Can I sue if someone hits me with their car?


January 5, 2023 / Car Accidents

If you were hit by a car while walking on the sidewalk or enjoying a leisurely stroll, it can be both frightening and result in severe injury and impairment. You could be laid up in the hospital for weeks and experience several days or weeks off work. If you’re wondering “can I sue if someone hits me with their car?”, the answer is often “yes.”

Pedestrian accidents spiked by 12% nationwide in the first nine months of 2021 as drivers — stressed and fatigued by the pandemic — became more careless, distracted and anxiety-ridden. In 2020, there were 6,516 pedestrian traffic deaths in the U.S., and pedestrian fatalities as a percent of all traffic fatalities totaled 16.8%, according to the National Safety Counsel. The largest number of pedestrian deaths occur among 55- to 64-year-olds. Alcohol impairment was a factor in 40% of all pedestrian traffic deaths in 2019, accounting for 2,430 fatalities.

I was hit by a car while walking. What can I do?

Everyone loves being outdoors when the weather is warm, and this can include relaxing in the backyard, playing games, and strolling around the neighborhood. But a pleasant afternoon can turn tragic if you are hit by a car while walking. If this happens to you, there are several steps you should take:

  1. If you are hit while walking on the side of the road, immediately move to the sidewalk or other safe spot to ensure that you’re not hit by other oncoming cars.
  2. Call 911 and seek medical attention right away.
  3. Take note of the make, model, color, and license plate of the car that hit you, particularly if it doesn’t stop.
  4. If the driver stops, get his name, contact info, and driver’s license information.
  5. When police respond to the scene, answer their questions succinctly but do not provide long explanations or acknowledge fault for the accident.
  6. If you have a mobile phone with you, take pictures of your injuries, the accident scene, and any damage to the vehicle that hit you.
  7. Get the names and contact info of any eyewitnesses who saw the accident happen.
  8. Hire a pedestrian accident lawyer to represent you.

I got hit by a car but feel fine. Should I still seek medical attention?

Yes. Whenever you’ve been hit by a car or other vehicle, you should always get checked out by a doctor, even if you feel fine. Oftentimes, symptoms arise hours or even days after the accident, indicating that your injuries are more serious than you initially thought. Sometimes they can even be life threatening, particularly if they involve internal bleeding, head trauma, or organ damage. The best rule of thumb is to go to an emergency room, outpatient clinic, or your family doctor’s office to be examined and get x-rays or other tests if medically indicated. Not only will this ensure your safety and protection, but these tests and medical records will also form the basis of a future legal claim for compensation.

Common injuries in pedestrian accidents include:

  • Broken bones
  • Head injury and TBI
  • Back, neck, and spine injuries
  • Organ damage
  • Cuts, bruises, and lacerations
  • Internal bleeding
  • Road rash
  • Sprains and strains
  • PTSD
  • Paralysis
  • Emotional trauma

It is critical that you immediately get the medical attention you need after a pedestrian accident. This could prevent further injury and disability.

I was hit by a car while walking, and the car sped away. How do I find out who the driver is?

Hit-and-run accidents happen, and when they do, the driver of the vehicle is in big trouble. Not only have they injured another person, but they fled from the scene of the accident. You may have a civil and criminal case against this careless driver. The best thing you can do is hire an Indianapolis pedestrian accident lawyer who will file a civil claim on your behalf. Your attorney can use his extensive resources, including police reports and eyewitnesses, to help you identify, locate, and file a lawsuit against the driver.

How will my pedestrian accident attorney advocate for me?

A skilled and experienced lawyer will look for every opportunity to advance your case and create a compelling narrative about your injuries and losses. As part of Stephenson Rife’s overarching legal services, we will:

  • Examine evidence
  • Scour police reports and photos
  • Interview eyewitnesses and bystanders
  • Conduct an accident scene investigation
  • Compile medical records
  • Hire an expert witness, if needed
  • Craft a compelling lawsuit and supporting documents
  • Handle all court filings
  • Represent you in hearings and legal proceedings
  • Negotiate aggressively with insurance companies
  • Argue your case before a jury, if necessary

At Stephenson Rife, we leave no stone unturned when fighting for our clients’ rights. We will not rest until we achieve the best outcome possible.

How much does it cost to hire a pedestrian accident lawyer?

Here’s the good news, our Indianapolis car accident lawyer and pedestrian accident lawyers work on contingency, which means we don’t get paid until you get paid. Our legal fees are paid by the defendant as part of a settlement agreement or jury award. If for some reason your claim is not successful, then you owe us nothing. You don’t ever have to worry about needing a lot of money up front to hire a lawyer at Stephenson Rife. We are here to fight for your rights and get the compensation you deserve.

You may be entitled to economic and non-economic damages. Economic damages include medical bills, lost wages and property damage. Non-economic damages include pain and suffering, mental anguish and emotional distress, disfigurement, and loss of consortium.

Why choose Stephenson Rife?

Our attorneys are among the best and the brightest. We have honed an outstanding legal reputation for integrity, grit, and skill in aggressively representing our clients. We offer compassion and guidance to our clients and will walk beside you every step of the way throughout the legal process. We are relentless in negotiating with insurance companies, and we don’t hesitate to go to court and argue a case before a jury if that’s what it takes to get fair compensation. Our client testimonials and successful case results speak to skill and experience.

If you’ve been hit by a car or motorcycle and were injured, you may be entitled to financial compensation. This is especially true if the driver was drunk, distracted, or negligent. Our attorneys have won compensation in many pedestrian cases, and we are willing to fight for you. To find out more about how we can help, call us for a free initial consultation at (317) 680-2501.

Attorney Mike Stephenson

Attorney Mike StephensonMike Stephenson has 40 years of experience and is a trusted advisor to many individuals and companies. His current practice is dominated by civil litigation in state and federal courts. He focuses much of his time on handling catastrophic injuries caused by all types of accidents, including motor vehicle, trucking, workplace injuries, product liability, and fire, just to name a few. He also works extensively in construction accidents. [ Attorney Bio ]

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