How a Pedestrian Accident
Can Change Your Life
Cars and trucks are so ingrained in our lives that we often stop thinking about how dangerous they are. But there are few things more terrifying than 4,000+ pounds of metal coming your way – and knowing that the worst is about to happen. If a car does strike you, you will probably suffer life-changing injuries, including:
- A spinal cord injury, which may cause permanent partial or complete paralysis;
- A traumatic brain injury which affects your emotions, learning, thinking, and sensation;
- Bone fracture injuries;
- Internal injuries;
- Soft tissue injuries;
- Cuts and lacerations, leading to scarring and disfigurement;
- Loss of mobility;
- Post-traumatic stress disorder (PTSD);
- Loss of enjoyment of life;
- Pain and suffering; and More.
In addition to your physical injuries, you may also suffer a range of psychological injuries, including depression, anxiety, and post-traumatic stress disorder.
And that’s not all. In addition to your pain and suffering–as well as injuries that prevent you from doing the things you once loved–you may also be unable to work. The financial harm caused by your lost wages will only be worsened by the high medical bills you now face–medical bills that may keep piling up for years to come depending on the extent of your injuries.
Holding the Responsible Party Liable
When a person is hit by a car in a pedestrian accident, the damages that they suffer are often astronomical. Our lawyers want to help you recover the compensation that you deserve for your harm, including compensation for the value of your noneconomic losses. We’ll help you do this by investigating your claim, identifying the liable party, and pursuing damages against them. The responsible party may be the driver of a motor vehicle whose negligence caused your injuries, or a third party, such as a municipality that failed to perform road maintenance. Sometimes, both are responsible.
Once we know who’s responsible and how much your case is worth, we can file a claim, negotiate your settlement, and even pursue litigation if appropriate and necessary. We’ll keep you informed every step of the way, remain accessible and available, and always act with your best interests in mind.
What to Do
After An Accident
- First Thing after an accident, first make sure you are okay. If you’ve been knocked down, don’t immediately try to get up. Sometimes serious spinal injuries could be made worse by movement. If you’ve witnessed an accident, try to protect and calm the injured person without moving them. Call 9-1-1.
- Second Get medical help. If you’ve been knocked down, it’s a good idea to seek medical attention right away, even if you feel you’re not badly injured. Internal organs, muscles and soft tissues can be injured in ways that aren’t immediately obvious, especially because you’re probably affected by stress and adrenaline immediately after an injury. Get checked out.
- Third Get the necessary information.
Get the driver’s license number, insurance company and policy number, and license plate
Get the names and telephone numbers of anyone who witnessed the accident
Take photos of the scene
Take photos of the car
Take photos of your injury
- Fourth File a police report. Hopefully, you’ve called 9-1-1 and the police are on the scene. Describe what happened and who saw it. If you’re a witness, provide all the information you can.
Finally, call us here at Larson & Gallivan Law. We are happy to help you through this process, and we’ll walk you through the steps that follow as you put your life back together.
The Process of a Pedestrian Accident Claim
What happens when you decide to make a claim for your damages in a pedestrian accident?
First, focus on getting better with medical assistance. As your lawyers, we will follow up with you regularly on this process, and collect your medical records for you as you go. These will be important later. We will also notify the at-fault driver’s insurance company of your claim.
As you reach a medical end point (and in some cases before this) we will develop a demand package for the insurance company. In this document, we’ll provide the theory of the case, why the driver was at fault, an overview of your damages, and some facts about you to help show your story. We’ll work with you on developing this document. Next, we negotiate on your behalf to come up with a settlement that adequately compensates for your harms.
If we can’t reach a settlement with the insurance company, we will prepare to file suit. We’ll keep you informed every step of the way, and begin a lawsuit if necessary. That lawsuit then results in a discovery process in which we get more information from the driver and share more information about your claim. In most cases, we will then mediate the claim with you – again to reach a settlement if possible.
If a settlement isn’t possible, we will go to trial with you to show your story and your harms and losses to a jury and demand just compensation there.
Timeframe For Filing a Lawsuit
In Vermont, your lawsuit must be filed within three years from the date of the crash. This is called the “statute of limitations”, and is an important reason why you should call an attorney quickly to get the process started. We hope you choose Larson & Gallivan!
What About Road Defects?
Sometimes, the cause of the accident is a defect in the road surface, road design or safety signs and lighting. In these cases, the state or municipality may be the one negligent in causing the crash and your injuries. Cases like this are more involved than cases against the driver.
Who Pays for Damages?
In most cases, the driver’s insurance company is the one who pays for the harms. Sometimes, if the driver has adequate resources, the driver may pay as well. But there are other sources from which we will seek money damages on your behalf – often your own insurance has coverage that may apply. It’s important to have a knowledgeable personal injury lawyer on board in order to maximize the recovery you’re entitled to.
Call Our Rutland Pedestrian Accident Attorneys Today
If you or a loved one has been in a pedestrian accident in our state, we want you to know that there is help and support available. When you call our law firm, we will start working on your case immediately. We know that you need an advocate on your side–our law firm has the experience and reputation you deserve.
To schedule a free consultation with our Rutland, VT personal injury attorneys, please call our law firm directly or send us a message today.