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What should I do if I am hit by a car or other vehicle?
 
The most important step after a pedestrian accident is to seek medical attention.  Even severe injuries often seem minor, or do not manifest themselves for hours, or days, after the incident.  Only a trained professional can make a proper, and prompt, medical assessment, making sure that serious injuries do not become dire ones.
 
The police should also be contacted immediately.  Not only will this provide an official record of the accident, but the police will be able to conduct an immediate investigation of the scene.  They will take statements from witnesses, analyze and document traffic and road conditions, assess the traveling speed of the vehicle (or vehicles) involved, and depending on the circumstances of the accident, test drivers for alcohol or drug use.  All of this may be invaluable evidence in a subsequent legal case.
 
While waiting for the police to arrive, it’s a good idea – assuming that you’re physically able – to obtain the following information:
 
  • the names, addresses, and driver’s license numbers of all drivers involved in the accident;
  •  the names, addresses, and phone numbers of any witnesses;
  • if a bus was involved, the name of the bus company or municipal transportation agency;
  •  if a truck or other commercial vehicle was involved, the name of the driver’s employer.
 
If possible, also try to note the weather and traffic conditions, and whether there might have been anything wrong with the vehicle that struck you (for example, mechanical trouble mentioned by the driver after the accident).  If you have a camera (even if it’s just a low-resolution cell phone camera), snap photos of the scene.  These, too, may come in handy later.


What if I was crossing against the light – or otherwise not obeying traffic laws - when I was struck
 

Should you be struck while disobeying a traffic law – for example, by crossing against a light or outside a crosswalk – you can be sure that the driver’s attorney will hold that against you, arguing that you are responsible for your own injuries and therefore not entitled to compensation. But while it may be true that you were negligent, that doesn’t mean the accident was entirely your fault. The driver may have been negligent as well, and the accident could have been at least partially his or her fault. The law provides that when someone else is partially responsible for the harm you have suffered in a pedestrian accident, they are liable for a corresponding proportion of the damages.

In other words, you may not be entitled to recover for all of the harm you suffered, but in many cases you will be entitled to a partial recovery – even if you were in some way at fault. In such cases, it is imperative to work with an experienced pedestrian accident attorney who knows the strategies that maximize recovery and avoid the obstacles a savvy opponent will try to stack against you.



What if the driver’s insurance company wants to speak with me?
 
Under no circumstances should you ever speak to the driver’s insurance company without first consulting an attorney. It is always in an insurer’s best interest to resolve cases quickly and cheaply, and insurance companies have a lot more experience with these cases than the average pedestrian. Their representatives and adjusters will know exactly what to ask you in order to stack the deck in their favor – and against you. Be polite but firm: You are unable to discuss the matter at this time. Then consult with your own counsel.

What if I was struck by a public bus, and now someone from the city wants to talk to me about the ac
 
In such a case – typical when a public bus is involved – a representative from the city should be treated just like a representative from a private insurer: Under no circumstances should you ever speak to them without first consulting an attorney. Public bus accidents happen all the time, and the individuals who handle these incidents for the city are as skilled and experienced as any insurer when it comes to settling cases for far less than injured victims deserve. Don’t be lulled into thinking that the city won’t aggressively fight your claim. They will. All-too-many injured pedestrians have learned that the hard way.

What damages may I recover in a pedestrian accident case?
 
Injured pedestrians may be entitled to compensation for medical expenses, lost wages, property damage resulting from the incident, and pain and suffering. Victims who are permanently disabled may be able to recover for lost future earnings as well as their long-term medical care.

Why is it important to work with a lawyer experienced in pedestrian accident cases?
 
These cases typically pit injured pedestrians against large insurers or municipalities, both of whom have the resources and experience to wage a full-scale legal defense. Fortunately, lawyers who are experienced in pedestrian accident cases know all of the tactics, ploys, and delays defendants can muster – and how to overcome them. They counter deep pockets with deep knowledge and are in a far better position to help their clients prevail than attorneys who litigate a pedestrian case here and there. At Mary Alexander & Associates, our lawyers have been taking on big, well-funded defendants for more than a quarter of a century. And time and again, we’ve beaten them at their own game, using our expertise and drive to get our clients the compensation, and the answers, they are entitled to.

How do I pay for your services?
 
It’s simple: Unless we recover a financial award or settlement, you don’t pay us anything. That’s because we handle pedestrian accident cases on a contingent-fee basis. In short, the risk is all ours: You pay us only if we’re successful. Expenses work the same way. We pay all the costs of the litigation and are reimbursed only if we obtain a settlement or jury award. Think of it this way: It may be your lawsuit, but it’s always our risk. That’s why you can be assured that if we take your case, it’s because we fully intend to win it.

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