What To Do if You’re Hit by a Car as a Pedestrian

You can take steps to protect your health and your legal rights, including contacting a pedestrian accident lawyer to review your potential legal options.

Pedestrian accidents can happen anywhere and frequently result in severe injury or even death for the person on foot.

Woman uses a crosswalk in Wichita Falls, TX

In Lawton, OK; Wichita Falls, TX; and nationwide, fatal pedestrian accidents are increasing. According to the Governors Highway Safety Association, reported pedestrian deaths shot up by 12 percent last year. Locally, recent fatal pedestrian accidents include:

  • An apparent hit-and-run in July killed a 17-year-old girl walking along I-44 in Lawton.
  • In Wichita Falls, a Cunningham Elementary school secretary was struck by a truck and killed crossing Southwest Parkway in June.
  • In April, police issued a warrant for a man who had allegedly killed a pedestrian in a hit-and-run on the city's northwest side.

As the number of crashes rises, more and more injured people and the families of fatal crash victims are left to figure out what to do after a pedestrian accident. If you were injured or a loved one died in a Wichita Falls or Lawton area pedestrian accident, get answers that apply directly to your case. Contact Hoover Rogers Law, LLP, for a free injury case consultation.

What to do after a pedestrian accident with injuries

  • At the crash site. Often, people hit by cars as pedestrians cannot get up and walk away. For pedestrians hit by vehicles traveling about 30 mph, the risk of serious injury is 50 percent, while death is 25 percent, according to a AAA study. However, if you are hit, and your health and safety allow for it, call 911 and start collecting evidence at the crash site. Get photos and video of the vehicle, injuries, property damage, physical evidence like tire marks, and roadway conditions. Get statements, contact information, and names from witnesses. Do not go into detail about the cause of the crash at this time with responding law enforcement, the other driver, an insurance agent, etc.
  • Seek medical treatment. You should always see a doctor after a pedestrian accident since your body takes the full brunt of the impact. Even if you feel okay, you may have suffered a delayed pain injury to your spine or whiplash. In addition, you could have a concussion or internal bleeding and not know it. Even if it has been a day or more since the crash, it is worthwhile to see a doctor for a thorough medical examination. This visit creates an official medical record of your accident injuries.
  • Contact an experienced pedestrian accident attorney. Depending on where you were injured, a pedestrian accident attorney can take on the insurance company for you. At Hoover Rogers Law, LLP, our pedestrian accident attorneys have a track record of success. We conduct thorough investigations, collect evidence, interview witnesses, and build strong cases that support our negotiations for maximum compensation.

What to do after a fatal pedestrian accident

While criminal charges may be brought against the at-fault driver, this does not affect your right to seek justice and compensation through civil court. Even if the driver is found "not guilty," they may still owe you compensation for their actions and the damages they caused. To recover compensation for things like funeral expenses, loss of contributions to the household, and mental anguish, a lawyer can help you file a wrongful death lawsuit.

Under most circumstances, in Texas, the people who can file wrongful death lawsuits are the immediate family of the deceased — spouse, children, or parents.

In Oklahoma, wrongful death actions can only be brought by the personal representative of the deceased person's estate. The personal representative should be named in your loved one's will. If there isn't one, the probate court will appoint a representative.

We stand up for pedestrian accident victims and their families.

Even though it may seem clear who was at fault for your accident, you should contact a lawyer as soon as possible to put yourself in the best position to recover compensation for your losses. Unfortunately, reckless drivers frequently refuse to accept responsibility, and insurance companies care more about protecting profits than making pedestrian accident victims whole again. That's why you need highly skilled legal representation to protect your rights and aggressively advocate for your best interests. To learn how an experienced pedestrian accident lawyer can help with your potential claim, contact us today to schedule a free injury case consultation.

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