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Determining If You Have a Case If You’ve Been Hit by a Car as a Pedestrian

June 28, 2024

Might You Have a Case?

Being hit by a car as a pedestrian is a traumatic experience that can lead to severe injuries, emotional distress, and significant financial burdens. Determining whether you have a valid legal case following such an incident can be complex. Newman Injury Law, with over a century of combined experience among our attorneys, is here to guide you through this challenging process. In this blog, we’ll discuss the factors involved in determining if you have a case; however, it’s important to note that this is only a general guide, and you should always consult a qualified attorney for legal advice specific to your situation.

crosswalk

Assessing the Situation
The first step in determining if you have a case is to assess the situation immediately after the accident. Your immediate focus should be on your safety and well-being.


Immediate Actions to Take:

1. Seek Medical Attention: Your health is the top priority. Even if injuries seem minor, it is crucial to seek medical attention promptly. Some injuries may not be immediately apparent and can worsen over time.

2. Contact the Police: A police report is an essential piece of documentation. The police will investigate the scene, interview witnesses, and create an official report that will be vital for your case.

3. Gather Information: Collect as much information as possible at the scene. This includes the driver's contact and insurance information, witness statements, and photographs of the accident scene, your injuries, and any property damage.

crosswalk

Determining Liability
One of the critical aspects of your case is establishing liability. To have a valid claim, it must be shown that the driver was at fault for the accident.


Key Factors in Determining Liability:

1. Driver Negligence: Common examples include speeding, distracted driving, running a red light, or failing to yield to pedestrians in crosswalks.

2. Traffic Violations: If the driver violated any traffic laws, this can significantly strengthen your case. The police report and any citations issued can serve as important evidence.

3. Witness Testimonies: Statements from witnesses can corroborate your account of the accident and help establish the driver's fault.

A person is wrapping another person 's hand with a bandage.

Documenting Your Injuries and Losses
Accurate documentation of your injuries and associated losses is crucial for building a strong case. This documentation will help demonstrate the impact of the accident on your life.


Essential Documentation:

1. Medical Records: Keep detailed records of all medical treatments, diagnoses, and expenses. This includes hospital visits, physical therapy, medications, and any future medical needs.

2. Lost Wages: Document any time missed from work due to your injuries, including lost income and potential future earnings if your ability to work is affected.

3. Pain and Suffering: Maintain a journal of your physical pain, emotional distress, and overall impact on your daily life. This can be an important component of your compensation claim.

person at a crosswalk

Consulting with an Experienced Personal Injury Attorney
Navigating the legal complexities of a pedestrian accident case can be challenging. Consulting with an experienced personal injury attorney can provide valuable guidance and increase your chances of a successful outcome.


Benefits of Legal Representation:

1. Expert Evaluation: An attorney can assess the details of your case, identify potential challenges, and determine the best legal strategy.

2. Negotiation Skills: Attorneys have the skills to negotiate with insurance companies to ensure you receive fair compensation for your injuries and losses.

3. Court Representation: If your case goes to court, having a knowledgeable attorney by your side can be crucial for presenting a compelling case.

injured boy

Why Choose Newman Injury Law
With over a century of combined experience, the attorneys at Newman Injury Law are dedicated to representing pedestrians injured in accidents. Our extensive expertise and commitment to client advocacy ensure that you receive the best possible representation.


Our Commitment to You:

  • Personalized Attention: We understand that every case is unique. We provide tailored legal strategies to meet your specific needs.
  • Thorough Investigation: Our team conducts comprehensive investigations to gather all necessary evidence and build a strong case.
  • Proven Track Record: Our history of successful outcomes for our clients speaks to our dedication and expertise.


If you have been hit by a car as a pedestrian, do not navigate this challenging situation alone. Contact Newman Injury Law for a free consultation. Let our experience and commitment work for you, ensuring that your rights are protected and you receive the compensation you deserve. 


Determining whether you have a case after being hit by a car as a pedestrian involves several critical steps, including assessing the situation, establishing liability, documenting injuries, and consulting with an experienced attorney. Newman Injury Law, with a century of combined legal experience, is here to help guide you through this process and advocate for your rights. Contact us today to discuss your case and learn how we can assist you in obtaining the justice and compensation you deserve.

