Home > Blog > Can You Sue Someone for Running You Over?
Can You Sue Someone for Running You Over?
You can generally sue someone for running you over. However, you may choose to hire a pedestrian accident attorney to provide a more definitive answer. Every instance of a motorist striking a pedestrian is unique, and you deserve a personalized assessment of your case.
Who Is Liable When a Motorist Hits a Pedestrian?
Motorists are most often responsible for accidents. When a motorist strikes a pedestrian, therefore, they may be the party liable for resulting damages.
A motorist may strike a pedestrian because:
They were texting or distracted in another way while driving
They were intoxicated
They failed to yield the right of way to the pedestrian
They failed to obey traffic signals
They were speeding and unable to stop
There is no excuse for a motorist to hit a pedestrian, let alone run them over. If a motorist is at fault for your pedestrian accident, an attorney will seek an appropriate settlement from them.
Non-Motorists Can Also Be Liable for a Pedestrian Accident
In some instances, a non-motorist can be liable for a pedestrian accident. Such parties may include the manufacturer or seller of a defective vehicle. A municipality may be liable if dangerous road conditions or deficient traffic signals contribute to a pedestrian accident.
Many circumstances can lead to a pedestrian accident. This is why it’s so important that you have an attorney review your case. They will gather all of the relevant details of your case and determine liability for your losses.
An Attorney Can Pursue a Lawsuit for You
An attorney may determine that you have grounds for a lawsuit. If you choose to, the lawyer can pursue a lawsuit for you. In some cases, an insurance claim may be a more appropriate course of action.
If you choose to file a lawsuit related to your pedestrian accident, a personal injury lawyer can:
Determine the Cost of Your Accident-Related Damages
Every pedestrian accident victim suffers different injuries and endures unique losses. A lawyer will create a personalized, detailed record of your damages.
A lawyer’s ability to calculate damages accurately is an important reason to hire them. Calculating losses is not always easy and is critical in any pedestrian accident case. Whether your losses are economic or non-economic, a lawyer will identify them and their corresponding value.
Build Your Case With Evidence, Testimony, and Expert Accounts
Your lawyer will build the strongest case that they possibly can.
A car accident attorney may generally build a case by:
Visiting the scene of the accident, taking photographs, and gathering any available evidence
Speaking with witnesses to the accident
Seeking any video footage that shows the accident
Hiring experts who can contribute to a case in a variety of ways
Obtaining the police report for the accident
Taking any other steps that benefit your case
Attorneys want to have the strongest case possible when they enter settlement negotiations, and your lawyer will have the same goal.
Seek a Fair Settlement for Your Damages
You may get a settlement to cover your accident-related damages. In fact, settlements are more common than trial verdicts when it comes to civil lawsuits. Your lawyer will negotiate for a settlement that compensates you fairly, and you should not accept any lesser amount.
Take Your Case to Trial, if It Is the Appropriate Move
Though trials are not the norm in personal injury cases, they do occur. Your lawyer should be willing to take your case to trial if it is in your best interests.
Don’t hesitate to ask a law firm if they’ve taken cases to trial. You can pose this question during your free consultation, which most law firms offer. You may even ask what their results at trial are and under which circumstances the law firm will take a case to court.
Handle the Day-to-Day Responsibilities of Your Trial
A lawsuit is a significant undertaking. From drafting paperwork to speaking with witnesses, hiring experts, and fulfilling the financial costs of a case, a lawyer will handle every step in the legal process for you.
When you hire a lawyer to lead your pedestrian accident case, expect them to take the legal process off of your hands.
Recoverable Damages in a Pedestrian Accident Case
When a vehicle strikes a defenseless pedestrian, recovering damages is likely. The questions are which damages have you suffered, and how have those damages cost you—financially, physically, emotionally, and otherwise.
Recoverable damages or a pedestrian accident victim may include:
Medical costs: Including the cost of emergency transport, hospitalization, X-rays and other imaging services, medications, specialist appointments, and other services
Professional losses: Including lost income, lost earning power, missed bonuses and promotions, lost productivity, and other professional (i.e., financial) harm.
Pain and suffering: Including emotional anguish, loss of quality of life, injury-related pain, post-traumatic stress disorder (PTSD), and other types of pain and suffering
Property damage: Including the cost to repair or replace damaged electronics, jewelry, clothing, and other valuables damaged during the pedestrian accident
A lawyer may discover losses that you’re not even aware of. It will be their job to identify, value, and seek compensation for the losses you’ve suffered.
Reasons to Hire a Lawyer Instead of Handling Your Case on Your Own
Some might try to handle a pedestrian accident case on their own, perhaps in an attempt to maximize their recovery. There are several flaws in this thinking, and you should carefully consider the risk of proceeding with an experienced attorney on your side.
If you don’t hire a lawyer, then you may:
Become exasperated by the responsibilities of the legal process, potentially worsening any physical or psychological problems
Struggle to build a strong case
Lose your legal fight
You may put forth a significant effort and investment with no guarantee of victory. Instead, you can hire a lawyer to manage all case-related duties, and they will generally only receive a fee if they win for you.
Call an Attorney Today to Discuss Your Pedestrian Accident Case
Call an attorney as soon as you can. There may be case-related deadlines that your lawyer must abide by. The sooner you retain a personal injury lawyer, the sooner they can begin fighting for justice on your behalf.
YOU MIGHT BE ALSO INTERESTED IN
Video From Here in San…
Thousands of pedestrians are hurt every year in California and hundreds more die. Often, the causes of these…