What You Should Know Before Filing a Pedestrian Accident Claim

Pedestrian accidents can have devastating consequences, resulting in severe injuries or even fatalities. In the aftermath of such an accident, taking swift and effective action is crucial to protect your legal rights and secure fair compensation.

However, it’s important that you don’t rush into proceedings without first understanding the steps you will need to follow and the types of challenges you might encounter. In this article, we share a few things you should know that could help you navigate the days ahead:  

You Will Need to Gather Strong Evidence to Support Your Case  

While it might seem clear that the motorist is in the wrong, the insurance company will never simply take you based on just your word. As such, you will need to collect proof that shows that the at-fault party was negligent. Such evidence could include: 

  •        Eyewitness statements,
  •        Photographs of the accident scene,
  •        The official police accident report,
  •        Dashcam or surveillance camera recordings,
  •        Cell phone records, and
  •        Black box data.

You Should Make Sure to Account for All Your Damages 

Medical bills might make up the lion’s share of many personal injury settlements, but these costs are often just one of many that should be taken into consideration. For instance, you might not have been able to work because of your injuries, depriving you of weeks or even months of wages. Thankfully, accident victims can seek compensation for any earnings they lost because of their injuries. Other damages can include necessary replacement services, alternative transportation costs, and non-economic damages such as emotional distress, pain and suffering, or loss of enjoyment in life. 

Your Mistakes Could Hurt Your Claim 

While another party might be entirely at fault for causing the wreck, you could still be held partially liable for your losses if it emerges that your own mistakes contributed to your damages. For instance, if you ignored your doctor’s instructions to take time off work to let your injuries heal, you could be on the hook for some of your medical bills, lost wages, and other resulting losses. Thankfully, a skilled personal injury attorney can help you navigate proceedings, advising you of common errors and how to avoid them. 

You Should Not Accept the Insurer’s First Offer 

After a serious accident, your costs can add up at an alarming rate. Facing considerable financial pressures, you may be tempted into accepting the insurer’s first settlement offer. However, this could be a premature decision that leaves you struggling to pay off some of your accident-related costs down the line.

Firstly, until you’ve reached maximum medical improvement, it’s impossible to have a clear understanding of all of the costs associated with your care. After all, you may have to undergo unanticipated procedures or attend additional physical therapy sessions as part of your treatment plan. Secondly, claims adjusters will often offer a low-ball settlement in the hopes that you take the money and run, so it’s important to negotiate this amount before concluding the claims process. 

Discuss Your Case with a California Pedestrian Accident Attorney  

Were you struck and injured by a motorist? Turn to the team at Harris Personal Injury Lawyers to discuss your options.  

Our legal team can meet with you as part of a free consultation wherein we can answer any outstanding questions you might still have about your claim. We can also assess the merits of your case to determine what damages might be available in your situation. Call us today at 1-800-GO-HARRIS or drop us a message using our contact page HERE to lock in a free consultation with a California pedestrian accident attorney.