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Man lays in the street in front of a car

WHAT TO DO IF YOU WERE STRUCK BY A CAR AS A PEDESTRIAN

James A. Maniatis Nov. 25, 2021

A pedestrian is no match for a car of any size. Pedestrians count on vehicle operators to obey the rules of the road and be careful when they are sharing Massachusetts roadways. When drivers fail to do so, the results can be devastating.

If you were a pedestrian hit by a car, or if someone you love was struck and is now incapacitated or died from their injuries, I can help you just as I have helped countless injured pedestrians and their families in Shrewsbury, Webster, and Southborough, Massachusetts, for the past three decades. Call the Law Office of James A. Maniatis today for help with your personal injury claim.

Here are the things you need to do to pursue a personal injury or wrongful death claim.

SEEK MEDICAL ATTENTION RIGHT AWAY

Have first responders and emergency personnel examine and treat you at the scene, even if you believe you are just shaken up by the incident. Many injuries are camouflaged by adrenaline and confusion. Emergency responders will know how to immobilize you and transport you safely. Emergency room physicians will know what injuries to look for, examine you thoroughly, order all necessary radiology and other diagnostic testing, and treat your injuries. Failure to have injuries diagnosed and initiate treatment right away could prevent you from full recovery.

Although your health is the most important matter, there are other reasons to seek medical treatment immediately. You will need a diagnosis and medical bills to file a bodily injury liability claim against the driver’s insurance coverage. A delay in treatment also gives the insurance company the opportunity to allege that your injuries were too minor to seek treatment or that you injured yourself in an incident other than the pedestrian accident.

CALL 911

By calling 911, the correct law enforcement and emergency responders will be dispatched to the scene. Massachusetts law requires that any accident resulting in injury, death, or $1,000 or more in property damage must be reported. 

Law enforcement should file a crash report which you can use later to establish fault. Otherwise, the vehicle operator or owner is required to file a report with the police department with jurisdiction within five days of the crash. It behooves you to have a report authored by a law enforcement officer.

GATHER EVIDENCE AND DOCUMENT INFORMATION

If you are physically able to do so at the scene of the pedestrian accident, obtain the full name, contact information, and insurance information from the driver. Obtain names and contact information for anyone who witnessed the event. When you are able, take the time to write down your recollection of what occurred while details are fresh in your mind.

You will need to obtain other documents to pursue a personal injury or wrongful death claim, including a copy of the crash report, copies of medical records and bills, or bills associated with a loved one’s funeral. You will also need to document evidence of income lost due to injury or death.

CONSULT WITH AN EXPERIENCED PERSONAL INJURY ATTORNEY

At the Law Office of James A. Maniatis, I charge nothing to meet with you about your potential personal injury or wrongful death claim. Furthermore, I handle the investigation of the incident, witness interviews, and the gathering of documents and evidence. I will provide you with the information you need to make decisions throughout the course of your claim.

I can facilitate the filing of a wrongful death claim to recover expenses to the estate and compensation for the damages suffered by those left behind. In Massachusetts, the claim must be filed by the executor of the estate. That person would be named in the will or estate plan of the decedent. If they did not have one, the court will appoint an executor. As your attorney, I can guide you through that process.

I negotiate with the insurance company on your behalf and substantiate the value of non-economic damages you have suffered, such as pain and suffering or loss of companionship. If the insurance company fails to offer just compensation in full settlement of your claim, I will prepare your case for court and present it to a judge and jury.

You can concentrate on recovering from your injuries or on grieving the loss of your loved one.

PEDESTRIAN ACCIDENT ATTORNEY IN SHREWSBURY, MASSACHUSETTS

If you have been injured in a pedestrian accident or a loved one was incapacitated or killed, call the Law Office of James A. Maniatis to schedule a free case consultation. The sooner I can begin working for you, the sooner you can focus on your health, loss, and well-being. I serve clients in Shrewsbury, Webster, Southborough, and throughout the state of Massachusetts.

Only you can make the call. Contact the Law Office of James A. Maniatis now.