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Pedestrian Accident

Pedestrian Emergency Care After an Accident

April 2, 2018 by Brad Johnson

Being involved in an accident is terrifying and can lead to serious injury, and as a pedestrian, it can be especially painful, if not life-threatening. Being completely exposed upon impact can lead to severe injuries, and if the person is lucky not to be severely injured, there will more than likely be some sort of injury that needs care. As the adrenaline from the accident rushes over you, keeping a calm head and ensuring proper care and treatment can mean the difference between life and death, as well as keeping you from getting in legal trouble.

Here’s what to do after the accident

  1. Breathe. All too often, we hear stories of people who panic and do something rash in the heat of the moment. Taking a moment and trying to calm yourself down will make sure that everyone around you does not get harmed further.
  2. Assess the situation. Identify if you are hurt, and if so, where? Adrenaline and shock can make it seem like you are fine when in reality, you are far from it. Taking a moment to collect yourself and see what is damaged can prevent a bad situation from turning worse. Also, take a moment to see if the accident was minor. If so, it is best to move off to the side to reduce danger and confusion. But do not move the vehicle or the pedestrian involved if the accident was more serious.
  3. Call 911. This may be cliché, but this is most likely the most important step. Law enforcement will assist in the legal ramifications of the incident, and if there are injuries having medical attention is crucial. It is important to do this quickly, as the sooner you make the call, the sooner the injured parties can get help.
  4. Call your insurance company. Getting your insurance company on the phone, whether you are at fault or a victim, will help get you through this process smoothly.

If you were involved in an accident but don’t think you were hurt, it is still important to get medical attention. There are instances when something is severely damaged that you do not feel right away, and finding out what is wrong will be vital to your insurance claim as well as your long-term health. If you can, see a doctor or visit an urgent care center to see if you are ok. This process is also important for insurance companies; if they see that too much time has passed since the accident and the onset of the injury, they may be skeptical and not be willing to pay. Not all pain is so bad that you cannot move.

Our body exhibits pain symptoms in various ways; below are some things to look for if you think you may be hurt.

  1. General pain. This could be a sharp or dull pain and is the most common. Most people have felt this before, and you will clearly know that something is wrong.
  2. Numbness. You may think you are fine, but when you take a moment to breathe, you may realize that something feels numb. This is a telltale sign that there is something wrong internally, and you should seek medical attention.
  3. Dizziness. When you are dizzy after an accident, it is typically associated with head trauma. It is essential that you seek medical care as soon as possible for head injuries, as more often than not, they are far more severe than you may realize.

It is also important to remember that if you see someone who has been injured in an accident, you should help them only under certain circumstances. Ideally, someone trained in first aid or CPR should assist in stabilizing the individual. Failure to receive permission from the person before helping them or being properly trained could result in massive legal action against you. This is not to say not to help an injured person, rather confirm with them that they are comfortable receiving help. Do not try any intensive medical procedures, leave that to the professionals, but assisting them in movement or helping to stop bleeding are some examples that most people are capable of.

If you or someone you know has been the victim of a pedestrian accident, they may be able to receive a pedestrian injury settlement. This is part of the reason it is important to make sure that everything is done in the proper manner. Please, do not hesitate to contact Brad Johnson Injury Law if you need legal help for your case. Remember, your well-being is the number one priority in an accident, and material things can be replaced, but a life cannot.

Filed Under: Auto Accidents, Personal Injury Tagged With: Pedestrian Accident, Pedestrian Emergency Care

Submitting to Arbitration for Pedestrian Accidents

March 27, 2018 by Brad Johnson

Being injured in an accident is a terrible experience, and it’s even worse if the insurance company offers a settlement that is less than what you need. As a victim, what can you do? One answer is to go straight to court, but that can be time-consuming and expensive; a great alternative is to first attempt to settle out of court, through arbitration.

What is Arbitration?

Arbitration is a process of dispute resolution and a common alternative to a civil lawsuit. This is a less formal process compared to a trial, and you will present your case to a neutral third party as well as the insurance company. The third party will decide on the case after hearing both sides of the argument and will then render a binding or non-binding decision. Arbitrators will act as the judge and jury of the case and will typically be judges or highly-skilled attorneys. If you have agreed to arbitration with a binding decision, you have waived your right to pursue the manner any further, and the arbitrator’s decision is final. Non-binding will allow you or the other party to appeal the decision and take it to court if neither party is satisfied with the decision. Insurance companies will almost always require that you go to binding arbitration, so it is important to read the fine print to know what you are getting yourself into.

