If You Get Hit By a Car | Neufeld, Kleinbuerg & Pinkiert
The first thing to determine after a car accident is who is at fault. This is where negligence laws are applied. Contact an attorney to help - 305-931-6666.
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If you
get hit by a car

If you
get hit by a car

By: Jason Neufeld
Posted in: Miami Car Accident

Pedestrians must protect themselves both medically and legally from tragedies on the road. Auto pedestrian accidents can be devastating. Depending on the situation, you may be able to recover some damages if the accident was caused by someone else’s negligence.

Auto pedestrian accidents may cause serious physical injury or harm. The resulting damages in these collisions can be dramatic. If you have witnessed one of these accidents, you have probably seen damages such a shattered lights, broken windows, and so on.

What to do

Getting hit by a vehicle can be very risky, and oftentimes a fatal experience. If a car hit you or perhaps you saw a pedestrian get injured in one of these devastating accidents, you should take some important steps:

  • Stay safe – Sometimes it is impossible to get to a safe location but you can always ask for help from another driver or witness. If you are the one assisting an injured pedestrian, you should not try any medical treatment besides what’s required.
  • Contact the police – It’s important you call the police immediately. They know what to do. They will take statements from the driver, pedestrian as well as any witnesses present. This is information is crucial to determine who is at fault.
  • Insurance information – A rep from your insurance company may come to the accident scene as well. The insurance company can dispute statements in the police report but in most cases hiring a pedestrian accident attorney may be best. Don’t give too much information if your attorney is not present. What you said could be used against you in court. Attorneys know how to handle these situations and represent your interests.

How fault is determined

The first thing to determine after a car accident is who is at fault. This is where negligence laws are applied. In some cases, multiple parties may be at fault. This is why it is important you contact your attorney to help you determine negligence. Some factors to be considered when determining negligence include:

  • When a pedestrian crosses the street in an unmarked area
  • Ignoring traffic signals
  • Walking by a vehicle suddenly

Driver’s duty of care

Drivers are responsible to drive with caution. Since they are the ones operating the vehicle, they have more control over the whole situation. When a driver fails to exercise caution, it can lead to a devastating accident. Some examples of driver’s negligence include:

  • Texting and driving
  • Excessive speeds
  • Failure to yield to pedestrians
  • Not responding to traffic signals
  • DUI
  • Ignoring weather or traffic conditions

Drivers should also check to see if there are any children around. It is an important warning sign of danger to the driver. That’s why laws are more severe with drivers than with pedestrians. There are signs posted in schools and residential areas so drivers have no excuse.

Makes sure you contact an experienced car accident attorney to handle your situation. We are prepared to answer any question you may have.