Getting run over by a vehicle is a horrifying experience that can leave you with serious injuries. If this terrible situation happens to you, knowing your legal rights is important. You can file a lawsuit against the person who hit you and get money to pay for your hospital expenses, lost earnings, pain and suffering, and more.
The best way to understand your options is to talk to a personal injury lawyer. An experienced attorney will review your case for free and explain how they can seek justice and fair compensation.
What to Do After Getting Hit by a Vehicle
If you are run over, the most important thing to do is to seek medical attention immediately. Your health should be the top priority.
Even if you think your injuries aren’t that bad, some problems may not appear until later. It’s always better to get checked out by a doctor to be safe. Be sure to attend all recommended follow-up appointments and finish your full course of treatment.
Seeing a doctor right after the accident will also help document your injuries. This will be important evidence to support your legal case down the road. Make sure to keep copies of all medical records, bills, prescriptions, and other paperwork related to your treatment.
Another key step is to immediately write down everything you remember about the accident. Jot down when and where it occurred, what happened, who was involved, and contact information for any witnesses. Take photos of your injuries, damage to your personal property, and anything else that seems relevant. This information can help strengthen your case if you decide to take legal action.
Avoid discussing the accident with the at-fault driver or their insurance company before consulting with your personal injury lawyer. The other party may get you to make statements or sign agreements limiting your rights. Let your injury attorney handle all communications and negotiations on your behalf. It’s their job to protect you and advocate for your best interests.
Should You File a Lawsuit After Getting Run Over?
In many situations, the answer is yes. If a reckless or negligent driver hits you with their vehicle, you deserve justice and compensation for the damage they’ve caused. A successful lawsuit can provide money to cover your current and future medical expenses, lost income if you can’t work, physical and emotional pain and suffering, and other accident-related damages. However, not every case warrants filing a lawsuit. The strength of your potential claim depends on several factors:
Severity of Your Injuries
The severity of your injuries plays a huge role in determining the strength of your case when suing someone for running you over. Generally speaking, the more serious your injuries, the stronger your potential compensation claim. If you suffered catastrophic harm like traumatic brain injury, paralysis, amputation, or another permanent disability, you may be entitled to substantial damages to cover your extensive medical bills, lost income, pain and suffering, and reduced quality of life.
On the other end of the spectrum, if you only sustained scrapes and bruises, your case may be worth much less. However, even moderate injuries that require ongoing medical treatment can still result in a settlement or award. The key is demonstrating how the accident has negatively impacted your health. Your personal injury lawyer can help gather evidence of the full extent of your injuries to build a strong case for maximum compensation.
Available Insurance Coverage
In most pedestrian accident cases, the driver’s auto insurance policy is the primary source of compensation. That means the strength of your case can hinge on the available coverage. If the at-fault motorist has high liability limits, you have a better chance of obtaining a satisfactory settlement for your injuries and losses. With more money accessible, the insurer may be willing to negotiate in good faith and pay a fair amount to resolve your claim.
On the flip side, if the driver has low policy limits or, worse yet, no insurance, it may be significantly harder to collect full and fair payment even if you win your case. A so-called “judgment proof” defendant without assets or income typically isn’t worth pursuing.
However, an experienced personal injury attorney will explore all possible avenues of recovery beyond the obvious. For instance, your own uninsured/underinsured motorist coverage or personal injury protection may kick in, or there may be a third party like a vehicle manufacturer or government entity that shares liability. Your lawyer will identify every potential source of compensation to maximize your financial recovery.
Gathering Strong Evidence
The success of your pedestrian accident case can largely depend on the strength of your supporting evidence. The more proof you have to back up your side of the story, the better your chances of obtaining a favorable outcome. Your personal injury lawyer will investigate the incident to uncover evidence showing the driver’s negligence.
Ideally, there will be clear indications the motorist was at fault, such as surveillance video capturing them blowing through a red light or failing to yield the right-of-way in a crosswalk. Photographs of the accident scene, your injuries, and property damage can also help paint a compelling picture. The police report may contain useful information about the driver’s apparent negligence. Perhaps most valuable is credible testimony from independent eyewitnesses who can attest to what they saw.
The more evidence your attorney can gather in your favor, the stronger position you’ll be in during settlement negotiations or at trial if needed. Remember, the insurance company won’t simply take your word for what happened. You’ll need objective proof to convince them of the merits of your case.
What Damages Can You Seek If Someone Runs You Over?
A personal injury lawsuit allows you to pursue many damages after getting hit by a vehicle.
Some common examples include:
Medical Expenses
Healthcare costs after a serious accident can quickly become overwhelming. You may need extensive treatment like surgeries, hospital stays, medications, rehabilitative therapy, medical equipment, in-home care, and more. A lawsuit can provide compensation to pay for these bills, including projected costs of medical needs far into the future.
