Being struck by a vehicle while walking is one of the most traumatic experiences a person can face. Each year in Raleigh, pedestrians who are hit by cars while walking face life-changing injuries and overwhelming challenges. At The Law Offices of John M. McCabe, we witness firsthand how being hit by a car while walking impacts every aspect of a victim's life - from devastating physical injuries to emotional trauma to mounting financial pressures.
We work daily with clients who were hit by a car while walking, providing compassionate guidance through their recovery journey. Our deep understanding of pedestrian accident cases allows us to help victims and their families navigate the complex aftermath of being hit by a car while walking. This comprehensive guide outlines vital steps to protect your health, rights, and future after such a traumatic incident.
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I Was Hit By a Car While Walking, Now What?
The moments following a pedestrian accident are crucial for your safety and future legal claims. Here are the essential steps you should take if possible:
- Call Emergency Services: Dial 911 immediately, even if injuries seem minor. Police documentation and prompt medical care are vital for your health and case.
- Remain at the Scene: Stay at the accident location unless medical transport is required. This ensures proper documentation and evidence collection.
- Document Driver Information: Collect the driver's full name, contact details, insurance information, driver's license number, and vehicle details including make, model, and license plate.
- Gather Evidence: Take photos of the accident scene, your injuries, vehicle damage, and surrounding area including traffic signals, crosswalks, or road conditions.
- Witness Information: Ask any witnesses to provide their names and contact information. Their accounts may prove valuable for your case.
- Medical Attention: Seek immediate medical care, even if you feel fine. Some serious injuries may not show symptoms immediately.
- Avoid Statements: Do not admit fault or make statements about the accident to anyone except law enforcement. Keep communication factual and brief.
- Document Physical State: Note your immediate physical condition, including pain levels, visible injuries, and any symptoms you experience.
- Preserve Evidence: Keep your damaged clothing and personal items in their post-accident condition. They may serve as important evidence.
Remember, your actions in the immediate aftermath of being hit by a car while walking can significantly impact your ability to receive fair compensation. If you're physically able, following these steps helps protect your legal rights and strengthens your potential case.
Common Injuries When Hit While Walking in Raleigh
When pedestrians are struck by vehicles in Raleigh, the injuries can be severe due to the lack of protection and the significant force of impact. Our law firm regularly helps clients dealing with the following types of injuries:
- Traumatic Brain Injuries: These range from mild concussions to severe brain damage causing cognitive impairment, memory loss, and personality changes. Even a seemingly minor head impact requires immediate medical evaluation.
- Spinal Cord Trauma: Injuries to the spine can result in partial or complete paralysis, chronic pain, and long-term disability. Recovery often requires extensive rehabilitation and ongoing medical care.
- Multiple Fractures: The force of being hit by a vehicle commonly causes breaks in legs, arms, hips, and ribs. Complex fractures may require surgical intervention and extended physical therapy.
- Internal Organ Damage: The impact can cause serious injury to vital organs, leading to internal bleeding and organ failure. These injuries often require emergency surgery and intensive care.
- Soft Tissue Injuries: Damage to muscles, ligaments, and tendons can cause chronic pain and reduced mobility. While less visible than other injuries, they can significantly impact daily activities.
- Road Rash and Lacerations: When thrown onto pavement, victims often suffer severe skin abrasions and deep cuts. These injuries can lead to scarring and risk of infection.
- Facial Injuries: Impact with vehicles or pavement can cause dental damage, broken facial bones, and severe lacerations. These injuries often require reconstructive surgery.
- Psychological Trauma: Beyond physical injuries, many victims experience PTSD, anxiety, and depression. Mental health support is often crucial for full recovery.
- Lower Extremity Injuries: Knees, ankles, and feet often bear the initial impact, resulting in complex joint injuries and chronic mobility issues.
- Nerve Damage: The force of impact can damage nerve pathways, leading to chronic pain, numbness, or loss of function in affected areas.
Understanding these potential injuries highlights why immediate medical attention is crucial after being hit by a vehicle. The Law Offices of John M. McCabe works to ensure clients receive compensation that covers both immediate and long-term medical needs for these serious injuries.
What Are My Legal Rights If I Was Hit by a Car While Walking in Raleigh?
