Pedestrian accidents can be traumatic and life-altering events. They can cause serious injuries that require medical attention, leading to costly bills and time off from work. If you have been injured in a pedestrian accident caused by a driver’s negligence or wrongful conduct, it’s important to know the legal process for filing a pedestrian accident claim. The following includes important information to know about the legal process and what to do after a pedestrian accident in Washington, D.C.
Call 911
After an accident, call 911 and stay at the scene until the police and ambulance arrive. It is important to get immediate medical attention, even if you feel that your injuries are minor. The police will also take a report, which can be helpful in proving liability in your case.
Exchange Contact Information
Exchange contact and insurance information with the other party involved in the accident. You will need this information to file your claim and pursue compensation for your injuries. Be sure to get the other party’s name, contact information, insurance company, policy number, and any other relevant details.
Obtain Witness Information
Gather witness contact information and statements from anyone who saw the accident happen. Witness statements can be helpful in establishing liability in your case and can provide valuable evidence to support your claim.
Gather Evidence
Take photos or videos of the scene, the damages to your property, and your injuries. This can help provide visual evidence to support your claim and can be used to show the insurance companies or the court the extent of your injuries and damages.
Seek Medical Treatment
Make sure you seek treatment for any injuries you’ve suffered as a result of the accident. After you have been treated for your injuries, you should collect all medical documentation, including medical bills and records, treatment plans, and any other documents that relate to your injuries. This will help you determine the extent of your damages and provide evidence to support your claim.
Contact a Lawyer
Finally, it is crucial to consult an experienced personal injury attorney to recover compensation. An attorney can navigate the legal process and help you understand your rights and options. They can also negotiate with insurance companies on your behalf and fight for the compensation you deserve.
Establishing Fault in a Pedestrian Accident Claim
One of the most significant steps in the legal process of filing a pedestrian accident claim is establishing that another party is at fault for the accident. To do this, you must prove the following four elements:
Duty of Care
You must prove that the driver of the vehicle had a legal obligation to exercise reasonable care to avoid causing harm to pedestrians. This duty of care is even higher in areas like crosswalks and school zones, where the likelihood of pedestrian presence is high. All drivers have a duty to take reasonable precautions to keep others on the road safe, including pedestrians.
Breach of Duty
Breach of duty of care due to negligence means that the driver failed to meet the duty of care by acting negligently, recklessly, or intentionally. This could be from texting and driving, speeding, running a red light, or a number of other behaviors.
Causation
Next, you must prove that your injuries were caused by the driver’s breach of duty of care.
Damages
The final element you have to prove the financial losses related to the injury, including medical expenses, lost wages, property damage, and any other related expenses.
If you’ve been injured in a pedestrian accident, reach out to a lawyer right away so you can get the help you need. Contact our pedestrian accident lawyers in Washington, D.C. today to schedule a free consultation.