Being involved in a car accident as a pedestrian can be a traumatic experience, not only physically but also emotionally and financially. Pedestrians have very little protection compared to drivers, making them vulnerable to serious injuries when struck by a vehicle. If you’ve been injured in such an accident in Oklahoma, it’s essential to understand how to protect your rights and ensure you receive the compensation you deserve. Here’s a guide on what you should do if you’re involved in a pedestrian accident.
Seek Medical Attention Immediately
Your health and safety should be your first concern. Even if you feel like your injuries are minor, it’s crucial to seek medical attention right away. Some injuries, such as concussions or internal bleeding, may not be immediately apparent. A thorough examination will help detect any hidden injuries. Additionally, having a medical record that links your injuries to the accident strengthens your case if you decide to pursue compensation.
Make sure to follow through with any treatments or appointments your healthcare provider recommends. This will not only improve your chances of recovery but will also create a record of your injuries for legal purposes.
Call the Authorities and Report the Accident
After ensuring your safety and seeking medical attention, contact the police to report the accident. An official police report is often essential in establishing the facts of the case. Officers will document important details, such as the location of the accident, witness statements, and the condition of the driver involved. Having this documented evidence can be crucial for insurance claims and legal proceedings.
It’s also important that you gather as much information as possible at the scene. This includes the driver’s contact and insurance information, along with any potential witnesses. If you’re unable to gather this information because of your injuries, a police report can often serve as a good substitute.
Document the Scene and Gather Evidence
If you’re physically able to do so, take pictures of the accident scene. This includes the location where the accident occurred, any damage to vehicles, and any visible injuries. Photographs can help establish the severity of the accident and provide important evidence for your case.
In addition, try to collect information from any witnesses who saw the accident happen. Their testimony can provide valuable insight into the events leading up to the incident and can be crucial in proving fault. If possible, get their names and contact details so your attorney can reach out to them later.
Notify Your Insurance Company
In Oklahoma, you may be able to recover compensation for your injuries through your own insurance policy, especially if the driver at fault is uninsured or underinsured. Contact your insurance provider as soon as possible after the accident to report the incident and start the claims process.
However, it’s important to be careful with what you say to your insurance company. Avoid admitting fault or making any statements that could be used against you later. Stick to the facts, and let your attorney handle the more complex discussions with insurance representatives.
Understand Oklahoma’s Comparative Fault Law
Oklahoma follows a comparative fault system when it comes to personal injury claims. This means that the degree of fault for the accident will be divided between all parties involved. If you are partially at fault for the accident, your compensation may be reduced by the percentage of fault assigned to you.
For instance, if the court determines that you were 20% at fault for the accident, your compensation could be reduced by 20%. However, as long as you are not more than 50% at fault, you can still recover damages. It’s important to work with an experienced attorney who can argue on your behalf and minimize any liability you may have.
Work with an Experienced Personal Injury Lawyer
Dealing with insurance companies, negotiating settlements, and understanding complex laws can be overwhelming, especially when you’re recovering from an injury. That’s why it’s crucial to work with an experienced personal injury lawyer in Oklahoma who specializes in pedestrian accidents.
An attorney can help you navigate the legal process, gather evidence, and communicate with insurance companies. They will also handle negotiations on your behalf to ensure you receive the compensation you’re entitled to. In many cases, personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win your case. This allows you to pursue your claim without worrying about upfront costs.
Know the Time Limits for Filing a Claim
In Oklahoma, the statute of limitations for filing a personal injury lawsuit is typically two years from the date of the accident. This means you have two years to take legal action before your right to file a claim expires. It’s important to act quickly and not delay seeking legal help, as evidence can be lost over time, and witnesses may become harder to contact.
By consulting with an attorney early on, you ensure that your case moves forward in a timely manner, increasing your chances of a successful outcome.
Be Prepared for Possible Settlements or Litigation
In many pedestrian accident cases, the responsible party’s insurance company will offer a settlement to avoid going to trial. While a settlement can provide quicker compensation, it may not always be the best option, depending on the extent of your injuries and damages. Your lawyer will evaluate any settlement offers and advise you on whether accepting them is in your best interest.
If a fair settlement is not possible, your case may need to go to trial. While this can be a longer process, having an experienced lawyer by your side will help you navigate the complexities of the legal system and fight for the compensation you deserve.
Conclusion
Pedestrian accidents can lead to serious injuries, and knowing how to protect your rights afterward is essential. From seeking medical attention and reporting the incident to understanding Oklahoma’s laws, every step you take will influence the outcome of your claim. Working with an experienced attorney who specializes in personal injury cases can make the legal process smoother and increase your chances of a fair and just settlement. By taking the right steps after an accident, you can better protect yourself and ensure that your rights are upheld.