As a pedestrian accident victim in Raleigh, you have specific legal rights protected under North Carolina law. Understanding these rights is crucial for protecting your interests and securing fair compensation. Here are your key legal rights:
- Right to Emergency Care: You have the right to receive immediate medical treatment regardless of your insurance status or ability to pay. Emergency rooms must provide necessary treatment to stabilize your condition.
- Right to File Insurance Claims: You can file claims against the driver's auto insurance policy for your injuries and losses. This includes coverage for medical bills, lost wages, and other accident-related expenses.
- Right to Legal Representation: You have the right to consult with and hire a pedestrian accident lawyer to represent your interests. Your attorney can handle all communications with insurance companies on your behalf.
- Right to Compensation: You may pursue compensation for medical expenses, lost income, pain and suffering, emotional distress, and future medical needs related to your injuries.
- Right to Investigation: You have the right to a thorough investigation of your accident, including access to police reports, surveillance footage, and witness statements.
- Right to Refuse Settlement: You can decline initial settlement offers from insurance companies if they don't fairly compensate your injuries and losses. You're not obligated to accept the first offer.
- Right to File a Lawsuit: If fair compensation isn't offered through insurance negotiations, you have the right to file a personal injury lawsuit within North Carolina's three-year statute of limitations.
- Right to Privacy: Your medical information and personal details related to the accident are protected under privacy laws. Only authorized parties can access this information.
- Right to Documentation: You have the right to obtain copies of all medical records, bills, police reports, and other documents related to your accident and injuries.
- Right to Protection: You're protected against harassment or intimidation from insurance companies, and you have the right to direct all communication through your legal representative.
At The Law Offices of John M. McCabe, we work diligently to protect these rights for our clients. Understanding and exercising your legal rights is essential for achieving the best possible outcome after being hit by a car while walking in Raleigh. Contact our office to learn how we can help safeguard your rights and pursue the compensation you deserve.
Who Pays My Medical Bills After Being Hit as a Pedestrian?
Understanding the financial responsibility for medical bills after a pedestrian accident can be complex. Various sources may be responsible for covering your healthcare costs, and knowing these options helps ensure you receive necessary treatment while protecting your financial interests. Here's a comprehensive breakdown of potential payment sources:
- At-Fault Driver's Insurance: The liability coverage from the driver's auto insurance should be the primary source for paying your medical bills. North Carolina requires drivers to carry minimum coverage of $30,000 for bodily injury per person.
- Your Health Insurance: Your personal health insurance can cover initial medical costs while pursuing a claim against the at-fault driver. Keep track of all payments and deductibles as these amounts can be recovered later.
- Personal Injury Protection (PIP): If you have auto insurance with PIP coverage, it may cover your medical bills even though you were walking rather than driving. PIP coverage follows the person, not the vehicle.
- Medical Payments Coverage: If you have "Med Pay" coverage on your auto insurance policy, it can help cover your immediate medical expenses regardless of fault, even when you're a pedestrian.
- Medicare or Medicaid: If you're enrolled in these government programs, they may cover your medical expenses but will require reimbursement from any settlement you receive.
- Hospital Charity Care: Many hospitals offer financial assistance or charity care programs for patients who cannot afford to pay their medical bills. These programs can help reduce or eliminate certain medical expenses.
- Medical Liens: Healthcare providers may agree to treat you under a medical lien, which means they'll wait for payment until your case settles. The lien will be paid from your settlement proceeds.
- Workers' Compensation: If you were hit by a vehicle while walking for work-related purposes, workers' compensation insurance may cover your medical expenses and lost wages.
- Uninsured/Underinsured Motorist Coverage: If the driver who hit you has insufficient insurance or no insurance, your own uninsured/underinsured motorist coverage can help pay medical bills.
- Settlement or Court Award: The final settlement or court award from your case should include reimbursement for all past medical bills and estimated future medical expenses related to your injuries.
At The Law Offices of John M. McCabe, we help clients navigate these various payment sources and negotiate with medical providers to ensure you receive necessary treatment while your case progresses. We work to maximize your compensation and coordinate with all involved parties to protect your interests. Contact us to learn how we can help manage the financial aspects of your recovery after being hit by a car while walking.
What Compensation Can I Pursue After Being Hit by a Car as a Pedestrian?