A person wearing gloves is applying a bandage to their knee.
A woman is waiting at a traffic light to cross the street.
A close up of a person 's hand with a bandaid on it.
people at a crosswalk
woman at a crosswalk
A large group of people are crossing a busy intersection.

Why You Shouldn’t Accept the First Settlement Offer After a Car Accident

August 15, 2024
Avoid Rushing to a Settlement After a car accident, dealing with the aftermath can be overwhelming. Between managing your injuries, handling insurance claims , and navigating the legal process, it’s understandable that you might be tempted to quickly resolve the situation by accepting the first settlement offer from the insurance company. However, this initial offer is often far less than what you are entitled to, and accepting it could mean missing out on the full compensation you need to cover your expenses and losses. At Newman Injury Law, we advise our clients to carefully consider all aspects of their claim before accepting any settlement. Here’s why you should be cautious about taking that first offer. Insurance Companies Are Not on Your Side It’s important to remember that insurance companies are businesses with their own bottom line to protect. Their goal is to minimize payouts on claims, which means that the first settlement offer is typically much lower than what you might actually deserve. Insurance adjusters often hope that by offering a quick settlement, you will be eager to accept and close the case, especially if you are facing mounting medical bills and lost wages. However, this initial offer is rarely reflective of the true value of your claim.

Warning Signs of Unsafe Working Conditions

August 8, 2024
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Proving Negligence in a Personal Injury Case

August 1, 2024
Prove Your Case In personal injury law, proving negligence is crucial to securing compensation for your injuries. Negligence refers to the failure of an individual or entity to exercise reasonable care, resulting in harm to another person. Understanding how to establish negligence can significantly impact the outcome of your case. At Newman Injury Law, our attorneys have over a century of combined experience in navigating the complexities of personal injury cases and proving negligence to ensure our clients receive the justice they deserve. Elements Required to Prove Negligence To successfully prove negligence in a personal injury case, four key elements must be established: 1. Duty of Care The first step is to demonstrate that the defendant owed a duty of care to the plaintiff. This means showing that the defendant had a legal obligation to act in a certain manner to prevent harm. For example, drivers have a duty of care to follow traffic laws and operate their vehicles safely to avoid accidents.  2. Breach of Duty Once the duty of care is established, it must be shown that the defendant breached this duty . A breach occurs when the defendant fails to act with the level of care that a reasonably prudent person would have exercised under similar circumstances. This could include actions such as running a red light, failing to maintain property, or not providing adequate safety measures.

Understanding Wrongful Death Cases

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Could You Have a Defective Product Case?

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Common Types of Truck Accidents and How a Lawyer Can Help You Recover

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Find the Help You Need Truck accidents are often catastrophic, resulting in severe injuries or even fatalities due to the sheer size and weight of commercial trucks. Understanding the common types of truck accidents can help potential clients recognize the complexities involved and the importance of seeking legal assistance from a personal injury lawyer. Here are some of the most common types of truck accidents: 1. Rear-End Collisions Rear-end collisions occur when a truck crashes into the vehicle in front of it. These accidents can be particularly devastating because of the force exerted by a heavy truck. Factors contributing to rear-end collisions include speeding, distracted driving, tailgating, and brake failure. Due to the significant difference in size and weight, the occupants of the smaller vehicle often suffer severe injuries.

The Long-Term Consequences of Car Accidents and Slip and Fall Injuries

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Navigating Dog Bite Incidents: Your Rights and Legal Options

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Understanding Worker’s Compensation: An Introduction and Overview

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Understanding Comparative Negligence: What If I Am Partially at Fault for My Injury?

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Take Counsel From the Best At Newman Injury Law, we often encounter clients who are concerned about their ability to pursue a personal injury claim because they believe they may be partially at fault for their injury. This concern leads to the question: "Do I still have a case if I am partially at fault?" The answer to this question lies in the legal concept of comparative negligence. This article will explore comparative negligence, provide examples to illustrate how it works, and explain why consulting with an experienced attorney at Newman Injury Law is essential. What Is Comparative Negligence? Comparative negligence is a legal principle used in personal injury cases to determine the extent to which each party involved in an accident is responsible for the resulting injuries. Under this doctrine, the fault is divided among all parties involved based on their respective contributions to the incident. The amount of compensation a plaintiff can receive is then adjusted according to their degree of fault.
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