If you or a loved one has suffered injuries from being hit by a car while walking, you may wonder: can you sue someone for running over you? The short answer is yes. In many cases, injured pedestrians can pursue legal action against negligent drivers who strike them.
However, the process of obtaining fair compensation for your injuries and losses requires legal knowledge and skill. An experienced pedestrian accident attorney can evaluate the details of your case, explain your options, and fight to protect your interests. Many personal injury attorneys offer free initial consultations to discuss your situation and determine the best path forward. Reaching out as soon as possible to a skilled lawyer in your area will allow you to learn of your options for holding the negligent driver accountable and getting the compensation you deserve.
Legal Basis for Suing
When considering legal action after being struck by a vehicle, you need to understand the foundations that support your potential case. The key legal concepts that come into play in pedestrian accident claims include:
Negligence
Like most personal injury claims, pedestrian accident lawsuits are built on the legal principle of negligence. This means that the driver failed to exercise reasonable care while operating their vehicle, leading to your injuries.
Elements of a Personal Injury Lawsuit
To prove negligence and establish grounds for a lawsuit, your attorney must demonstrate four key elements:
- Duty of care: All drivers have a legal obligation to operate their vehicles safely and follow traffic laws to protect others on the road, including pedestrians.
- Breach of duty: The driver failed to uphold this duty of care through their actions or inactions. This could involve behaviors like distracted driving, speeding, or failing to yield to pedestrians in crosswalks.
- Causation: The driver’s breach of duty directly caused or contributed to the accident and your resulting injuries. This establishes a clear link between their negligence and the harm you suffered.
- Damages: You experienced measurable losses as a result of the accident. These can include medical expenses, lost wages, pain and suffering, and other costs stemming from your injuries.
Circumstances That May Warrant a Lawsuit
Various situations can create valid grounds for legal action after a pedestrian accident. Understanding these scenarios can help you determine if pursuing a lawsuit is appropriate in your case:
Driver’s Negligence
Many pedestrian accidents result from the careless or reckless behavior of drivers. Common examples include:
- Distracted driving: Using a cell phone, eating, adjusting the radio, or engaging in any activity that takes attention away from the road.
- Speeding: Exceeding posted speed limits or driving too fast for road conditions, reducing reaction time and increasing the severity of impacts.
- Driving under the influence: Operating a vehicle while impaired by alcohol or drugs, severely compromising judgment and control.
- Reckless driving: Swerving through traffic and driving on the sidewalk or shoulder of the road.
- Aggressive driving and road rage: Using a vehicle as a weapon to purposely threaten or harm a pedestrian.
Right-of-Way Violations
Failing to yield to pedestrians when required by law is a frequent cause of accidents. This can occur at crosswalks, intersections, or anywhere pedestrians have the legal right to cross.
Defective Vehicle Parts
In some cases, faulty brakes, steering systems, or other vehicle components may contribute to an accident. This could potentially lead to claims against vehicle or parts manufacturers in addition to the driver.
Steps to Take After Being Run Over
You must take certain steps to protect your health and legal rights if a driver runs you over.
If the accident just occurred, and you’re still at the scene:
- Document the scene with photos and gather contact information from witnesses.
- Report the accident to the police and obtain a copy of the accident report.
- Avoid discussing fault or giving statements to insurance companies without legal counsel.
You must also seek immediate medical attention, even if you feel your injuries are minor. In the days that follow, keep detailed records of all medical treatments, expenses, and how your injuries impact your daily life.
If some time has passed since your accident and you’re now considering your legal options for pursuing compensation:
- Consult with a doctor to fully assess your injuries and create a treatment plan.
- Gather all medical records and bills related to your accident injuries.
- Document any lost wages or income due to your injuries.
- Keep a journal to record your physical and emotional recovery process.
- Reach out to a personal injury attorney to discuss your case before the statute of limitations expires.
Types of Compensation Available for Pedestrian Accidents
If you pursue legal action after a vehicle strikes you, an attorney can help you recover various forms of compensation, depending on the circumstances of your case. This can include:
- Medical expenses: Compensation for all medical costs related to your treatment and recovery. They include emergency care, hospital stays, surgeries, medications, physical therapy, and any future medical needs stemming from the accident.