When you've been hit by a car while walking, you may be entitled to various forms of compensation to help make you whole again. The Law Offices of John M. McCabe helps victims pursue all available damages to ensure they receive fair compensation for both immediate and long-term impacts. Here are the types of compensation you may be eligible to pursue:
- Current Medical Expenses: All costs for emergency care, hospital stays, surgeries, medications, and ongoing treatments related to your injuries. These expenses often form the foundation of your compensation claim.
- Future Medical Costs: Anticipated expenses for future surgeries, rehabilitation, physical therapy, and any long-term medical care your injuries may require. We work with medical professionals to accurately project these costs.
- Lost Income and Wages: Compensation for all missed work time, including salary, wages, commissions, bonuses, and other employment benefits lost due to your injuries and recovery period.
- Future Earning Capacity: If your injuries affect your ability to work in the future or force a career change, you can pursue compensation for reduced earning potential over your lifetime.
- Pain and Suffering: Monetary compensation for physical pain, discomfort, and emotional distress experienced due to the accident and injuries. This includes both immediate and ongoing suffering.
- Mental Health Damages: Compensation for psychological impacts like anxiety, depression, PTSD, and other emotional trauma resulting from the accident and recovery process.
- Property Damage: Reimbursement for personal items damaged in the accident, including clothing, phones, watches, glasses, or other belongings you had when hit.
- Life Quality Impact: Compensation for how your injuries affect your ability to enjoy life, participate in hobbies, maintain relationships, or engage in activities you previously enjoyed.
- Home Modification Costs: Expenses for necessary changes to your home to accommodate injury-related disabilities, such as wheelchair ramps, bathroom modifications, or special equipment.
- Transportation Expenses: Costs for medical transportation, alternative transportation methods while unable to drive, and travel expenses related to medical treatment.
At The Law Offices of John M. McCabe, we carefully evaluate every aspect of your case to ensure we pursue maximum compensation for all applicable damages. Our thorough approach helps ensure that no element of your losses goes uncompensated, whether they're immediate expenses or long-term impacts. Contact us to discuss the specific types of compensation you may be eligible to pursue based on your unique situation.
How a Raleigh Pedestrian Accident Lawyer Can Help
After being hit by a car while walking, having skilled legal representation can make a significant difference in your recovery and compensation. At The Law Offices of John M. McCabe, we provide comprehensive support throughout your case. Here's how we assist our pedestrian accident clients:
- Immediate Case Evaluation: Our team conducts a thorough review of your accident circumstances, injuries, and potential compensation sources to develop an effective legal strategy tailored to your situation.
- Evidence Collection: We gather and preserve crucial evidence including accident reports, surveillance footage, witness statements, medical records, and expert testimony to build a strong case on your behalf.
- Insurance Negotiations: Our attorneys handle all communications with insurance companies, protecting you from potentially harmful statements while fighting for fair compensation that reflects your full range of damages.
- Medical Care Coordination: We help coordinate your medical treatment, work with healthcare providers on payment arrangements, and ensure you receive proper documentation of all injuries and treatments.
- Liability Investigation: Our team thoroughly investigates the accident to establish fault, identify all responsible parties, and uncover any contributing factors that could strengthen your case.
- Documentation Management: We organize and maintain all case-related paperwork, including medical bills, insurance correspondence, employment records, and other essential documents.
- Settlement Calculations: We carefully calculate the full value of your claim, including future expenses and long-term impacts, to ensure any settlement offers adequately compensate you.
- Legal Deadline Management: We ensure all legal documents are filed within North Carolina's statute of limitations and meet all court-required deadlines throughout your case.
- Strategic Case Planning: We develop and implement a comprehensive legal strategy designed to achieve maximum compensation while considering your specific needs and circumstances.
- Trial Preparation: If settlement negotiations don't yield fair compensation, we prepare your case for trial and provide strong courtroom representation to protect your interests.
The Law Offices of John M. McCabe understands the challenges you face after being hit by a car while walking. Our commitment to your case allows you to focus on recovery while we handle the legal complexities. Contact us today for a free consultation to learn how we can help you pursue the compensation you deserve.
Get Help After Being Hit By a Car While Walking
At The Law Offices of John M. McCabe, we understand the physical, emotional, and financial challenges you face after a pedestrian accident. Our dedicated team is ready to help you pursue the compensation you deserve. Contact us today for a free, no-obligation consultation to discuss your case and learn how we can protect your rights.
