All you Need to Know About Pedestrian Accident Claims

by admin on June 17, 2010

Pedestrian accident claims usually result from motorists being at fault where they do not notice a pedestrian on the road. These accidents can also result from traffic violations, talking on the phone while driving or being preoccupied with any task while driving. In order to file a pedestrian accident claim the pedestrian should not have been at fault and this article will elaborate on useful information that will help you file a road accident claim.

Claimants should note that a pedestrian accident claim can only be filed if the pedestrian that is the claimant was not at fault. The claimant should keep in mind that if he walked on the road despite a red walking light or committed an action not keeping his own safety in mind then the application will be rejected. To prove that the claimant was not at fault, the claimant will need to find a witness who was at the scene of the accident. The witness will testify that the pedestrian was following traffic rules and the accident occurred due to the carelessness or negligence of the motorist. The claimant will also need to collect the copy of the police report to prove that an accident occurred at a certain place.

While filing pedestrian accident claims it is always recommended to get injuries treated right away so that the pedestrian has proof that the injury occurred. The doctor’s note, medical discharge papers and receipts will act as proof that the pedestrian was injured and as a result he spent a certain amount on medical treatment.

While deciding the compensation amount the court will take into account a few factors such as the road conditions, weather and if there were any other motorists on the road. The court will also review the claimant’s medical records and depending on the severity of the injury the court will decide a suitable claim amount. If the claimant has suffered from head injuries, back injuries, neck injuries or permanent disability then he will be given maximum compensation. If the pedestrian could not work due to the injury then the compensation amount will also include lost wages that occurred due to the accident. The claimant will also be compensated for medical expenses that occurred due to negligence of the motorist.

In order to get maximum compensation claimants are advised to opt for professional legal services. Claimants are advised to hire a personal injury solicitor who can prove that the road side accident occurred due to the negligence of the motorist. In addition the solicitor will collect proof, talk to the insurance company if applicable, talk to the witness and represent the claimant in court. Personal injury solicitors can be found online through accident settlement companies that provide free legal services.

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