What to Do in Pedestrian Car Accidents
Pedestrian accidents are no rare occurrence in the United States and especially Colorado. According to a recent writeup by NPR, pedestrian accidents that result in fatalities are at their highest level in years. Around 6,227 pedestrians were killed by motorists in 2018, which is a nearly 4% increase since 2017 and the highest fatality rate since the early nineties.
If you’ve been the victim of an accident as a pedestrian, it is vital to seek legal assistance in the aftermath. Let’s cover exactly what qualifies as a pedestrian accident and what steps you should take after this traumatic incident has occurred.
What Qualifies as a Pedestrian Accident?
A pedestrian accident occurs when a pedestrian is walking, running, or jogging and a motorist are involved in some form of a crash. Some scenarios which qualify as a pedestrian accident include:
- Running a red light in a vehicle and hitting a pedestrian in a crosswalk.
- Driving outside of designated streets, such on a sidewalk, and injuring a pedestrian in the process.
- Either a driver or pedestrian’s vision is obscured by rain, clothing, other objects, darkness, windshield wipers, or poor lighting and are involved in a collision.
- Backing into or hitting a pedestrian in a parking lot
Determining Fault in a Pedestrian Accident in Denver, Colorado
In a large portion of cases, the driver of the vehicle involved in a pedestrian accident is usually found at fault. However, this is not the case in every single such accident.
The law of negligence is usually used to determine fault in such cases. Essentially, the individual who does not properly exercise a certain level of care in specific circumstances could be considered negligent and thus at fault. In some cases, both parties could also be at fault. This usually involves a pedestrian jaywalking or cross this street at an inappropriate time while a driver is traveling over the speed limit.
Significant injuries and even death can result from a pedestrian accident, making such accidents extremely serious. Pedestrian crashes can result in injuries that put people out of work, disabled, without income, and can even result in death. Because of this, pedestrian victims must seek out legal advice in order to cover their injuries and financial loss after the accident has occurred.
What to Do After a Pedestrian Accident
Regardless of fault, the first thing either party needs to do is call the police or an ambulance. Even if everyone appears to be fine, a police report will need to be filed in order to have proof of the accident and for the police to conduct their investigation and issue a citation to the at-fault party. If possible, witnesses should also be involved once the police have arrived for additional details. Automotive insurance should be exchanged.
While waiting for police or medical professionals to arrive, photos should be taken. These photos (or even videos if possible) of the vehicle in question, as well as any injuries on the bodies of either party. This serves as proof for future use and can be given to the police for their report.
After these steps have been followed, a personal injury lawyer should be called immediately. A personal injury attorney can properly represent the pedestrian injured in such an accident and help them through the process of receiving compensation from the other person’s insurance company or possibly suing the at-fault party for damages. State laws tend to vary significantly when involving car insurance liability, complete with limits and exclusions for different cases. At times, a lawsuit may need to be made in case the fault party or their insurance company are not willing to cooperate.
A Law Firm You Can Trust for Personal Injury Representation in Aurora and Denver, Colorado
Pedestrian accidents are common occurrences in Aurora and Denver. If you or a loved one has been involved in such an accident, you don’t have to deal with the aftermath alone.
Alhasoon, Glidden & Glidden Law Offices are here to serve victims of pedestrian accidents in Aurora and Denver and throughout Colorado. AGG Law Firm has a team of passionate attorneys who are dedicated to advocating for you and have been winning personal injury cases for over twenty years.
Call us today to learn more about how AGG Law Firm can take on your case.