Were you hit by a vehicle while walking? Don’t ruin your pedestrian accident case before it begins! Read our tips on how we can help you, then call us today.
Mistakes to Avoid After a Pedestrian Accident
The most common mistakes I see pedestrians make in pursuing a personal injury case have to do with not preserving the evidence of the crash as quickly as possible after it happened. The second most common mistake I see them make is not getting the right medical care for their injuries. The third most common mistake I see in pedestrian cases is not following the instructions of the physician after they’ve retained one to help them recover from their injuries. In each of those instances, having the right lawyer to help and guide you through your recovery process can make all the difference in the world as to the success of your recovery from that injury.
Pedestrian Accident Insurance Negotiations
When I’m asked by clients whether it’s safe to talk to an insurance adjuster after their pedestrian accident in Virginia, I tell them, just as I do with all my injury victims, that it is not a good idea to talk with an insurance adjuster after your accident. There is plenty of time to provide the evidence necessary to properly evaluate your claim. To make you go through a recorded statement when you don’t have legal counsel to help you and guide you in making the right answers, then you could unwittingly damage the value of your case. It’s best to have legal counsel to understand what the issues are in the case, and then be able to go through the normal investigation process with their help and get your case evaluated fairly by the insurance company when it’s appropriate to do so.
Partial Fault Pedestrian Accident
The biggest question most people have when they’ve been struck by a car as a pedestrian crossing a highway in Virginia is, “Can I be found to be at fault in that collision?” Now, the simple answer is anybody can be at fault, and if you don’t have the evidence to back you up, you have a severe handicap in being able to make a successful recovery in that type of case. The way to establish what happened in the accident is to make a quick investigation of the scene and to look at the damage patterns on the vehicle, which are usually indicative. For example, the higher up the injury victim’s body imprint is on the vehicle, the faster the vehicle can be determined to be going at the time of the crash. The second thing to look at is the electronic data from the black box in the vehicle. If you can get to that quickly enough – and I’m talking oftentimes as quickly as within 48 hours after the accident occurs – and retain an attorney in that time to help you, you might be able to save that electronic data and prove from that when the brake was struck and what the positions of the vehicle were at that point, compared to the skid marks in the road to show that that vehicle was speeding and that it was disregarding you as a person in the right of way of the intersection at the time of the crash.
Hit and Run Pedestrian Accident
When a pedestrian is struck by a hit and run driver in Virginia, they have the right to pursue a claim against an unknown driver. But as a pedestrian who’s struck by an unknown driver, you have no information on who that driver was or what kind of insurance they had. Now, in order for you to have any viable right of recovery of insurance money at all, you have to look to your own policy of insurance, and if you had an insurance policy in your own name as the named insured, you will have a right to make an uninsured motorist claim under your own policy, but those cases depend on having your own insurance in place to protect you.
Were you or a loved one seriously injured in a crash and have questions about your pedestrian accident? Don’t ruin your pedestrian accident case before you even get started! Contact a Virginia pedestrian accident lawyer at The Strong Law Firm today for a free confidential consultation and case evaluation. Let our experience work for you.
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