What you’ll learn from this article:
- The importance of seeking medical attention after a pedestrian accident.
- The damages you can recover if you’re struck by a vehicle while walking.
- The role of comparative negligence in Kentucky in your ability to file a claim after a pedestrian accident.
- The statute of limitations for filing a claim in Kentucky.
Getting hit by a vehicle while walking can result in catastrophic injuries. In just an instant, your life can change dramatically. Knowing the proper steps to take after an accident as a pedestrian is crucial for protecting your health and legal rights. This guide covers key actions you should take if you are asking the question “I got hit by a car while walking what should I do?
1. Seek Medical Attention Immediately
The first priority is always to get evaluated and treated for any injuries sustained when hit by a car. Even if you feel fine initially due to adrenaline, there may be underlying damage; after all, your body was hit by a car. Head straight to the emergency room or call 911 for emergency medical services. Getting prompt medical care creates important documentation and establishes you sought treatment immediately.
2. Report the Accident to the Police
Contact the police to come to the scene of the accident. Provide a statement on what occurred and ask witnesses to share what they saw as well. Police will include all accounts in their detailed accident report and indicate who was at fault based on their investigation. Having an official report stating the motorist’s liability is invaluable for pursuing compensation.
3. Document the Accident Scene and Your Injuries
Take photos of the area where the collision occurred, showing skid marks, debris, weather conditions, or other relevant factors. Also photograph any visible injuries like scrapes, bruises, or cuts before they heal. These images help demonstrate what happened and the force of the impact on your body. If security cameras or dash cams captured footage, request copies.
4. Seek Legal Counsel
Contact an experienced pedestrian accident attorney for advice on your options after getting hit while walking. An attorney can help collect evidence, deal with insurers, and pursue maximum compensation for both economic and non-economic damages. Strict statutes of limitations govern injury claims, so it is best to have skilled legal representation right away.
What Damages Can I Recover if I Got Hit By a Car While Walking?
If the driver who hit you is at fault, you may be entitled to various forms of compensatory damages. These can include:
- Medical expenses: All costs related to emergency care, hospital bills, procedures, rehabilitation, and ongoing therapies.
- Lost income: Wages lost due to missing work during recovery.
- Loss of future earning capacity: If disabilities impact employability long-term.
- Property damage: Repair or replacement of items like clothing, shoes, glasses, canes, etc.
- Pain and suffering: For physical pain endured.
- Emotional distress: Compensation for trauma, anxiety, PTSD, etc.
- Disfigurement: For permanent scars or alterations to appearance.
An experienced pedestrian lawyer can seek full and fair compensation through aggressive negotiation or litigation. Damages, especially for catastrophic injuries, can total hundreds of thousands or millions of dollars.
I Got Hit By a Car While Walking: What If I Was Partially at Fault?
Even if you were partially responsible through jaywalking or another action, you may still recover reduced damages after getting hit by a car in Kentucky. Under comparative negligence rules, compensation gets reduced by your percentage of fault. Your attorney will evaluate your options to get you the best settlement possible.
Should I Give a Recorded Statement to the Insurance Company?
Insurance companies often pressure victims to provide a recorded statement detailing the accident. Avoid giving any official statements until you have legal representation. What you say can be used against you later to minimize the at-fault driver’s liability.
How Long Do I Have to File a Claim in Kentucky?
Every state has strict statutes of limitations dictating how long after an accident you may pursue legal action. In Kentucky, you have two years from the date of the accident to file a claim. An attorney helps preserve your rights and handles filing within the timeframe to ensure you don’t miss any important deadlines.
Pedestrian Accident Attorneys at McCoy & Sparks
Getting injured by an oncoming vehicle can devastate your finances and alter your entire life. However, holding negligent drivers fully accountable can help you move forward. Discuss your options with an experienced pedestrian accident lawyer to make informed choices on pursuing maximum compensation and justice with proper guidance.
Recognized as one of Central Kentucky’s best law firms, McCoy & Sparks represents thousands of clients in Central Kentucky. You owe us nothing unless we win your case. Contact us or call us at (844) 4KY-WINS for a risk-free consultation with one of our pedestrian accident attorneys today.