Lastly, it is important to contact a pedestrian accident attorney as soon as possible after being run over. They will handle all the legal aspects of your case and fight for your rights. Don't wait to seek legal advice. Contact a skilled pedestrian accident lawyer today to protect your rights and explore your legal options.
Frequently Asked Questions About Suing After Being Run Over
If you are considering suing for being run over, you may have several questions about the process and your legal rights. Here are answers to some common questions:
Can I sue if the driver didn't stop (hit-and-run)?
Yes, you can still pursue legal action if the driver flees the scene of the accident. In cases like these, it is important to have uninsured motorist coverage. This coverage can help protect you when the at-fault driver cannot be identified or is uninsured.
How long do I have to file a lawsuit?
The statute of limitations or time limit to file personal injury claims, including pedestrian accident cases, varies from state to state. In general, acting promptly and consulting with a pedestrian accident attorney is important to ensure you meet all the necessary deadlines.
Can I still sue if I settled with the driver's insurance?
Once you accept a settlement offer from the driver's insurance company, you typically waive your right to further legal action against the driver. Be sure to consult a pedestrian accident lawyer before accepting any settlement to ensure it is fair and covers all your losses.
Were You Run Over? Contact a Pedestrian Accident Lawyer Today to Learn More About Your Rights
Being run over by a vehicle can have devastating consequences, both physically and emotionally. As a pedestrian accident victim, it is imperative to understand your legal rights and options. Seeking the assistance of a pedestrian accident attorney is essential for protecting your rights and maximizing your compensation.
Through a personal injury lawsuit, you can seek various types of damages, including economic damages for medical expenses and lost earnings, non-economic damages for pain and suffering, and, in some cases, punitive damages for gross negligence. To build a strong case, your pedestrian accident lawyer will gather evidence such as police reports, witness statements, video footage, and photographs. Expert witnesses can also provide valuable testimony.
While pursuing a pedestrian accident claim may be challenging, having a pedestrian accident attorney by your side can make all the difference. They provide reliable guidance, advocate against insurance companies, and work to maximize your compensation. Remember, many pedestrian accident lawyers work on a contingency fee basis, so you only pay if they win your case.
Don't wait to seek legal advice. Contact a Albuquerque personal injury attorney today to schedule a free consultation and protect your rights. Take the first step towards healing and achieving the justice you deserve.