Given how vulnerable pedestrians are, it is imperative for drivers to be aware of their surroundings to avoid an accident. Pedestrian accidents often result in severe, catastrophic injuries, including crushed bones and brain injuries. If a negligent driver injured you, do not hesitate to contact the Tulsa personal injury team at Martin Jean & Jackson for the exceptional legal advocacy you need during this troubling time. We will fight on your behalf to hold the responsible party liable for your injuries and recover damages on your behalf.
Learn more about how Martin Jean & Jackson can help you and call us at (580) 290-1006 to schedule a free consultation.
What Steps Should I Take After a Pedestrian Accident?
In the event that you are injured in a pedestrian accident, there are certain steps you must take. First, dial 911 and report the accident and request emergency medical attention if necessary. If you are not in need emergency medical services, you should still seek a full medical evaluation to ensure you do not have any serious health concerns quietly brewing, such as a head injury. Some injuries do not immediately produce symptoms, so the only way to know for sure if you are injured is to see a doctor. Never let the driver convince you not to call the police or to forego seeking medical attention. This will severely jeopardize your chances of success in a personal injury claim.
The driver who hit you is also required to stop. Make sure you obtain all of his or her contact information and insurance information. The officer who arrives at the scene will likely take all of this down and include it in the report, but you should still gather this information yourself in case some of it is accidentally left out.
What Are My Legal Options After a Pedestrian Accident?
If you were injured in a pedestrian accident and someone else was at fault, you have several options. First, if you own a car or motor vehicle and have insurance coverage in addition to the minimum liability coverage, you may be able to file a claim with your own insurance provider. If you were injured while on foot and the driver did not stop (known as a “hit and run”), you could be able to receive compensation for your medical bills and lost wages through your own insurance provider if you have elected to add uninsured motorist coverage (a non-mandatory form of coverage) onto your insurance policy.
Another option, and one that is generally more common, for pedestrians who are injured by motorists is to file a third-party claim with the at-fault motorist’s insurance company. By filing such a third-party claim, you can seek compensation for your medical expenses, lost income, pain and suffering, and other damages.
Lastly, you can file a personal injury lawsuit against the negligent driver who caused the accident and, as a result, caused you injuries and damages. However, before pursuing these last two options, you will need to determine if you have grounds for a claim.
In order to bring a third-party injury claim or pursue a personal injury lawsuit after a pedestrian accident in Oklahoma, you must prove the following:
- You were involved in an accident while walking/on-foot with another person (whether the driver of a car, the operator of a commercial truck, a bicyclist, etc.)
- You were less than 50% at fault for the accident; you can still bring a claim if you were partially at fault, as long as your degree of fault is less than the other person’s
- As a result of the accident, you sustained injuries and/or suffered “measurable” damages, either economic or non-economic in nature
Because motorists are presumed to owe others, including pedestrians, a duty of reasonable care, a motorist’s negligent or wrongful actions that lead to injury are considered a breach of this duty of care. Contact Martin, Jean & Jackson today to learn more about your legal rights and options after a pedestrian accident in Tulsa or anywhere in the state of Oklahoma.
Can Pedestrians be at Fault?
Drivers should do what they can to avoid hitting a pedestrian, even when they are disobeying traffic laws. That said, pedestrians must obey traffic laws. If an accident occurs while the pedestrian is crossing the road when he or she is not supposed to, the pedestrian can potentially be found partially at fault for the accident’s occurrence. As a result, you may not be able to recover as much compensation as you will need to cover the costs associated with your injuries. When liability is not clear, it is even more important to have in experienced injury attorney representing you.
Call Martin Jean & Jackson Today at (580) 290-1006!
Pedestrians do not always have the right of way, but drivers must still exercise a reasonable duty of care to prevent serious or fatal accidents from occurring. If you were injured in a pedestrian accident, you need to act fast and take legal action. At Martin Jean & Jackson in Tulsa, our personal injury attorneys are prepared to provide the knowledgeable legal assistance you need to recover damages and to hold the responsible party liable for your injuries.
Backed by over 100 years of combined legal experience, you can be confident in our law firm’s ability to effectively assist you.
Begin filing your personal injury case today and contact us at (580) 290-1006 to schedule a free case review and learn more about what we can do for you.
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