Traffic accidents happen across the country at an alarming rate. Fortunately, plaintiffs typically have the right to sue the responsible party after a crash. But what happens if someone runs you over? Do you have the right to sue then? Yes, accident victims who are run over in a traffic crash have the right to sue the driver.
Despite the challenges presented by your case, you still deserve financial compensation. An attorney can pursue what you deserve after a traffic accident. Contact an experienced personal injury lawyer today to start down the road to full and fair financial compensation after an accident.
Unique Challenges After Someone Runs You Over
There are certainly unique challenges presented when a driver runs over someone. These cases can quickly get complicated on the legal side of things. One major hurdle that accident victims face is determining liability.
Since many people can share responsibility for causing the accident, it is important to have an attorney work with you to determine the cause.
Similarly, working with multiple insurance companies can be overwhelming. An experienced lawyer will get the best results available to you after getting run over in traffic.
What Is the Basis of My Lawsuit?
When a traffic accident happens, and the victim is run over, the basis of a lawsuit following the accident is likely found in personal injury law. Personal injury cases hinge on negligence. The law protects people from the bad behaviors of drivers and other careless actors. A negligent driver fails to act reasonably while on the road.
The state law of negligence requires the accident victim to prove four essential elements: duty, breach, causation, and damages.
Duty of Care
Every driver owes other travelers a duty of care to drive safely on the road at all times. Drivers must follow traffic rules to safely avoid injury to others.
Breach of Duty
The breach of the duty of care happens when a driver's actions do not live up to the driver's legal duty. A breach is when the driver acted in a way that a reasonable person would not have. Careless and negligent actions can include aggressive driving, such as running red lights, speeding, and other inappropriate actions on the road.
Causation
The plaintiff must also prove that the defendant caused their damages. Damages can include medical expenses, property damage, and emotional harm, among other losses. The plaintiff must prove that there is a direct link between the defendant's actions and the harm they suffered.
Damages
Finally, the plaintiff must prove they suffered actual damages from the accident. The plaintiff may present proof of physical injuries, medical expenses, lost income, and pain and suffering, among other losses.
The plaintiff must establish all four elements of negligence. Having an attorney build your case can increase the success of your claim. Contact an experienced accident lawyer to discuss your matter and discover whether you have a viable claim.
How Can an Accident Attorney Help Me After a Crash?
Having a legal professional working on your behalf after an accident can make all the difference as you pursue compensation after someone runs over you.
Your lawyer will protect your legal rights and advise you of your interests after an accident. Here are some of the practical ways that accident attorneys help their clients:
Initial Legal Consultation
A personal injury lawyer has an important role in your case. From the beginning, an attorney can explain the strengths and weaknesses of your case. During the initial consultation, an attorney can provide you with a consultation to assess the viability of your case and explain your legal rights and options.
Case Evaluation
After you hire a personal injury attorney, their team will evaluate the specifics of your claim. They will review the evidence and build your case.
Gathering Evidence
Your case will be won or lost on the quality and amount of evidence that you can present. Some pieces of evidence can be more difficult than others to collect. For example, an attorney will more easily get access to traffic camera footage or an accident reconstructionist report.
Calculating Damages
Your lawyer will explain the full scope of your losses after a crash. Some accident victims might downplay their harm. This is a mistake. An attorney can ensure you get the medical attention you need and do not leave any money on the table during settlement negotiations.
Settlement Negotiations
The negotiation phase with the at-fault driver's insurance company for your accident claim requires a lawyer. Lawyers negotiate with insurance companies on behalf of their clients to secure fair settlements. An experienced attorney can avoid the underhanded tactics that insurance companies use to avoid making settlement payments to injured victims.
Filing a Lawsuit
Sometimes, settlement negotiations fail. When that happens, your attorney might file a lawsuit for you to help resolve your claim. Filing a lawsuit and going to court can feel overwhelming. However, an experienced personal injury attorney can pursue the compensation you deserve after an accident.
Provide Legal Guidance
Lawyers provide their clients with guidance and support throughout the legal process, which can be overwhelming. Attorneys help their clients feel more secure in their pursuit of justice. Your injury lawyer will answer your questions and provide personal service to you while your case is pending.
Overall, personal injury lawyers work as advocates for their clients. These attorneys work to handle the legal system and ensure that their clients receive the compensation they deserve.
Multiple Responsible Parties
There can be many liable parties that caused the accident and, therefore, share some responsibility for causing your injuries, damages, and other losses. An attorney can bring each responsible party to justice and hold them accountable for your damages.
