Pedestrian accidents can happen in the blink of an eye, and they often result in serious injuries. Whether you’re walking to work, running errands, or simply enjoying a stroll, being struck by a vehicle can be both physically and emotionally traumatic. However, knowing what to do immediately after the accident can help protect your health and your legal rights.
In this blog, we’ll outline the essential steps to take if you’re involved in a pedestrian accident, from seeking medical attention to dealing with insurance companies and understanding your legal options. Taking these actions can help you secure the necessary care and compensation for your injuries.
1. Seek Immediate Medical Attention
Your health and safety should be your top priority after any accident. Even if you don’t feel immediate pain, it’s important to seek medical attention right away. Some injuries, such as internal bleeding or head trauma, may not show symptoms immediately but can be life-threatening.
Why it’s important:
- Documentation of injuries: Medical records are critical if you pursue a claim for compensation later. They provide official documentation that links your injuries directly to the accident.
- Prevention of further harm: Some injuries, such as whiplash or concussions, may worsen if left untreated. Seeking prompt medical care ensures that you get the treatment you need to avoid complications.
- Legal protection: If you wait too long to seek medical care, the defendant’s insurance company may argue that your injuries are unrelated to the accident.
Don’t hesitate to visit the hospital or a doctor’s office—even if you think your injuries are minor. It’s always better to be safe than sorry.
2. Report the Accident to the Authorities
It’s essential to file a police report after a pedestrian accident. A police officer will document the details of the accident, which can be crucial for any legal or insurance claims that follow. The report will include information such as:
- Details of the crash: Who was involved, where and when it happened, and any contributing factors.
- Witness statements: If there were any bystanders or other individuals who saw the accident, their statements will be recorded.
- Law enforcement perspective: The officer may provide an opinion on who was at fault, which can be helpful in establishing liability.
Why reporting is important:
- Evidence for claims: The police report is a key piece of evidence when pursuing a personal injury claim or dealing with insurance companies.
- Clarification of fault: The report will help establish whether the driver was at fault due to factors like speeding, running a red light, or distracted driving.
If you’re unable to call the police yourself, ask someone else to do so immediately after the accident.
3. Gather Evidence at the Scene
While it may not always be possible to collect evidence at the scene, doing so can significantly strengthen your case if you choose to pursue a claim. If you’re physically able to, take the following steps:
- Take photos: Capture the scene of the accident, including damage to the vehicle, your position on the road, and any surrounding factors like weather conditions, traffic signals, or road hazards.
- Collect contact information: Get the names, addresses, phone numbers, and insurance details of the driver involved in the accident. If there are any witnesses, ask for their contact information as well.
- Write down details: Jot down your version of events as soon as possible while the details are fresh in your mind. Include factors such as the speed of the vehicle, any nearby traffic, and how the accident happened.
Having this information can help you later if you need to prove your case in court or negotiate with insurance companies.
4. Contact an Attorney
After a pedestrian accident, it’s wise to consult with a personal injury attorney, especially if you’ve sustained significant injuries. An experienced attorney can help you navigate the complex legal landscape and ensure your rights are protected.
How an attorney can help:
- Determine fault: Your lawyer can investigate the accident to determine who was responsible and help you gather the necessary evidence.
- Negotiate with insurance companies: Insurance companies may try to offer a low settlement to avoid paying the full value of your claim. A lawyer will negotiate on your behalf to secure a fair settlement.
- File a lawsuit: If necessary, your attorney will help you file a personal injury lawsuit to seek compensation for medical bills, lost wages, pain and suffering, and other damages.
Most personal injury lawyers offer free consultations, so it’s worth speaking with one to understand your legal options without incurring any costs upfront.
5. Notify Your Insurance Company
While you’re not at fault in a pedestrian accident, it’s still important to notify your own insurance company about the incident. This will ensure that you have the proper coverage and that they’re aware of the accident, especially if the driver involved has no insurance or if you were hit by a hit-and-run driver.
What to include when reporting to your insurance company:
- Accident details: Provide a summary of what happened, including the time, location, and any other important facts.
- Medical treatment: Inform them of the medical treatment you’ve received so far, including visits to the hospital or doctors’ offices.
- Witness information: If there were any witnesses to the accident, be sure to provide their contact information.
Having your insurance company on board can provide additional support, particularly if you need to file for compensation through your own insurance policy.
6. Keep Track of Your Medical Treatment and Expenses
Throughout your recovery process, keep detailed records of all medical treatments, expenses, and any time off work. This documentation will be crucial when seeking compensation for your injuries. Some of the things to track include:
- Medical bills: Keep all invoices for hospital visits, doctor’s consultations, physical therapy, and prescription medications.
- Lost wages: If you missed work due to your injuries, document the time you’ve missed and the wages you’ve lost.
- Pain and suffering: Note the impact your injuries have had on your day-to-day life, including physical and emotional pain, limitations in mobility, and any mental distress.
This information will help your lawyer and insurance company understand the full extent of your damages and can support your claim for compensation.
7. Be Prepared for the Legal Process
If you decide to file a personal injury lawsuit, the legal process can take time. Be prepared for negotiations, potential settlements, and the possibility of going to court. Your lawyer will guide you through the steps, including filing legal documents, gathering evidence, and attending hearings.
What to expect:
- Settlement negotiations: Most pedestrian accident cases are settled out of court, but it’s important to be prepared for a lengthy negotiation process.
- Court proceedings: If your case goes to trial, your lawyer will represent you in court and present evidence to support your claim.
The legal process can be challenging, but with the support of an experienced attorney, you’ll be better equipped to navigate it successfully.
Conclusion
Being involved in a pedestrian accident is a stressful and challenging experience, but knowing the right steps to take can help you protect your health, rights, and legal options. From seeking immediate medical attention to gathering evidence and contacting an attorney, following these steps will put you on the path to recovering the compensation you deserve.
If you’ve been involved in a pedestrian accident, don’t navigate the process alone. Reach out to an experienced personal injury lawyer who can guide you through each step and help you achieve a fair settlement.