What Can I Do if I Was Hit By a Car as a Pedestrian?
Walking around Omaha could come with significant risks. A negligent or distracted driver could hit you while you are crossing the street or even on the sidewalk. If a vehicle strikes you, you could suffer life-changing personal injuries. You may have grounds for a civil liability lawsuit against the at-fault driver with the help of an Omaha pedestrian accidents attorney.
Pedestrian Rights in Nebraska
In 2018, 24 pedestrians died in Nebraska – the highest death toll in 10 years. An additional 357 pedestrians suffered injuries in traffic accidents. Pedestrians do not always have the right-of-way in Nebraska. Every roadway user – including bicyclists and pedestrians – must exercise reasonable care when crossing the street and interacting with others on the road. Yet in many cases, especially at crosswalks, it is the driver that infringes upon the pedestrian’s rights. Impatient, aggressive, reckless and negligent drivers may ignore pedestrian rights and cause serious accidents.
- Pedestrians have the right-of-way at crosswalks
- Turning vehicles must yield to pedestrians
- Pedestrians and drivers must obey traffic signals
- Pedestrians should not cross midblock unless it is safe to do so
- Drivers should yield to jaywalkers
- A driver cannot drive around a car that has parked to allow pedestrians to pass
- Drivers should never speed in school zones or residential areas
The main duty of care a pedestrian has to prevent accidents is not to step off a curb when it is unsafe to do so. Walking in front of an oncoming vehicle that does not have enough distance to reasonably come to a stop could point to the pedestrian’s fault for a collision. Distracted walking has contributed to the number of pedestrian accidents and deaths in Nebraska over the years. As a pedestrian, do your part to protect yourself by paying attention to where you walk.
Common Pedestrian Accident Injuries
A vehicle-pedestrian collision can cause catastrophic injuries. If a vehicle strikes you, you could end up with expensive and painful damages. With no protection from the forces exerted in a crash, you may suffer life-altering injuries. The nature of a pedestrian collision tends to cause some injuries more often than others.
- Head, neck and chest injuries
- Brain injuries
- Facial injuries
- Lower extremity injuries
- Broken bones
- Internal organ trauma
The type of injury will depend on how the vehicle struck you. If you rolled over the hood and collided with the windshield, for example, you may have suffered a head injury or lacerations. If the car collided with your legs, on the other hand, you may have fractured your tibia. Any type of injury may be severe due to the force of the impact from the vehicle.
What To Do Next
If a vehicle struck you while walking on the street or in a parking lot in Omaha, you have rights. First, take care of your physical health by calling an ambulance or getting a ride to the hospital. Remain at the scene and call 911 if you have injuries. The police can order emergency medical services, if necessary. Give the police officer your contact information. Then, get medical care to treat your injuries. Keep copies of your medical documents for later.
The party at fault for your pedestrian accident will be the one liable for your damages, according to Nebraska’s fault laws. If the driver caused the collision, he or she may owe you financial compensation. File an insurance claim with the at-fault party’s insurance provider. Describe your injuries and offer proof, such as a police report or medical records. Do not admit fault or accept a small settlement.
Hire a pedestrian accident lawyer to help you navigate the claims process. A lawyer can help you gather evidence against the driver, such as proof that he or she was texting and driving. Establishing negligence or fault could enable you to collect fair compensation for your pedestrian accident damages. The driver could owe you money for your hospital bills, pain and suffering, and lost wages.