Understanding pedestrian rights and responsibilities is crucial, especially as pedestrian accidents continue to rise in the Cincinnati and Northern Kentucky area. The Cincinnati Department of Transportation and Engineering counted 269 pedestrian crashes in 2022 alone.
Can a pedestrian sue if hit by a car? If this has happened to you, knowing how to navigate the legal process is essential for securing the compensation you deserve. This guide will walk you through the necessary steps and legal considerations when filing a lawsuit after a pedestrian-car collision.
What Happens When a Person Gets Hit by a Car?
Every pedestrian must understand their legal rights and options. Generally, pedestrians often have the right of way when crossing a street. However, they must still take reasonable steps to avoid being hit by a car.
The moments following a pedestrian-car collision are critical. Your safety and well-being should be your top priority. Seek immediate medical attention, even if you feel fine, as some injuries may not be immediately apparent.
After checking your person, gathering evidence is your next step. Take photos and videos of the accident scene, collect witness statements, and note the weather and road conditions.
Additionally, report the incident to the police and ensure you obtain a police report. This document will be an essential evidence piece in your potential lawsuit. Moreover, make sure to keep all medical records related to the accident.
There are significant legal implications to consider in pedestrian accidents. You may have the right to pursue a personal injury claim if you’ve sustained injuries due to the accident.
Insurance companies will likely be involved and attempt to settle the claim quickly with low offers. That’s why consulting with legal professionals before accepting any offers is crucial to ensure you receive fair compensation for damages.
An expert lawyer can help you navigate the legal system, protect your rights, and prevent mistakes that hurt your claim. Should negotiations fail with the insurance company, or if they refuse to provide a reasonable settlement, lawyers can help you file a lawsuit to ensure you receive fair compensation.
Can Pedestrians Be Legally at Fault for Causing a Crash if They Act Irresponsibly?
In most cases, pedestrians have the right of way. However, if they fail to exercise reasonable behavior and caution when crossing a street, they may be deemed at fault for causing an accident.
Pedestrians have their share of responsibilities when it comes to road safety. Adhering to crosswalks and traffic signals is essential for avoiding accidents. Distractions can significantly impair your ability to react to traffic.
Using phones, wearing headphones, and many other reasons can keep pedestrians preoccupied and cause them to fail to recognize potential dangers. That’s why it’s crucial to remain attentive and focused while walking near roadways.
Shared Fault Scenarios
Sometimes, the driver and the pedestrian may share fault in causing the accident. This concept is comparative negligence, meaning the court will assess both parties’ responsibility for causing the crash.
For instance, if a pedestrian jaywalked and ran across the street against traffic signals, the court may deem them partially at fault for the accident. The pedestrian will still be able to pursue a lawsuit against the driver, but the court will reduce their compensation according to their degree of responsibility.
If a driver were speeding or driving recklessly, they would likely be more culpable. In this situation, the court may reduce or eliminate the pedestrian’s share of fault.
Depending on the jurisdiction, the court will assess how much responsibility each party had in causing the accident. If the pedestrian’s behavior contributed to the crash, the court may reduce their compensation accordingly. Understanding how your actions can impact the outcome of a lawsuit is essential for building a solid case.
What Happens When You Hit Someone When Drunk?
Substances such as alcohol and drugs can severely impair a person’s ability to drive safely. If you hit someone under the influence of these substances, you may be subject to criminal charges, among other penalties.
Legal Consequences for the Driver
When a driver hits a pedestrian while under the influence of alcohol, drugs, or other substances, the legal consequences can be severe. Penalties may include jail time, significant fines, and even license suspension. Additionally, if the driver’s intoxication is proven to have caused the accident, their liability in personal injury lawsuits can increase substantially.
If you are the victim of a pedestrian accident involving a drunk driver, you have a right to pursue punitive damages. Aside from the usual losses and expenses associated with a personal injury lawsuit, these damages are designed to punish the at-fault party for their reckless behavior and can result in higher compensation. It’s crucial to have legal representation in such cases to ensure your rights are protected and you receive the compensation you deserve.
What Is the ICD 10 Code for a Pedestrian Hit by a Car?
As stated by the CDC, the International Classification of Diseases (ICD) is a comprehensive medical coding system that promotes “international comparability in the collection, processing, classification, and presentation of mortality statistics.” This system gets revised periodically to update existing codes.
Understanding Medical Codes
The International Classification of Diseases, 10th Edition (ICD 10), is a standardized classification system for various medical conditions. It includes a format for reporting causes of death on the death certificate.
For a pedestrian hit by a car, the ICD 10 codes V01-V09 might be used to describe the incident in medical records.
Why Choose Richman Law Offices?
Richman Law Offices have a proven track record of expertise in handling pedestrian accident cases in Cincinnati and Northern Kentucky. Our pedestrian accident lawyers specialize in navigating the complexities of personal injury lawsuits with a deep commitment to ensuring victims receive the compensation they deserve.
If you were in a pedestrian accident, you are not alone. With the expertise and dedication of Richman Law Offices, you can confidently move forward with your lawsuit, knowing that you have a team of professionals on your side.Contact us today for a consultation.