Hit by a Car? A Step-by-Step Guide for Pedestrians

Being struck by a car as a pedestrian is a terrifying experience that can result in severe injuries or even fatalities. In 2022, pedestrian accidents accounted for nearly 20% of total deadly accidents nationwide. If you or a loved one has been involved in such an incident, knowing the immediate steps to take can significantly impact your physical recovery and any potential legal claims. This guide provides a comprehensive, step-by-step approach to handling the aftermath of being hit by a car as a pedestrian.

Step 1: Ensure Your Safety and Seek Immediate Medical Attention

Your safety is the top priority. After being hit, immediately move to a safe location away from traffic to prevent further injuries. If you are seriously injured, try not to move and wait for emergency responders to arrive. Call 911 to report the accident and request medical assistance, even if your injuries seem minor. Some injuries, such as head trauma or internal bleeding, may not be immediately apparent but can become life-threatening if left untreated. A medical evaluation will document your injuries, which is crucial for any potential legal claims.

Step 2: Report the Accident to the Police

Contact law enforcement to report the accident. An official police report is essential for documenting the details of the incident and establishing the facts. This report serves as an unbiased account of the event, including the time, location, parties involved, and initial observations. Police officers at the scene will collect essential evidence, including witness statements, photographs, and descriptions of the accident. Ensure the police report is accurate and obtain a copy for your records.

Step 3: Gather Information at the Scene

If possible, collect as much information as you can at the scene of the accident:

Driver Information: Obtain the driver’s name, contact information, insurance details, and license plate number.
Witness Information: Collect contact information from any witnesses who may have seen the accident. Witness statements can provide valuable insights into what caused the crash.
Photos and Documentation: Take photos of the accident scene, including your injuries, the vehicle involved, and any relevant road conditions. Documenting the scene with photos and witness contacts is crucial for insurance claims and legal matters.

Step 4: Notify Your Insurance Company

Notify your insurance company about the accident as soon as possible. Many insurance policies have specific time limits for reporting accidents, and delaying this step could jeopardize your claim. Provide accurate and detailed information about the accident, including the date, time, location, parties involved, and a summary of the incident.

Step 5: Consult with a Personal Injury Attorney

Contact a personal injury attorney experienced in handling pedestrian accident cases. A lawyer can assist you with making insurance reports, documenting injuries, and contacting witnesses. Your actions immediately following a pedestrian accident are critical to proving your case. Working with an experienced attorney helps take most of the insurance and legal responsibilities off your shoulders, allowing you time to focus on healing and recovery.

Step 6: Document Your Injuries and Medical Treatment

Keep detailed records of all medical treatment and expenses related to the accident. This includes hospital visits, surgeries, physical therapy, medications, and medical equipment. Maintain a detailed journal of your injuries, recovery process, medical treatments, and expenses. Include notes on your physical and emotional state, as well as any impact the accident has on your daily life.

Step 7: Understand Liability and Negligence

In pedestrian accidents, liability is often based on negligence. To file a pedestrian accident claim, you must establish that the other party was at fault for the incident. This means gathering evidence to demonstrate that the driver failed to exercise reasonable care, ultimately causing the collision and your injuries. Examples of driver negligence include:

Speeding
Distracted driving
Driving under the influence
Failure to yield at a crosswalk
Running a red light or stop sign

However, pedestrians also have a responsibility to exercise reasonable care and follow traffic laws. Pedestrians can also be at fault for accidents. Situations where pedestrians may be liable include:

Jaywalking or crossing streets outside designated areas
Disregarding traffic signals
Walking on a highway

Step 8: File a Claim for Compensation

Your attorney will assist in filing a personal injury claim against the at-fault driver’s insurance company. This claim should cover medical expenses, lost wages, pain and suffering, and any other damages related to the accident. Compensation is a critical aspect of pedestrian accident cases. Attorneys strive to secure the maximum possible compensation for you. This includes covering medical bills, lost wages, and pain and suffering.

Step 9: Negotiate with the Insurance Company

After filing a claim, the insurance company will assign an insurance adjuster to handle your case. The adjuster’s job is to investigate the accident and determine how much the company should pay. Be cautious when speaking with the insurance adjuster and avoid making any statements that could be interpreted as admitting fault.

Step 10: Consider Legal Action

If negotiations with the insurance company do not lead to a fair settlement, you may need to file a lawsuit. Settlements for pedestrian accidents can vary greatly in length depending on a variety of factors. These include the severity of the injury, the amount or value of damages sought (e.g., pain and suffering damages, medical treatment costs, and more), and how long it takes for a personal injury claim to be filed.

Common Injuries in Pedestrian Accidents

Pedestrian accidents often result in severe injuries due to the lack of protection. Some of the most common injuries include:

Traumatic Brain Injuries (TBIs): TBIs are among the most severe and life-altering injuries in pedestrian accidents.
Spinal Cord Injuries: These injuries can cause partial or complete paralysis, significantly impacting a victim’s quality of life.
Broken Bones and Fractures: Pedestrian accidents often lead to broken bones, particularly in the legs, arms, and ribs.
Internal Injuries: Internal bleeding, organ damage, and ruptured blood vessels are some of the potential internal injuries that can occur in pedestrian accidents.
Soft Tissue Injuries: Sprains, strains, and contusions are common soft tissue injuries in pedestrian accidents.
Cuts, Lacerations, and Abrasions: While they may seem less severe, cuts and bruises can also be a common result of pedestrian accidents.

Statute of Limitations

Each state has a statute of limitations, which sets a deadline for filing a lawsuit. In California, the statute of limitations for personal injury claims is generally two years from the date of the accident. Missing the deadline can result in the forfeiture of your right to compensation, making it essential to seek legal guidance as soon as possible.

Seeking Justice and Fair Compensation

Being hit by a car as a pedestrian can have devastating consequences. By following these steps and seeking legal counsel, you can protect your rights and pursue the compensation you deserve. Remember, an experienced attorney can help you navigate the complexities of the legal process and ensure you receive fair treatment.