Pedestrian accidents can happen in an instant, often with serious consequences. If you were looking at your phone when the accident occurred, you might wonder how this impacts your ability to file a claim. While distractions can complicate the process, it’s still possible to seek compensation for your injuries.
Understanding Comparative Negligence
When filing a claim, it’s important to understand the concept of comparative negligence. This legal principle acknowledges that more than one party may share responsibility for an accident. If you were distracted by your phone, you might bear some of the fault. However, this doesn’t automatically disqualify you from seeking compensation. Instead, the total amount you can recover may be reduced by your percentage of fault.
Immediate Steps To Take
After an accident, your first priority should be your health. Seek immediate medical attention to address any injuries and ensure a thorough examination. Even if you feel fine, some injuries might not be immediately apparent. Having detailed medical records will be crucial for your claim.
Next, document the scene of the accident as thoroughly as possible. Take photographs of the location, any visible injuries, and relevant surroundings such as traffic signs or signals. Collect contact information from any witnesses who saw the accident. Their statements can provide important context and support your account of the events.
Reporting The Accident
Notify the authorities and file a police report. Provide an accurate and honest account of what happened, including the fact that you were looking at your phone. Honesty is crucial, as discrepancies can harm your credibility and your claim. Obtain a copy of the police report for your records.
Seeking Legal Assistance
Navigating a pedestrian accident claim can be complex, especially when you may share some responsibility for the accident. Consulting with a lawyer, like a pedestrian accident lawyer, can provide valuable guidance. An attorney can help you understand your rights, assess the strengths and weaknesses of your case, and determine the best strategy for seeking compensation.
Building Your Case
Your attorney will help you gather and organize evidence to support your claim. This includes medical records, witness statements, photographs, and any other relevant documentation. They will also assist in proving the other party’s negligence. For instance, if the driver was speeding, distracted, or violated traffic laws, these factors can help demonstrate their share of the fault.
Negotiating With Insurance Companies
Insurance companies often try to minimize payouts, especially in cases where the claimant may share some fault. Having an attorney handle communications with the insurance company can ensure that your interests are represented effectively. Your attorney will negotiate on your behalf to seek a fair settlement that considers all aspects of your injuries and losses.
Find The Right Legal Team
Filing a pedestrian accident claim when you were looking at your phone can be challenging, but it’s not impossible. Understanding comparative negligence, documenting the incident thoroughly, and seeking legal assistance are key steps in navigating the process. With the right support and strategy, you can pursue the compensation you need to recover from your injuries and move forward. Our friends at Wandres Law, PC discuss the complexities of such cases and the importance of experienced legal representation to ensure a fair outcome. Speak with a trusted local law office for help now.