Pedestrian Hit By Car While Walking Dog...

by William
(Dayton, OH)

I was walking my dog yesterday when I was hit by a car. When I had started my walk there was a light sprinkle. At the time of my accident it was raining a bit harder. I was waiting at the crosswalk for the walk sign. After it changed to walk, I took about 3 or 4 steps when I was struck by a car turning right.

I flipped up onto the hood and then out 10-15 ft. in front of the car. I heard my dog yelp, but had let go of the leash. I landed on the street. A nurse was in a nearby car and witnessed the accident. She ran over and instructed me not to move. I was taken to the hospital by ambulance. On the way to the hospital they cut off all my clothes.

I had/have a moderate amount of pain in my tailbone, most likely where I was hit or landed. My dog ran away but luckily she was smart enough to go to my dad's house which was nearby. He found her unhurt when he was leaving to come meet me at the hospital.

As I have never been hit by a car before, what do I do as far as recovering money for the hospital visit, future visits to a chiropractor, restitution for my clothing and a reasonable amount for missed work and pain and suffering?

If I am contacted by the driver's insurance company, what should I do or say? What should I agree to/not agree to? Do I need to get an attorney?

The guy who hit me was very compassionate. He was quick to call 911 and to make sure that I was ok and provide a blanket from his car. On one hand I feel bad for seeking money for my pain and suffering; on the other hand, I feel like I should be able to walk my dog while following all the laws and not be subject to being hit by cars. Thanks for any information you can give.

Visitor Question:
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ANSWER for "Pedestrian Hit By Car While Walking Dog...":

William (Dayton, OH):

Very nice people like you often feel guilty about pursuing those who unintentionally harmed them. You should know you are not suing the driver. That will most probably be unnecessary. You are simply doing what an injured person is supposed to do. You are about to become involved with the driver's insurance company. That's what car insurance is for.

When the insurance company adjuster contacts you she will probably want to take your recorded telephonic statement. That is perfectly normal. Just tell the adjuster the truth.

You are entitled to reimbursement for all of your medical bills. Even if your insurance company paid, or continues to pay your medical bills you have an absolute right to be independently reimbursed by the driver's insurance company.

The courts have traditionally held that those people who are responsible enough to pay for their own health insurance shouldn't be penalized for being mature and responsible enough to do so.

If the insurance company's adjuster asks you about whether your insurance company has paid any of the medical bills, you DO NOT have to tell her. Legally that information is none of the adjuster's business.

You are entitled to reimbursement for your past, present, and future medical bills. In addition you are entitled to any of your out of pocket expenses. This can include the cost of prescription and over the counter medications, as well as other medical needs.

You are also entitled to an amount of your lost wages.

Finally, you are entitled to an amount for your "pain and suffering". That is an intangible amount which is usually arrived at by multiplying your medical bills by 3, 4 or 5 times. So if your medical bills amount to $3,000 dollars, you would not be out of line by asking for an amount close to anywhere from a low of $9,000 dollars up to $15,000 dollars.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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Comments for Pedestrian Hit By Car While Walking Dog...

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What if I'm the one who hit a pedestrian?
by: Anonymous

This case seems like the situation I am currently dealing with, aside from the dog. I was at a light, edged up to make a right turn, looked right when I got there, then just looked left until it happened. I know it is my fault. I am not only worried and feel horrible for what I did, but now I am getting worried for this person.

It is self preservation, I am sorry for what I did and now I need to protect myself. This victim was already disabled by a leg injury and using a cane (in case it could not get worse) and on disability. Her foot was injured and there is a witness that agrees with the events.

The victim agreed with my account of the incident and the police have issued a careless driving ticket to me. My concern now, aside from the victim's health, is negligence on my part. The case may go outside of my insurance carrier since I do not have an umbrella policy.

I have a very good insurance carrier and I am still worried. I am worried for this lady and I am worried for myself. Thank you for any input you may have.

-Mary

Hit By Car While Walking Dog
by: Anonymous

Get yourself a lawyer and explain what happened to you. That's my best advice.

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