After a Pedestrian Accident: Immediate Steps to Take

Being involved in a pedestrian accident can be a life-altering experience. In 2019 alone, California witnessed over 14,000 pedestrian injuries and nearly 900 fatalities, highlighting the significant risks pedestrians face daily. The moments following such an incident are critical, and knowing the right steps can protect your health, your rights, and your ability to seek fair compensation.

1. Prioritize Safety and Seek Immediate Medical Attention

Your immediate safety and well-being are paramount.

Move to Safety: If you’re able, move away from traffic to a safer location like the sidewalk or shoulder.
Call 911: Immediately report the accident to emergency services. Even if you feel unharmed, some injuries may not be immediately apparent. Emergency responders can provide medical assistance and document the scene, creating an official record.
Hidden Injuries: Adrenaline and shock can mask pain. Seek a medical evaluation at the emergency room, urgent care, or your primary care physician to identify any hidden injuries like internal bleeding, concussions, or soft tissue damage.
Medical Records: These records are crucial for documenting your injuries, treatments, and medical expenses, serving as vital evidence if you pursue a legal claim.

Seeking prompt medical attention is not just about your health; it significantly strengthens any potential legal claims. A medical evaluation creates a clear record of your injuries and demonstrates that you took immediate action to address them. Delays in seeking treatment can be used by insurance companies to dispute the severity or cause of your injuries.

2. Gather Information at the Scene

If you are able, collect as much information as possible at the accident scene.

Driver Information: Exchange details with the driver, including their name, contact number, driver’s license information, insurance policy details, and vehicle description (make, model, year, color).
Witness Information: Obtain contact information from any witnesses, as their accounts can provide a comprehensive understanding of how the accident occurred.
Visual Documentation: Take photos and videos of the scene from multiple angles, capturing vehicle damage, your injuries, road conditions, traffic signals, crosswalks, and signage.
Accident Details: Write down a detailed description of how the accident happened while the memory is fresh, including the vehicle’s direction, speed, and circumstances leading up to the collision.
Police Report: Obtain the police report number and a copy of the report, as it includes important details about the accident, such as the time, location, and involved parties, and may contain the officer’s observations and conclusions about fault.

3. Report the Accident

To the Police: Always call the police to the scene of a pedestrian accident. A police report is a crucial document that helps establish the facts of the incident. The responding officer will investigate the scene, interview the driver and witnesses, and create an official record of what happened. This report can be invaluable when filing an insurance claim or pursuing legal action.
To Your Insurance Company: Even if you were a pedestrian, notify your own insurance company about the accident. Your policy may include coverage for pedestrian accidents, such as uninsured motorist protection or personal injury protection (PIP). Be factual and avoid speculating or admitting fault.
DMV Reporting: Be aware of your state’s requirements for reporting accidents to the Department of Motor Vehicles (DMV). In New York State, for example, you must report any accident causing a fatality, personal injury, or property damage exceeding $1,000 within 10 days.

4. Preserve Evidence

Medical Records: Keep detailed records of all medical treatments, expenses, and related documentation.
Physical Evidence: Preserve any physical evidence, such as clothing worn during the accident.
Written Account: Write down everything you remember about the accident, including the moments leading up to it.

5. Contact a Personal Injury Attorney

Consulting with an attorney experienced in pedestrian accident cases is crucial for protecting your rights and navigating the legal process.

Investigate the Accident: An attorney can conduct a thorough investigation to gather evidence, identify liable parties, and build a strong case.
Preserve Critical Evidence: Attorneys can ensure that crucial evidence is preserved, including accident scene photos, witness statements, and surveillance footage.
Communicate with Insurance Companies: An attorney can handle all communications with insurance companies, protecting you from tactics that could minimize your compensation.
Seek Maximum Compensation: A skilled attorney will fight for maximum compensation for your medical bills, lost wages, pain and suffering, and other damages.

6. Be Aware of the Statute of Limitations

Each state has a statute of limitations, which sets a deadline for filing a lawsuit. In California and Florida, the statute of limitations for personal injury claims is generally two years from the date of the accident. Missing this deadline could forfeit your right to compensation. It’s essential to consult with an attorney as soon as possible to ensure your claim is filed within the appropriate timeframe.

7. Legal Considerations

Determine Liability: Liability in pedestrian accidents can be complex, especially in states with comparative negligence laws, where fault can be shared between parties.
File a Claim: Your attorney will assist in filing a personal injury claim against the at-fault driver’s insurance company, seeking compensation for medical expenses, lost wages, pain and suffering, and other damages.
Negotiate a Settlement: Most pedestrian accident claims are resolved through negotiations with the insurance company. Your attorney will advocate for a fair settlement that fully compensates you for your losses.
File a Lawsuit: If a fair settlement cannot be reached, your attorney can file a lawsuit to pursue your case in court.

8. Protecting Your Rights

Avoid Settling Too Quickly: Insurance companies may offer quick settlements, but these may not fully cover your damages. Consult with your attorney before accepting any offers to ensure you receive fair compensation.
Be Cautious with Statements: Avoid discussing the details of the accident on social media or with parties outside of your legal representation. Statements made in these contexts can be used against you.
Stay Informed: Keep in regular contact with your attorney and stay informed about the progress of your case. They will help you understand your options and make informed decisions.

Conclusion

Taking the right steps after a pedestrian accident is crucial for protecting your health, your rights, and your ability to seek fair compensation. By prioritizing safety, gathering information, reporting the accident, preserving evidence, and consulting with an attorney, you can navigate the legal process with confidence and work towards a just resolution.