As a walkable city, Charleston, and all of Kanawha County, has a variety of activities ideally suited for pedestrians. From walking trails to walking tours, you can visit and experience the city’s charm and beauty in historic houses and streets. Working in downtown Charleston offers walkers the opportunity to see the city’s sites every day. It’s a great way to stay in shape and see the sights.
But walking (and jogging) are also fraught with danger. Pedestrians are always at the mercy of others driving cars and other vehicles. The National Highway Traffic Safety Administration (NHTSA) reports that just in 2021, there were 7,388 pedestrian fatalities and 60,577 pedestrian injuries in accidents with motorists.
Many run traffic lights and signs or simply aren’t paying attention. It’s easy to put a foot wrong and find yourself injured by someone else’s negligence. Work with an attorney to make sure your pedestrian accident claim is done correctly.
Post-accident
Immediate medical attention is your priority. Before you leave the accident scene, you’ll have to speak to law enforcement about the accident. Don’t discuss the accident with anyone else.
Get pictures of the accident scene, or ask someone nearby for help.
Get contact and insurance information from all other parties, including any witnesses.
You’ll also need to get the driver’s information, and if applicable, their employer if they were on the job. For instance, someone who is delivering auto parts to a nearby repair shop in the scope of their employment and causes a crash may be liable as well as their employer. The company may also ask you to complete an accident report.
Creating your own accident report helps record the facts and prevents forgetting key details later. Give this to your attorney to assist with filing your claim.
The Pedestrian Accident Claim Process
The other party’s insurance company will call you within a few days of your accident, claiming they are “checking in.” That’s not their intent, so do not talk to them. They’re working to get you to say something to deny your claim. Refer them to your attorney, or notify them that you are planning to hire an attorney, and end the call.
The adjuster is working to discredit your claim and discourage you from filing one. They may try to convince you that the accident was your fault, you don’t have a claim, and you don’t have the right to hire a lawyer. Don’t believe them—you do have the right to legal counsel.
The insurer may offer you a “fair settlement.” But do you know how much is a fair settlement? Will it cover all your losses? What if you’re permanently disabled? Chances are, it won’t. Once you sign, you’ll be unable to collect any more compensation. An attorney will negotiate for a fair settlement that’s right for you.
Evidence
Gather all available accident-related documentation for your claim to give to your attorney, including:
- Medical records, bills, X-rays, and other results
- Prescriptions
- Report or records of missed work/lost wages
- Police report
- Any communication with the other parties
- Your personal accident report
You may not have everything yet, but can forward them later. If you need additional medical care, your attorney can request this information from your doctor.
Filing Your Claim
West Virginia allows just two years to file a pedestrian accident claim. Begin working with your attorney as soon as possible to avoid losing that time.
Your attorney will review your records and other information from the accident, and determine what, if any, additional losses you may have incurred to come up with a settlement figure. Once finalized, the attorney will submit a letter with your pedestrian accident claim to the other party’s insurer, and negotiate with them for a fair settlement.
Most claims are settled without going to court. If the insurance company refuses to offer a fair settlement, your attorney will then file a lawsuit.
Let The Love Law Firm Help With Your Pedestrian Accident Claim
We stand ready to protect your interests and help you get back on your feet after an accident. We’ll examine all the facts in the case, and the police report, and advise you on how to proceed.
You may be able to recover compensation for your injuries, including medical expenses, lost wages, and pain & suffering.
If you’ve been involved in a pedestrian accident, contact us at The Love Law Firm, or call us at (304) 344 5683. Your consultation is free, and we only collect if we win your case.