- Lost wages and work benefits: Compensation for income or benefits you lost due to missing work to recover or care for a close family member. If your injuries prevent you from working again or in the same capacity, your lawyer can pursue compensation for loss of potential earnings.
- Pain and suffering: Non-economic damages that account for the physical pain and emotional distress you’ve experienced because of the accident and your injuries.
- Rehabilitation costs: Expenses related to ongoing physical therapy, occupational therapy, or other forms of rehabilitation needed to regain function and independence.
- Wrongful death damages in cases of fatal pedestrian accidents: If a loved one died in a pedestrian accident, eligible surviving family members could pursue compensation for funeral expenses, loss of financial support, and loss of companionship with an attorney’s help.
- Punitive damages (in severe cases): In instances of extreme recklessness or intentional harm, the court may award additional damages to punish the at-fault party and deter similar behavior. Although rarely awarded, these damages can form a significant portion of your award. Your attorney can inform you whether your case qualifies.
Potential Challenges in Pedestrian Accident Lawsuits
While many pedestrian accident cases have strong merit, there are potential obstacles your attorney may encounter when pursuing legal action on your behalf:
Comparative Negligence
Some states use a comparative negligence system, which can reduce your compensation if you’re found partially at fault for the accident. In Missouri, for instance, you can recover damages as long as you’re not more than 51% at fault for your injuries. An attorney can help present evidence to minimize any allegations of shared responsibility.
Insurance Company Tactics
Insurance companies often try to minimize payouts by disputing the severity of injuries or pressuring victims into quick settlements. Having legal representation can help protect you from these practices.
Statute of Limitations
Each state has a time limit for filing personal injury lawsuits. For example, Missouri’s statute of limitations for personal injury claims allows you five years from the date of the accident to file a lawsuit in civil court, seeking damages. If a death is involved you only have three years from the date of death to file suit.
Although five years may seem like a long time, you don’t want to wait. You need to act promptly so that your attorney has time to gather and preserve evidence and fully assess the extent of your injuries. Additionally, insurance companies may have deadlines that are shorter than your state’s statute of limitations. Claims against government entities typically have very short deadlines of just a matter of weeks or days.
If you fail to have a lawyer file suit for you within any legal deadlines, you risk losing your right to obtain compensation. You must consult an attorney as quickly as possible to protect your rights and begin the process.
The Benefits of Hiring a Personal Injury Attorney
When seeking compensation for your pedestrian accident injuries, working with an experienced personal injury attorney offers several advantages:
- They can assess the strengths and potential challenges of your case, helping you make informed decisions about how to proceed.
- They have resources to collect and preserve crucial evidence, including accident reports, surveillance footage, and expert testimony.
- They know how to effectively negotiate with insurance companies to pursue fair compensation for you.
- They understand the complexities of personal injury law and can ensure all necessary legal procedures are followed correctly.
- They can prepare your case for court, if necessary, and represent your interests before a judge and jury.
Along with handling all the legal aspects of your claim, a skilled lawyer can provide peace of mind during a tumultuous time. They can offer objective guidance when emotions run high and address your worries and concerns along the way. You can rest easier and focus on healing knowing you have a dedicated advocate in your corner looking out for your rights and best interests.
Get Help from an Experienced Pedestrian Accident Attorney Now
If a negligent or reckless driver ran over you or a loved one, causing you to suffer serious injuries and losses, don’t hesitate to get legal help. The experienced Missouri pedestrian accident attorneys at Cook, Barkett, Ponder & Wolz are here to help you understand your rights and pursue the compensation you deserve.
Our team is committed to providing compassionate support and aggressive representation for pedestrian accident survivors and families grieving from a loss due to someone else’s negligence. We’ll work tirelessly to investigate your case, gather evidence, and build a strong claim on your behalf. Our goal is to secure the financial resources you need to cover your medical expenses, lost wages, and other damages resulting from the accident.
Don’t let concerns about legal fees prevent you from seeking justice. Our personal injury attorney offer free initial consultations to discuss your case and explain your options. If we take on your case, we work on a contingency basis. This means you don’t pay any upfront costs, and we only collect attorney fees if we secure compensation for you.
Time is of the essence in personal injury cases, so don’t delay in seeking legal help. Contact Cook, Barkett, Ponder & Wolz today to request your free consultation. Let us help you and your family through this traumatic event and improve your chances of maximizing your financial recovery.