If you’re hit by a car while walking or biking, you could suffer serious injuries. Your risk of injury or death is enhanced because you don’t have air bags, seat belt fasteners or a vehicle’s sturdy frame to protect you. Fortunately, if you are hurt, there are ways to hold the driver who caused the wreck accountable for their actions.
What Damages Might Be Available?
Depending on the facts of your case, you could be entitled to compensation for lost wages and medical bills related to the driver’s negligence. You may also be entitled to compensation for future lost earnings if your injuries force you to leave your current position or make it harder to get promoted in the future.
A jury or settlement might also contain damages for the loss of relationships with your spouse, kids or friends. Finally, you may be entitled to compensation for the cost of renovating your home or car so that you can use it despite a leg, head or other type of injury.
What Steps Should You Take After You’re Hit?
The first thing that you should do is attempt to collect evidence if you’re able to do so. Otherwise, your first steps should include calling for emergency assistance or going to the hospital yourself. A doctor will likely be able to diagnose a concussion, internal bleed or other injuries before obvious symptoms appear.
Seeking medical attention is also a good idea because it creates a paper trial. Medical records can be used to establish that you were hurt because of the defendant’s actions and that you incurred a financial loss. These are two important elements that must be satisfied to obtain a favorable outcome in your case.
If you’re capable of doing so, call the police to report the accident and to obtain an official accident report. You will need this when you file your insurance claim, which you will ideally do within 24 hours of the collision.
What Happens If the Driver Isn’t Found?
It’s possible that the other driver won’t be found, and this is more likely if you live in a large city where it’s easy to blend into the crowd. However, you may be able to file a claim against your auto insurance policy for damages. Typically, you would seek damages per your underinsured or uninsured motorist coverage, and depending on the circumstances of your case, you might file a claim under your comprehensive policy.
If the other driver is found, you can seek a settlement or file a lawsuit against that person. Your attorney will likely file a lawsuit regardless of your intention in an effort to preserve your rights. However, it’s likely that the judge in your case will order mediation before a trial date is set.
Ideally, you will contact an attorney as soon as possible after being struck by a vehicle. The statute of limitations on filing an insurance claim is two years form the date of the accident in many states including California. Doing so will help to preserve your rights and make it easier to obtain a favorable settlement or jury award. An attorney may be able to obtain evidence on your behalf or take other steps to ensure that you can focus on your recovery instead of chasing the defendant down for money.