Were you recently hit by a car while crossing the street, walking, or jogging? Did you suffer costly and painful injuries? If so, you may file a claim against the driver who hit you. While the driver's liability may seem obvious, don't be surprised if the driver claims you are at fault for your injuries. The driver's insurance company likely won't want to pay the claim, and they will use every defense they can to avoid paying damages. The good news is there are strategies you can use to prove their liability and obtain compensation for your injuries. Below are three keys to consider in your case.
Show that you are not at fault. One of the most common defenses in pedestrian accident cases is presenting the idea that the pedestrian was in an area they should not have been. The defense may say that you darted into the street or crossed an area without a crosswalk even though there was a crosswalk nearby. If you were walking or jogging on the road, they might say that you were on the wrong side or not clearly visible. Collect as much evidence as possible to counter these claims. Obtain police reports. Find witnesses. Take pictures of the accident area. Be prepared to counter this claim strongly so there is no question that you are not at fault.
Demonstrate the seriousness of your injuries. Another common defense in pedestrian accident cases is claiming that the pedestrian's injuries aren't serious and the damages aren't necessary. Again, evidence is the best way to counter this claim. See a doctor as soon as possible after the accident. Describe your injuries and symptoms and then obtain your doctor's medical report so you can have it as evidence. If the doctor orders any treatments or follow-up consultations, obtain any documentation from those visits. Also, document how your injuries have cost you money. You may have medical bills, lost wages from time off work, and other costs. If you have future care or treatment costs, include those in your documentation.
Stay factual and objective. You will likely have many conversations about your injuries with doctors, lawyers, and insurance adjusters. The insurance company could ask that an independent doctor examine you to evaluate your injuries. In any conversation you have, keep your version of the events consistent. Don't exaggerate or embellish the facts. Don't change details. State what happened. Generally, the fewer words you use, the better. Any inconsistencies or falsities, even if unintentional, can undermine your case and give the defense an opening to say that you are lying. An attorney can help you tell your side of the story.
Ready to win your pedestrian accident case? Contact professional pedestrian accident law services in your area today. They can help you claim your damages.