When settlement negotiations have fallen through, that is when you should inform the insurance adjuster that you would like to move to arbitration. Most car insurance companies will allow for a case to be taken to arbitration, and greatly prefer this method to going to court. If they refuse to go to arbitration, the threat of a civil lawsuit will typically get them to go to the negotiating table. This is where it is crucial that you have a solid case and points that you can bring up, in order for them to feel arbitration is their best option.

Once both parties have agreed to go to arbitration, you can expect a process that will last approximately 3 months, depending on the situation, and will consist of the following:

  • Filing and instigation
  • Selection of an arbitrator
  • Exchange of information and case preparation
  • Hearing
  • Award

Going to Arbitration

Not all cases are created equal, and this is where having an attorney well versed in personal injury comes in handy. First, it is best that an experienced attorney reviews your case to make sure that you are eligible for the amount of damages you feel are deserved. Laws can be complicated, and even more complicated than that is dealing with the insurance companies. Most of the time, insurance companies will have a large team of attorneys at their disposal, and they are not willing to give into your requests without a fight. Both sides will be required to present written arguments prior to the arbitration and being able to both create and respond to an argument is something best suited for a professional. Remember, you only have one chance to get the money you deserve.

As a pedestrian involved in an automobile incident, most likely you will be able to receive significant compensation. At Brad Johnson Injury Law, we will evaluate your case and see if you are able to get more by going into arbitration. We have an experienced legal team that will help you get the most that you are deserved. Arbitration is significantly less expensive to you than going to court, and most times you will receive more that what the insurance companies initially offer.

Filed Under: Uncategorized Tagged With: Arbitration, Pedestrian Accident

The Importance of Pedestrian Caution In Traffic

June 15, 2010 by Brad Johnson

Everyday you hear about accidents involving pedestrians. The reason is because people are often careless about where they’re walking. They’re not mindful of their surroundings, they think that cars are always going to stop to give them the right of way, and some people just plain think they’re invincible. But people aren’t invincible and that’s why all pedestrians need to be cautious in traffic. That means looking both ways before you cross the street, never assuming someone is going to give you the right of way, and always taking the proper precautions so that every driver on the road sees you and knows you’re there. As long as you do these things, you will be able to go about your business without being involved in a traffic accident that you may not survive.

Cars are very useful for getting us where we need to go, but they’re also two thousand plus pound machines. A person wouldn’t stand a chance if they were hit by one of these cars. Every person should know and realize this. Yet it never fails; there’s always that person who rushes across the street without a care as cars honk and swerve to avoid hitting him. Most of the time these people are just in a hurry and they never consider that they could be hit by a car. Everyone thinks that a traffic accident is going to happen to someone else. But if you don’t watch where you’re going, you are going to be the subject of the next early morning news story involving a pedestrian and a fast moving car.

Watch Your Surroundings
No matter where you’re walking to, and even if you’re just walking along the sidewalk, always be aware of your surroundings. Be mindful of where traffic is, which direction it’s traveling and make sure you position yourself so that you’re seen by these drivers. If you’re going to cross the street, look both ways before you cross at an intersection.  Never “jaywalk”! Never take chances! It’s better to be late going somewhere than to not arrive at all. As long as you keep a keen eye for any traffic and you’re watchful of where you step, you’ll have a much better chance of reaching your destination.

Right of Way
While it’s true that pedestrians have the right of way when crossing a roadway in a marked crosswalk, when it comes to traffic, you should never rely on this fact. Never assume that a car is going to stop to let you pass in front of them. Remain cautious at all times when dealing with a vehicle when you’re on foot. It’s better to let the car go by, even if you have to wait a few seconds longer.

Remain Visible
If you’re a pedestrian dealing with traffic at night, make sure you wear reflective or bright clothing so that drivers always know you’re there. If it’s daytime, make sure you walk towards traffic so that you see them and they see you. Never wear black at night while dealing with traffic, and never cross a street unless the drivers know you’re there. As long as they know you’re there, you have a better chance of reaching the other side of the street in one piece, which is the goal of every pedestrian exercising caution in traffic.

Use the crosswalk!
The Brad Johnson Injury Law law firm offers free consultations, so don’t accidentally waive your rights or the compensation that is due you if you are involved in an accident with a moving vehicle while walking.

Filed Under: Uncategorized Tagged With: Hit and Run, Pedestrian Accident, Pedestrian Injury, Right of Way

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