Blog of Charles Bryan Alred
What To Do If You Are a Pedestrian Hit By Vehicle
Posted on October 10, 2016
Accidents happen all of the time and pedestrian accidents can be especially dangerous. If you live in a city and commute by walking or taking public transportation, your chances to be involved in an accident involving a vehicle are also increased. Whether you are hit by a city-owned vehicle or an individual citizen, there may be multiple liable parties, depending on the conditions of the roads and the role that the government-affiliated party while driving.
What Should I Do?
After the accident, make sure to file a police report of the accident describing the event, take photographs of the scene at which you were hit and record who hit you, and talk to anyone who may have seen the accident. You will then want to file a claim with your insurance company, either in person, on the phone or online, in order to receive coverage for your injuries. After a report is made, you should receive medical treatment for your injuries, either at the emergency room or through your medical provider depending on your level of injury. This will also show insurance carriers that your medical treatment is documented and that you promptly sought treatment.
Who Is Liable?
In Oklahoma, car and pedestrian accidents are based on a standard of fault; this means that the individual responsible for the accident can be held liable to pay for the damages, often through their insurance policy. And although it is against the law to drive without an insurance policy, not everyone carries up to date insurance coverage for their automobile, thus, notifying your own carrier may be your only source of recourse, along with filing a personal injury lawsuit against the driver. The level of recovery will also depend on how much responsibility the pedestrian had in causing the accident; did they cross the street on a no walk sign? Were they jaywalking? Any number of these can take away from the liability of the driver if the pedestrian was acting negligently.
Additionally, the city may hold some responsibility if they have failed to maintain their roads or traffic signals. Additionally, if the city has not maintained its crosswalks, thereby creating a hazard for the pedestrian, the city may also share some liability for the accident.
Get Results Today
If you or someone you know was injured by an automobile while walking or riding a bicycle in your city, please do not hesitate to reach out to the experienced and knowledgeable team of attorneys at the office of Charles Bryan Alred, PC to discuss your claim. Contact our office using our website or call us at 918-745-9960 for a free initial consultation with one of our skilled legal professionals.