Pedestrian accidents can be life-changing events, leaving victims unsure of what steps to take next. If you or someone you love has been injured in a pedestrian accident in Kansas, knowing what to do in the aftermath is critical to ensure your safety, protect your legal rights, and seek fair compensation. Pedestrian accidents can cause serious injuries, and the process of getting back on your feet may be overwhelming, but following the right steps can make a big difference in the outcome of your case.
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In this page, we will cover the important steps to take after a pedestrian accident, answer some frequently asked questions, and explain how seeking legal guidance can help you navigate the complicated legal process. Knowing what to do can help ease some of the stress and confusion that often comes with these kinds of accidents. At, Melinda Young, we are here to guide you through the legal process and help you navigate the complexities of your case.
What Should I Do Immediately After a Pedestrian Accident?
The moments after a pedestrian accident can be chaotic and scary, but the first thing you should do is make sure you are safe. If you are able to move, try to get out of the road or to a safe area to avoid further injury. If you are seriously injured, try to stay still and wait for medical help to arrive.
Next, it is crucial to call 911 so that emergency medical services and the police can come to the scene. Even if you don’t think your injuries are severe, it is important to get checked out by a medical professional. Some injuries may not show up right away, and adrenaline can sometimes mask the pain. Having a medical record of your injuries will also be helpful if you decide to pursue legal action later.
Once you have called for help, if you are able, try to gather information about the accident. This includes getting the names and contact information of any drivers involved as well as their insurance details. If there were witnesses, try to get their contact information too. Take photos of the scene, including any damage to vehicles and your injuries. This information could be helpful later if there is a dispute about what happened.
Finally, report the accident to your insurance company, even if you were not in a car when the accident happened. Your car insurance may still play a role in covering your medical costs and other damages.
How Soon Should I See a Doctor After a Pedestrian Accident?
It is important to see a doctor as soon as possible after a pedestrian accident, even if you don’t feel hurt right away. Some injuries, like internal bleeding, concussions, or muscle damage, may not show immediate symptoms. A doctor can thoroughly examine you to make sure you don’t have any hidden injuries.
Seeing a doctor soon after the accident also creates a record of your injuries, which can be useful if you decide to seek compensation for medical bills or other damages. If you wait too long to see a doctor, the insurance company or the person responsible for the accident may argue that your injuries weren’t caused by the accident. Getting checked out quickly helps protect your health and your legal rights.
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Who Pays for Medical Bills After a Pedestrian Accident in Kansas?
In Kansas, if you are hit by a car while walking, there are several ways your medical bills can be covered. First, Kansas is a no-fault state for car insurance. This means that if you have car insurance, your own personal injury protection (PIP) coverage will pay for your medical expenses, even though you were not driving when the accident happened.
If you do not have car insurance, or if your medical bills exceed the limits of your PIP coverage, the driver’s insurance may be responsible for covering your medical expenses. This is why it is important to get the driver’s insurance information after the accident. However, insurance companies may try to argue about who was at fault for the accident, which is why it’s helpful to have a legal guide on your side to help you navigate these issues.
What Happens If the Driver Claims I Was at Fault for the Accident?
In some pedestrian accidents, the driver may argue that the pedestrian was at fault. For example, the driver may claim that you were jaywalking or crossing the street at an unsafe time. In Kansas, pedestrian fault in an accident does not automatically prevent you from getting compensation. Kansas follows a system called “comparative fault,” which means that even if you were partly responsible for the accident, you may still be able to recover some compensation.
Under comparative fault, the amount of compensation you receive is reduced by the percentage of fault you are assigned. For example, if it is determined that you were 20% at fault for the accident and the total damages were $100,000, you would be eligible to receive $80,000. However, if it is determined that you were more than 50% at fault, you will not be able to recover any compensation.
This is one of the many reasons why it’s important to gather evidence at the scene and consult with a legal professional. They can help build a case to show that you were not at fault, or at least minimize the amount of fault assigned to you.
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Can I Receive Compensation for Pain and Suffering?
Yes, in addition to medical bills, you may be entitled to compensation for pain and suffering after a pedestrian accident in Kansas. Pain and suffering refers to the physical pain, emotional distress, and other non-financial hardships that you may experience because of the accident. This can include things like chronic pain, anxiety, depression, or a reduced quality of life.
Calculating pain and suffering can be more complicated than calculating medical expenses, because it’s not a clear-cut number like a hospital bill. Insurance companies may use different methods to determine how much pain and suffering compensation you should receive, and they may try to offer less than what you deserve. An experienced legal guide can help ensure that you receive fair compensation for all of your damages.
How Long Do I Have to File a Claim After a Pedestrian Accident in Kansas?
In Kansas, the statute of limitations for filing a personal injury claim after a pedestrian accident is generally two years from the date of the accident. This means that you have two years to file a lawsuit seeking compensation for your injuries. If you miss this deadline, you may lose your right to seek compensation.
However, it’s important not to wait too long to take action. The sooner you file a claim, the easier it will be to gather evidence and build a strong case. If you wait too long, witnesses may forget important details, and evidence like photos or medical records may be harder to obtain. Consulting with a legal professional soon after the accident can help ensure that you meet all deadlines and protect your rights.
Why Should I Consult a Legal Guide After a Pedestrian Accident?
Navigating the legal system after a pedestrian accident can be confusing and stressful, especially when you are trying to recover from your injuries at the same time. A legal guide can help you understand your rights, deal with insurance companies, and make sure that you are getting the compensation you deserve.
Insurance companies are often focused on minimizing payouts, and they may offer you a settlement that is less than what you need to cover your medical bills, lost wages, and other damages. A legal guide can negotiate with the insurance company on your behalf to make sure that you are not taken advantage of. They can also help gather evidence, speak with witnesses, and handle the paperwork and deadlines involved in your case.
Having a legal guide by your side can give you peace of mind, knowing that someone is working to protect your best interests while you focus on healing.
If you have been injured in a pedestrian accident in Kansas, you don’t have to navigate the aftermath alone. Melinda Young Law Firm is here to help. Our team is dedicated to ensuring that you get the support and compensation you deserve. Whether you need help dealing with insurance companies, understanding your legal rights, or filing a claim, we are here to guide you every step of the way. Contact us today to schedule a consultation and learn how we can help you move forward after your accident.