Warshafsky Rotter Tarnoff Bloch, S.C.

Hit by a Car while Walking? Now What?

Madison Personal Injury Attorneys on Car vs Pedestrian Lawsuits

Injured by being hit by a car while walking in MadisonFirst, thank your lucky stars you’re still alive. Pedestrians being hit by cars has become an all too common occurrence around Madison, and in many cases the pedestrian doesn’t survive. Fortunately, though, you’re reading this. And, hopefully, you’ll find it helpful.

Some Not-Too-Surprising Advice from a Lawyer: Get a Lawyer!

Regardless of the extent of your injuries, it’s a good idea to retain legal counsel. Often, injuries don’t become apparent until a few days after the accident. What today seems like just a little soreness from falling down may end up being something far more serious, like a torn rotator cuff or a herniated disc.

So, even if you think you’re just a little bruised up from falling down on the pavement, don’t say it to anyone—especially to the insurance company lawyers representing the driver who hit you. What you need is a personal injury attorney experienced with car accident lawsuits representing you in any verbal or written communications with the driver, his or her insurance company and their lawyers.

What if You’ve Been Hit by a Car and Don’t Have Health Insurance?

If you’ve been injured, you absolutely have to get treated for your injuries—insurance or not. Explain the situation to the hospital and the doctor attending to you. Chances are they will accept regular payments toward your bill, which you can make until you are reimbursed for your expenses through the personal injury suit you file (Yes, you are going to file a personal injury suit!).

If your accident was a clear case of negligence on the part of the driver, a personal injury suit will almost certainly recoup all your medical expenses. And even if you are found to be partly responsible for the accident, you will still likely to be awarded at least part of the money you seek through your suit.

Which leads us to the topic of determining who’s at fault in an accident…

INJURED? It IS About The Money.®

Determining Fault in Car vs Pedestrian Accidents

When a personal injury suit is contested in court, a determination has to be made about who was at fault for the accident. Fault is generally determined by the law of negligence. Simply put, the party who fails to exercise reasonable care can be considered to be “negligent.”

In many cases, however, both a driver and pedestrian can be found negligent, such as in a situation where a pedestrian is crossing the street illegally and a driver is speeding. In such cases, the court follows a “comparative fault” rule. If the court makes a determination, for example, that a pedestrian was 25% responsible for the accident, the monetary award for damages is then reduced by 25%.

About Our No-Win, No-Fee Policy

It’s simple: If we don’t succeed in getting a monetary award or settlement for you, we don’t ask for payment. With Warshafsky, there is no upfront money required to have us represent you, and no ongoing legal bills, so you are never at risk of losing any money by hiring us.

Free Initial Legal Consultation on Your Injury

Take advantage of our offer to meet with you at no charge whatsoever. You’ll meet with one of our experienced personal injury attorneys, not a paralegal or a secretary. It’s a great opportunity to get some of your questions answered and get a feel for how we would represent you.

Need legal help after being hit by a car? Contact our Madison car accident attorneys for a free initial legal consultation.

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