What to do When a Pedestrian is Struck and Injured by a Motor Vehicle

Gather evidence:

If you are physically able to at the scene of the accident, try to take photographs of the location of the accident as well as of the vehicle involved. Try to see if there are any videos in the vicinity which may have captured the accident. See if you can obtain the names and addresses of any witnesses.

Obtain the police report:

Often, the police will obtain the relevant information at the scene of the accident. If you were injured enough to have been rushed to a hospital from the scene of the accident, an officer will visit you at the hospital to obtain your information. It’s important to be as detailed about the facts as possible when speaking to the police after an accident, as to who was at fault and also listing your injuries.

The police officer will give you an accident number and tell you that you can pick up the completed report in a few days at the precinct where the accident occurred. You will need this report and your lawyer will always want to see this report. It is important to pick up the police report at the precinct when it is ready, as later it may become difficult to obtain.

File for your no-fault benefits:

The “no fault" law, provides that if you are injured by a motor vehicle, regardless of whose fault the accident was, you are entitled to receive up to $50,000 in compensation for your medical bills and lost wages.

You must submit a claim form to file for your no-fault benefits within thirty (30) days of the accident. On the police report you will find a code for the insurance company of the vehicle that struck you which tells you which company to file your no-fault claim with. Most claim forms can be obtained online.

Bringing a lawsuit for your injuries:

If you have suffered what the law defines as a “serious injury” then you may also sue for your non-economic damages, which includes your past, present and future pain and suffering. The pain and suffering award is generally the largest part of any damages claim after an accident.

You may also be compensated for you past and future medical bills and loss of earnings.

It is important to keep track of your medical providers, as well as your treatment and expenses:

Although you will be submitting your medical bills to the no-fault insurance company that is paying them, it is still very important for your attorney to have copies of all of your medical bills.

Once you have brought a motor vehicle pedestrian accident case, your attorney, as well as the other side's attorney, will both need to obtain all of your medical records. It is important for you to have the names and addresses of all the doctors that you have been treated by for the injuries you suffered in the accident.

Contact an experienced personal injury lawyer:

We have heard from many of our clients that almost immediately after their accident they were contacted by the vehicles’ insurance company and offered a quick settlement.

Beware! Do not speak to any insurance company representative, or sign anything, until you have at least spoken to and consulted with an experienced personal injury attorney.

In the first instance you do not know how your injuries are valued in a lawsuit, and even more importantly you are probably still healing and do not, as of yet, know the severity or permanency of your injuries. How will the injuries affect you in the future?

Once you consult with an attorney and an offer is made to settle your case without a lawsuit being filed a reputable attorney will advise you whether you should accept the offer, if that is the right thing for you to do, or will advise you not to settle, but rather to start a lawsuit, if your injuries are serious enough to warrant a suit and the settlement offer is too low.

In my experience, early offers to settle a case made by insurance company adjusters are generally between 10 and 25% of the true value of your case. These early offers are designed to save the insurance company money and expenses, but are often not right for you, the injured pedestrian.

Although there may be some law firms that focus their practice on doing a volume practice and obtaining early settlements and a quick fee. At Jaroslawicz & Jaros we believe in handling cases that we define as quality over quantity and that you should not settle for less than you are entitled to. If the insurance company won’t pay you the fair compensation for your injuries that you are entitled to then we are prepared to take legal action on your behalf.

If you have been seriously injured in a motor vehicle accident, you may be entitled to compensation for both your past and future damages, including:

• Medical costs
• Loss of wages
• Loss of earning ability
• Pain and suffering

All of these factors have to be taken into account and dealt with by your attorney in trying to maximize your recovery. That is why this type of personal injury litigation often requires that experts be retained to properly support the case, including possibly experts to prove liability, who would be persons with expertise in accident reconstruction, as well as doctors such as orthopedists, neurologists, radiologists, pain management and rehabilitation experts who can explain the extent and severity of the injuries to the court and jury.

Some Of Our Past Pedestrian Motor Vehicle Accident Settlements:

• $4.75 Million settlement for a woman who was struck by a car while crossing the street and suffered a head injury.
• $1.5 Million settlement for a man who was hit by a bus while crossing the street and suffered an ankle injury.
• $1.2 Million settlement for a young woman who suffered injuries while standing waiting to cross the street and was struck by a truck.