Lost Income
Severe injuries often force you to miss work for an extended period while you recover. You can seek reimbursement for earnings lost during this time. Suppose the accident leaves you with a permanent disability that impacts your ability to earn a living. In that case, you may also receive compensation for your diminished earning capacity over your lifetime.
Pain and Suffering
This category covers physical pain and emotional anguish resulting from the accident and your injuries. While more subjective and harder to quantify than economic losses, pain, and suffering is often the largest component of a settlement or award. The worse you are hurt, the more you can typically recover for these non-economic damages.
Other Damages
Depending on your circumstances, you may have other compensable losses. For example, if you can no longer do activities you once enjoyed, you can seek money for losing quality of life. The accident may entitle you to reimbursement for repair or replacement costs if your property was damaged. Discuss your full range of damages with your personal injury lawyer.
Every case is different, so there’s no set formula for calculating the potential value of your lawsuit. However, an experienced attorney can draw on past case results to estimate what your claim may be worth. In general, more catastrophic injuries tend to lead to higher compensation. Your lawyer will negotiate aggressively to get you every dollar you deserve.
How Long Does a Pedestrian Injury Lawsuit Take?
The timeline for resolving an injury claim after getting run over varies widely. Sometimes, the insurance company may reach a settlement in just a few months. But if someone disputes liability or you suffer major injuries or life-changing harm, it may take a year or longer to conclude your case.
Much depends on how long your medical treatment lasts. It’s usually best to wait until you reach maximum medical improvement before trying to settle. That way, you know the full scope of your injuries and future care needs. If you resolve the case too soon, you may discover additional health issues you can no longer claim later.
The negotiation process also impacts how long your case will take. Insurers are always looking to minimize payouts. They may make lowball settlement offers at first to see if you’ll accept less than you deserve. Going back and forth to reach a fair agreement often takes time. If negotiations hit a wall, you may need to file a formal lawsuit and head toward trial, which extends the process.
Your personal injury lawyer will update you on your case status as it progresses. While wanting a quick resolution is understandable, try to stay patient. Let your attorney handle the legal work while you focus on your health and recovery. Pushing for a premature settlement can mean losing out on valuable compensation you’ll need in the years ahead.
What If the Driver Who Hit You Has No Insurance?
Getting run over by an uninsured driver makes an already stressful situation even more overwhelming. But you may still have options for recovering damages with help from a skilled personal injury lawyer. You can file a claim with your provider, depending on your insurance coverage. You can get payment up to your policy limits if you have uninsured/underinsured motorist (UM/UIM) coverage or personal injury protection (PIP).
Your personal injury lawyer will thoroughly assess the accident to identify any parties that may owe you compensation. If a viable source of recovery exists, your attorney can help pursue a claim to get the money you need to move forward with your life.
Don’t Wait to Call a Personal Injury Lawyer
It’s important to act quickly if you’re considering taking legal action after getting run over. There are strict deadlines for filing personal injury lawsuits called statutes of limitations. If you miss the cutoff date, you will likely lose the chance to seek compensation for your injuries and losses.
Statutes of limitations vary by state. Some states give you as little as one year from the accident date to get your case started. Others allow two to four years or possibly longer. Your personal injury lawyer can explain the specific time limits that apply to your claim. But to protect your rights, it’s always best to consult an attorney as soon as possible while the evidence is fresh and you can still locate witnesses.
Most personal injury law firms offer free initial consultations, so you have nothing to lose by speaking with a lawyer about your situation. The attorney can review the facts of your case, answer your questions, and discuss your legal options for seeking justice and fair compensation.
If you hire a lawyer, they will typically represent you on a contingency fee basis. That means you pay nothing upfront and no fees unless they win money for you through a settlement or court verdict. The lawyer’s fee is simply a percentage of your financial recovery. You’ll agree to the percentage in writing at the beginning, so there will be no surprises.
Get the Legal Help You Need Now
Getting run over by a vehicle is a traumatic event that no one should have to face alone. If this terrible situation has impacted your life, the most important thing you can do is contact an experienced personal injury lawyer as soon as possible.
You may be entitled to significant compensation. However, building a strong case takes time, and there are strict deadlines for taking legal action. The sooner you contact a knowledgeable attorney, the better your chances of recovering the full and fair compensation you deserve.
Most reputable injury attorneys offer free consultations, so you have nothing to lose by exploring your rights and options under the law. Schedule an appointment today to discuss your unique situation with a legal professional who can provide you with assistance in seeking justice and putting your life back together after a devastating accident.