Pedestrian accidents can have life-altering consequences, leaving victims with physical, emotional, and financial burdens. The chaos immediately following such incidents can make it difficult to know what steps to take, yet these first hours are critical for ensuring safety, receiving medical attention, and building a strong personal injury claim.
This guide explores the actions victims should prioritize in the immediate aftermath of a pedestrian accident. From safeguarding evidence to seeking professional assistance, proactive measures can protect your rights and improve your chances of fair compensation.
Step 1: Ensure Immediate Safety
1. Move to a Safe Location
If possible, get out of the road or traffic to prevent further harm. If injuries prevent movement, remain still and wait for emergency responders to assist.
2. Call 911
Contact emergency services to report the accident and request both medical assistance and police presence.
- Medical Care: Paramedics can assess and address injuries, even those that may not be immediately apparent, such as internal trauma or concussions.
- Police Report: An official report will document the accident, serving as critical evidence for any future claim.
3. Assess Your Injuries
Common pedestrian accident injuries include fractures, soft tissue damage, head injuries, and spinal trauma. Even if injuries seem minor, avoid underestimating their severity.
Step 2: Gather Evidence
The evidence collected at the scene can make or break a personal injury claim. If you’re unable to gather evidence due to injuries, ask a trusted friend or family member to assist.
1. Document the Scene
- Photos and Videos: Capture images of the vehicle involved, road conditions, traffic signals, skid marks, and visible injuries.
- Hazardous Conditions: Document any environmental factors contributing to the accident, such as poor lighting or obstructed crosswalks.
2. Collect Contact Information
Exchange details with the driver, including their name, phone number, driver’s license, and insurance information.
3. Identify Witnesses
Ask bystanders for their contact information and, if possible, a brief statement about what they observed. Witness accounts can corroborate your version of events.
Step 3: Seek Medical Attention
Even if you feel fine immediately after the accident, prioritize medical care. Some injuries, like internal bleeding or whiplash, may not show symptoms until hours or days later.
1. Visit a Healthcare Professional
A thorough medical evaluation ensures all injuries are diagnosed and treated promptly.
2. Obtain Medical Records
Request detailed documentation of your injuries, treatments, and prognosis. These records are essential for connecting your injuries to the accident and calculating damages.
3. Follow All Treatment Plans
Adhering to prescribed treatments demonstrates the seriousness of your injuries and prevents insurers from disputing your claim.
Step 4: File an Official Report
Reporting the accident creates an official record that strengthens your case.
1. Police Report
Ensure the responding officers include key details in their report, such as the driver’s behavior, witness accounts, and any traffic violations. Request a copy of the report for your records.
2. Notify Your Insurance Company
If you have relevant coverage, such as health insurance or underinsured motorist coverage, notify your insurer about the accident. Be factual and avoid admitting fault.
Step 5: Avoid Common Mistakes
Certain actions can jeopardize your claim or weaken your legal position.
1. Don’t Apologize or Admit Fault
Statements like “I didn’t see the car” or “I should have been more careful” can be used against you. Stick to factual descriptions when speaking to the police or insurers.
2. Refrain from Speaking with the Driver’s Insurance Adjuster Alone
Insurance adjusters often seek to minimize payouts by questioning your account of the accident. Consult an attorney before providing statements.
3. Avoid Social Media Posts
Refrain from sharing details about the accident or your injuries online. Insurers may use your posts to dispute the severity of your claim.
Compensation in Pedestrian Accident Cases
Victims of pedestrian accidents may be entitled to compensation for various damages.
1. Economic Damages
These include tangible losses, such as:
- Medical expenses (immediate and long-term).
- Lost wages or reduced earning capacity.
- Rehabilitation and therapy costs.
2. Non-Economic Damages
These address intangible impacts, including:
- Pain and suffering.
- Emotional distress.
- Loss of enjoyment of life.
Establishing Fault in Pedestrian Accidents
To secure compensation, you must prove the driver’s negligence caused the accident.
Key Evidence for Establishing Fault:
- Traffic Violations: Was the driver speeding, distracted, or violating traffic laws?
- Witness Statements: Eyewitness accounts can support your claims about the driver’s behavior.
- Surveillance Footage: Video evidence from traffic cameras or nearby businesses can provide objective proof.
Shared Fault and Comparative Negligence
In states like California, you can still recover damages even if you are partially at fault. However, your compensation will be reduced by the percentage of your fault.
Real-World Scenarios
Crosswalk Collision
A pedestrian crossing at a marked crosswalk is hit by a car that failed to yield. Photos of the skid marks, witness testimonies, and the driver’s admission of fault lead to a successful settlement.
Distracted Driving Incident
A driver texting while turning hits a pedestrian. Cell phone records and traffic camera footage confirm the driver’s distraction, strengthening the victim’s case.
The Role of Attorneys in Pedestrian Accident Cases
Navigating the complexities of a personal injury claim can be challenging, especially while recovering from an accident. A skilled attorney provides critical support, including:
1. Investigating the Accident
Attorneys gather evidence, interview witnesses, and consult experts to build a strong case.
2. Negotiating with Insurers
Lawyers handle communication with insurance companies to secure fair compensation and counter lowball offers.
3. Representing You in Court
If a settlement isn’t reached, your attorney will advocate for your rights in court.
Preventing Future Pedestrian Accidents
While accidents can’t always be avoided, taking precautions can reduce the risk.
Tips for Pedestrians:
- Use designated crosswalks and obey traffic signals.
- Stay alert and avoid distractions like texting or wearing headphones while crossing streets.
- Wear reflective clothing when walking at night.
Tips for Drivers:
- Always yield to pedestrians at crosswalks.
- Avoid distractions such as texting or eating while driving.
- Drive cautiously in areas with heavy pedestrian traffic.
Conclusion
The immediate aftermath of a pedestrian accident is critical for protecting your rights and securing fair compensation. By prioritizing safety, gathering evidence, seeking medical attention, and consulting a skilled attorney, victims can strengthen their personal injury claims and achieve a favorable outcome.
If you’ve been involved in a pedestrian accident, don’t navigate the process alone. Seek professional legal guidance to protect your interests and focus on recovery while your attorney handles the complexities of your case.