Finding who you can hold responsible for causing the accident heavily depends on the facts of your case. Examples of potentially responsible defendants can include:
The Driver
Of course, the vehicle's driver likely bears some responsibility for causing the accident. If the driver's negligence caused the accident, then you can hold them responsible for the accident.
The Driver's Employer
A driver who was on duty at the time of the accident might share responsibility for causing the accident with their employer. You can hold the employer vicariously liable for the driver's actions.
The Vehicle Owner
Accidents sometimes happen and the driver does not own the vehicle. You can hold the vehicle owner liable for the accident. The driver and the owner might share liability if the owner allowed an unfit driver to operate their vehicle.
Vehicle Part Manufacturers
Manufacturers who fail to put safe vehicles or vehicle parts onto the road may share legal liability if a part malfunction caused the accident.
Cyclists
Cyclists are as likely to cause an accident as any other traveler. Traffic accidents involving bicyclists are, unfortunately, common nationwide. According to the statistics published by the Centers for Disease Control and Prevention, thousands of bicyclists die in traffic accidents every year.
Traffic Control Device Manufacturers
Malfunctioning traffic control devices can cause an accident. If a malfunctioning traffic signal caused the accident, you can name the company responsible for its design or maintenance in your lawsuit.
Government Entities
You can hold the government responsible for causing an accident. Poorly maintained roads and other infrastructural issues might make a federal, state, or local governmental entity responsible for the accident. Speak to an attorney if you believe you might have a legal cause of action against the government.
Identifying each potentially responsible defendant is essential as you attempt to maximize your compensation after an accident. An attorney will use their resources to thoroughly investigate the cause of the accident to determine who should be held accountable.
What Compensation Can I Recover After a Traffic Accident?
The type and amount of compensation available to you after someone runs you over depends on the facts of your accident. An attorney can explain the full extent of your losses and maximize your recovery.
Typically, an accident plaintiff can collect compensation for the damages they can prove. Common examples of compensable losses after an accident include the following:
Medical Expenses
Accident victims might recover for their current and future medical expenses after an accident. Depending on the severity of your harm, you might have extensive medical bills. Accident victims often sue for the cost of their immediate care, rehabilitative care, and ongoing treatment costs.
Lost Income
Your injuries might cause you to miss a lot of work. An accident victim who has suffered a severe injury and they cannot immediately return to work can see their bills pile up rather quickly. You might recover your current and future lost income.
Similarly, an accident victim can recover compensation for their lost earning capacity. Lost earning capacity refers to the victim's ability to return to work, and possibly in the same position they did before the accident.
Property Damage
After an accident, you might have property damage. For example, if a driver runs you over, you might have damage to your property, like torn clothing and electronics. Property loss is considered in the victim's overall compensable damages award.
Pain and Suffering
The physical pain and emotional distress that come from the effects of an accident are included in a victim's compensable damages award. Pain and suffering damages can vary greatly depending on the severity of your injuries and their impact on your daily life.
Disability and Impairment
An accident victim can recover compensation for the long-term consequences of their injuries. They might recover compensation for the impact of their injuries on the quality of their lives.
Loss of Enjoyment of Life
Compensation for the reduction in an accident victim's ability to enjoy their daily life due to their injuries.
Emotional Distress
Emotional distress damages differ from those for pain and suffering. You may recover compensation if you experience significant emotional or psychological issues due to the accident.
Speak with an experienced attorney after an accident. Your lawyer will explain your rights in simple terms, navigate the legal process, and maximize your access to compensation after the accident.
How Long Do I Have to Sue After Someone Runs Me Over?
Time is of the essence after someone runs you over in a traffic accident. Plaintiffs do not have an unlimited amount of time to sue a driver. The law limits the time plaintiffs have to bring a lawsuit by implementing a statute of limitations.
The statute of limitations limits the amount of time to sue. Missing the deadline to sue can bar you from recovery. Speak to an attorney to ensure you do not miss this important deadline.
Contact a Traffic Accident Lawyer Today!
Speak to an attorney immediately if a traffic accident injures you. Your attorney will outline your options after an accident and fight to protect your legal right to compensation. You deserve to financially recover after someone runs you over.
Don’t let the legal process overwhelm you, especially when someone runs you over. You don’t have to navigate your traffic accident alone. Contact an experienced personal injury lawyer today to get started.
James Wayne Holliday
James Wayne Holliday has been practicing law since 1995. He has been named as a “Best Attorney” Lifetime Charter Member in Florida, an honor awarded to less than one percent of the nation’s lawyers.
Mr. Holliday has earned a reputation as a relentless trial lawyer because of his outstanding work ethic and thorough preparation of his cases for trial.
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