If a pedestrian has been hit by a car, that same man or woman may be able to sue either the driver or the municipality in which the accident happened.
How to proceed, if you plan to sue the driver
Get pictures of the scene of the accident. Get pictures of the driver’s car. If the driver has left the scene, obtain as much information as possible from witnesses. Go to the emergency room. Have a doctor examine any body part that has been damaged. Obtain and save the report you should be getting when leave the emergency room.
If the driver left the scene, you may have to track down the information on that driver’s insurance. Do not hesitate to do some detective work. Your case will not become weaker if you take the time to locate the spot where the driver parks his or her car at night, or the driver’s place of employment. If the accident took place in a state with a no-fault law, then you can seek compensation from the driver’s insurance company. If your state does not have such a law, then you must seek compensation from your own health insurance.
The strength of your case, if you plan to sue the driver
If you make a claim against the driver, you stand a decent chance for winning, because the driver is supposed to watch for hazards on the road. Still, that argument underscores the fact that your presence on the road does introduce a hazard. Hence, your chances for winning will increase if you have limited the degree to which your presence might be labeled hazardous.
For example, your case will be stronger if you were crossing in a crosswalk. By the same token, your case will be stronger if you were alert to what was happening around you. If you had been crossing the street while texting, you will have a weaker case.
The strength of your case, if you plan to sue a municipality
A pedestrian has no reason to assume that a traffic light is not working properly. Your case will be stronger, if you can prove that you did not realize that the traffic light at a given intersection was broken. Be sure that you do not make that claim if the defendant’s lawyer can prove that you had repeatedly crossed at that same intersection.
Your case will be stronger if you had failed to notice the poor placement or failed placement of a sign at a crosswalk. By the same token, the personal injury lawyer in Sarnia representing the municipality will have a weaker case, if you had crossed at a spot that should have been better-lighted. On the other hand, a municipality can present a stronger defense, if it makes the needed improvements before your case comes to trial.