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Following an injury-causing pedestrian accident, your immediate actions can help protect your legal case, ensure legal compliance, and preserve documentation for insurance claims. Being hit by a car is a serious matter, and insurance companies may try to minimize settlements or deny claims anyway possible.
If you've been hit by a car as a pedestrian, you should take certain steps to protect yourself and your legal rights. Importantly, never wait to consult a pedestrian accident attorney to advise you on how to best preserve your rights.
A pedestrian accident lawyer at Stewart J. Guss Injury Lawyers will evaluate the facts of your crash to build a solid claim for compensation.
The most important step to take right after an accident is to get checked by a healthcare professional. Sometimes, the adrenaline rush may mask pain and hide serious injuries, which can lead to more complications later. Therefore, even if you do not feel seriously injured after being hit by a car, make sure to go to the hospital for medical evaluation.
Note that some injuries may be serious but might not show symptoms until hours or days later. These injuries include:
Furthermore, medical records showing that you sought treatment after being hit by a car are important when building your case. Medical records are necessary to link your injuries directly to the pedestrian accident. This is a required element of a pedestrian injury claim.
If you fail to seek medical treatment after a crash, the insurer may have grounds to deny your claim. They can assert that your injuries happened due to a later event or that you failed to mitigate your damages by not seeking prompt treatment.
Also, delayed treatment may lead insurers to question the credibility of your claims regarding the extent and nature of your injuries. To avoid these arguments, which can affect the compensation amount, be sure to seek immediate medical treatment and keep records organized.
After being in a pedestrian accident, it is very important to understand your rights. Insurance companies often take advantage of claimants without legal representation, as they do not know everything they are entitled to.
Also, a car-pedestrian accident can involve complex legal issues that can be difficult to address. It is highly advisable to discuss your case with a pedestrian accident lawyer so you understand your legal rights, the laws that apply to your case, and your best options for pursuing compensation.
Moreover, our pedestrian accident attorneys have extensive experience with all types of injury claims. No matter what type of injuries you have, we will ensure your case is presented in the best possible light and that you have peace of mind during the legal process.
A pedestrian accident attorney can handle the following, so you do not have to worry about these complicated legal steps.
One of the most challenging aspects of pedestrian accident cases is proving liability. It’s important to determine who is at fault for the accident, whether it’s the driver, a third party, or another factor, as that is who should cover your losses.
Your attorney will investigate the facts of the accident and collect evidence, like traffic camera footage or witness statements, to prove who was responsible. Note that in Texas, the law recognizes that fault can be shared. Drivers often try to blame pedestrians, at least partially, for their own accidents to limit their liability.
Your attorney will ensure the relevant Texas laws regarding liability are not used to your disadvantage. With strong evidence, your attorney will build a solid case to ensure you are adequately compensated for your injuries, even in the face of legal challenges.
When you’re seeking damages following an accident, dealing with insurance companies can be one of the most frustrating parts of the process. It may feel stressful when adjusters try to downplay your injuries or undervalue your claim. Just like other businesses seeking to reduce liabilities, your insurer will use tricks to preserve their resources.
A pedestrian accident lawyer can handle all communications with insurance companies on your behalf. Your attorney will ensure you don’t accept an unfair offer and will fight for a settlement that fully reflects the damages you’ve suffered.
Seeking justice in a pedestrian injury claim means securing compensation for injuries that reflect all you have endured. You must accurately calculate your damages and seek proper compensation.
This involves assessing all losses and expenses related to the pedestrian accident. These include the following:
An attorney handling pedestrian accident cases will determine the full extent of your damages and ensure all losses are accounted for in settlement negotiations.
As you can see, knowing what to do when cars hit pedestrians is important to safeguard your legal position. At Stewart J. Guss Injury Lawyers, we advise our clients to reach out as soon as possible to gain advice and begin building the case immediately. We’ll listen to your story, offer professional advice, and determine the best way forward.
Contact us today to learn how we can help you protect your rights. Case evaluations are free.
2 minute response
24 hours a day, 7 Days a Week
Dedicated Trust Guss Intake Team