Pedestrian Accident Checklist: What to Do Immediately After Being Hit

Pedestrian Accident Checklist: What to Do Immediately After Being Hit

Being struck by a vehicle as a pedestrian can be a terrifying and disorienting experience. In 2020, over 6,500 pedestrians were killed in traffic accidents in the United States, highlighting the critical importance of knowing how to respond in such a situation. This checklist provides a step-by-step guide on what to do immediately after being hit by a car to protect your health, safety, and legal rights.

Immediate Actions at the Scene

1. Ensure Your Safety

  • Move to a Safe Location: If you are conscious and able, immediately move away from the roadway to prevent further injuries from oncoming traffic. Get to a sidewalk, shoulder, or grassy area. If you suspect serious injuries, try to remain still and call for help.
  • Call for Help: Dial 911 to request medical assistance and police presence. Emergency responders can provide immediate medical attention and create an official accident report.

2. Assess Injuries

  • Stay Calm: It’s crucial to remain as calm as possible to accurately assess your injuries and surroundings.
  • Determine Injuries: Check for any immediate injuries that prevent movement. If possible, try to move out of the road. If you cannot move, ask someone to call 911.
  • Hidden Injuries: Be aware that some injuries, such as concussions, internal bleeding, or back injuries, may not show immediate symptoms.

3. Gather Information

  • Driver Information: If the driver is present, obtain their name, contact details, insurance information, and license plate number.
  • Witness Information: Collect names and contact information from any witnesses at the scene. Their accounts can be crucial in determining what occurred.
  • Document the Scene: If possible, take photos and videos of the accident scene, including the vehicle, your injuries, traffic signals, and road conditions.

4. Contact the Authorities

  • Call the Police: Even if the accident seems minor, calling the police is essential. They will document the incident in an official report, including the time, location, and people involved. The police report can be used to verify facts later if disputes arise.
  • Obtain a Copy of the Police Report: Make sure to get a copy of the police report, as it contains important details about the accident and can be used to support your claim.

5. What NOT to Do

  • Do Not Admit Fault: Avoid discussing fault with the driver or making statements that could be construed as admitting responsibility, even if you are disoriented.
  • Keep Conversations Brief: Stick to the facts when speaking with the driver and avoid apologizing or speculating about the cause of the accident.
  • Do Not Give Permission to Leave: Do not allow the driver to leave the scene before the police arrive.

Post-Accident Checklist: Protecting Your Rights and Health

1. Seek Medical Attention

  • Immediate Evaluation: Even if you feel fine, seek medical attention as soon as possible. Some injuries may not be immediately apparent.
  • Describe Symptoms: Tell your doctor, “I got hit by a car while crossing the street,” and describe every symptom, even small ones.
  • Document Everything: Keep copies of discharge papers, prescriptions, referrals, and bills. Write down symptoms as they appear, such as pain, trouble walking, sleep problems, or emotional changes like anxiety or fear of traffic.

2. Legal Considerations

  • Contact an Attorney: Consult with a personal injury attorney who specializes in pedestrian accidents. An attorney can advise you of your rights and options while lifting burdens so you can focus on healing.
  • Statute of Limitations: Be aware of the statute of limitations in your state, which sets a deadline for filing a lawsuit. In California, for example, you generally have two years from the date of the accident to file a claim. Missing this deadline could mean losing your right to compensation.
  • Insurance Company: Have an attorney communicate with the insurance company. Before speaking with the insurance company consult with an attorney. The insurance companies can twist your words around and use them against you.

3. Documenting the Incident

  • Photos and Videos: As soon as you can possibly do so after the accident, take pictures. Take pictures of the site, where the driver’s vehicle hit you, any speed signs and anything else around the site that could potentially be used as evidence in a court hearing.
  • Keep Clothing: Keep the clothes you were wearing in the condition that they were in after the accident since these could provide further evidence to the impact of how you were hit.
  • Witness Statements: It’s also a good idea to get the names and contact information of any witnesses so that they can be called upon to testify as to what they saw at a later date if need be.

4. Potential Injuries

  • Head Injuries: Head injuries are one of the most serious consequences of pedestrian accidents. They can range from minor concussions to traumatic brain injuries.
  • Broken Bones: Pedestrian accidents often result in broken bones, including fractures to the arms, legs, ribs, and sometimes, more critical areas like the pelvis or skull.
  • Spinal Cord Injuries: These injuries can cause partial or complete paralysis, significantly impacting a victim’s quality of life.
  • 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.

5. Compensation

  • Damages: If you’ve been injured in a pedestrian accident, you may be entitled to compensation for your injuries, including:
    • Medical expenses
    • Lost wages
    • Pain and suffering
    • Loss of enjoyment of life
  • Economic Damages: Economic damages are straightforward; they include medical expenses, lost wages, and other out-of-pocket costs associated with the accident.
  • Non-Economic Damages: Non-economic damages are equally important but can be more challenging to quantify. These damages include pain and suffering, loss of quality of life, disfigurement, and permanent disability.

6. Comparative Negligence

  • Sharing Fault: Be aware that in some states, like California, you may still recover compensation even if you were partially at fault for the accident. However, your recovery will be reduced by your percentage of fault.

The Importance of Seeking Legal Assistance

Navigating the aftermath of a pedestrian accident can be complex, especially when dealing with insurance companies and legal procedures. Consulting with a personal injury attorney can help you understand your rights, gather evidence, and pursue fair compensation for your injuries and losses. An experienced attorney can also negotiate with insurance companies on your behalf and represent you in court if necessary.

Conclusion

Being hit by a car as a pedestrian can have life-altering consequences. By following this checklist, you can take immediate steps to protect your health, safety, and legal rights. Remember to seek medical attention, gather information, contact the authorities, and consult with an attorney to ensure you receive the compensation you deserve.