Steps to Take When Filing a Pedestrian Accident Claim

Each year, thousands of pedestrians are injured or killed in traffic accidents. In 2019 alone, California reported over 14,000 pedestrian injuries and nearly 900 fatalities, underscoring the significant risks pedestrians face daily. If you’ve been involved in a pedestrian accident, understanding the steps to take when filing a claim is crucial to protect your rights and secure the compensation you deserve.

Immediate Actions at the Scene

Your actions immediately following a pedestrian accident can significantly impact the strength of your claim.

Ensure Safety:
- Move to a Safe Location: Prioritize your safety and move away from traffic if you can do so without causing further injury.
- Check for Injuries: Assess yourself and others for injuries. If anyone is seriously hurt, call for emergency responders immediately.
Report the Accident:
- Call 911: Report the accident to the police, providing the location, the number of people involved, and details of any known injuries.
- Request Medical Assistance: Even if injuries seem minor, seek medical attention. Some injuries may not be immediately apparent and can worsen over time.
Gather Information:
- Contact and Insurance Details: Collect the driver’s name, contact information, insurance details, and license number.
- Witness Information: Obtain names and contact information from any witnesses at the scene. Witness statements can provide an unbiased account of the incident.
Document the Scene:
- Take Photos and Videos: Use your phone or camera to document the entire accident scene, including wide-angle shots, vehicle damage, visible injuries, and road conditions.
File a Police Report:
- Necessity of Filing: Filing a police report is often legally required, especially if there are injuries or significant property damage.
- Obtaining a Copy: Get a copy of the police report, as it serves as an unbiased account of the incident and can be critical for your claim.

Building Your Pedestrian Accident Claim

After addressing immediate needs, focus on building a strong claim to ensure fair compensation for your injuries and damages.

Seek Medical Attention and Document Everything:
- Medical Records: Keep detailed records of all medical treatments, including hospital bills, doctor’s visits, prescription medications, and physical therapy.
- Connect Injuries to the Accident: Ensure that your medical records clearly link your injuries to the pedestrian accident.
Notify Your Insurance Company:
- Contact Details: Provide your insurance company with the necessary information about the accident, including the driver’s contact and insurance details, the police report number, and any photos or videos of the scene.
- Accurate Reporting: Report the accident accurately and avoid speculating or admitting fault.
Determine Liability:
- Negligence: Establish that the other party was at fault due to negligence, such as failing to yield, speeding, or distracted driving.
- Evidence: Gather evidence to support your claim, including witness statements, police reports, surveillance footage, and expert analysis.
Calculate Damages:
- Types of Damages: Understand the types of damages you may be entitled to, including medical expenses, lost wages, property damage, and pain and suffering.
- Lost Wages: Document and calculate lost wages by adding up the hours missed and multiplying that number by your hourly pay.
Consult with a Personal Injury Attorney:
- Legal Representation: Hire an experienced personal injury attorney to guide you through the claims process, protect your rights, and negotiate with insurance companies.
- Maximize Compensation: An attorney can help you gather evidence, assess liability, and pursue the maximum compensation possible for your injuries and losses.

Filing the Pedestrian Accident Claim

The formal claim process involves several key steps to present your case effectively.

Prepare and Submit the Claim:
- Compile Documentation: Gather all necessary documentation, including medical records, accident reports, witness statements, expert testimonies, and evidence of damages.
- Demand Letter: Draft a demand letter to the at-fault party’s insurance company, outlining the details of the accident, the injuries sustained, and the compensation you are seeking.
Negotiate a Settlement:
- Insurance Adjuster: Work with the insurance adjuster assigned to your case, providing them with all the necessary information and documentation.
- Negotiation: Discuss a potential settlement with the insurer, and be prepared to negotiate for a fair amount.
File a Lawsuit (If Necessary):
- Statute of Limitations: Be aware of the statute of limitations in your state, which sets a deadline for filing a lawsuit.
- Going to Court: If a fair settlement cannot be reached, your attorney may advise filing a lawsuit to pursue your claim in court.

The Role of a Pedestrian Accident Lawyer

Navigating a pedestrian accident claim can be complex, and having an experienced attorney on your side can make a significant difference.

Case Evaluation:
- Review Details: A lawyer will review the details of your case to identify all responsible parties and assess your total damages.
- Investigate the Accident: They will investigate the cause and circumstances of the accident, gathering evidence to build a strong case on your behalf.
Evidence Gathering:
- Locate Witnesses: An attorney can locate witnesses and gather statements to support your claim.
- Obtain Records: They can request medical records, police reports, and other relevant documents to strengthen your case.
Negotiation and Settlement:
- Communicate with Insurance: Your attorney will handle all communications with the insurance company, protecting you from potential pitfalls.
- Negotiate Fairly: They will negotiate with the insurance adjuster to reach a fair settlement that covers your medical expenses, lost wages, and other damages.
Litigation (If Necessary):
- File a Lawsuit: If a fair settlement cannot be reached, your attorney will file a lawsuit on your behalf and protect your rights in court.
- Trial Representation: They will represent you in court, presenting evidence and arguments to pursue the compensation you deserve.

Understanding the Statute of Limitations

The statute of limitations is a critical factor in filing a pedestrian accident claim. It sets a deadline for filing a lawsuit, and missing this deadline can result in losing your right to seek compensation.

Time Limits:
- Vary by State: The statute of limitations varies by state, typically ranging from one to three years from the date of the accident.
- Exceptions: There may be exceptions to the statute of limitations, such as cases involving minors or government entities.
Importance of Timely Action:
- File Promptly: It is essential to file your claim as soon as possible to avoid missing the deadline and to ensure that evidence remains fresh and witnesses are available.
- Consult an Attorney: Consult with an attorney to understand the specific statute of limitations in your state and to ensure that your claim is filed within the required time frame.

Maximizing Your Compensation

To maximize your compensation in a pedestrian accident claim, consider the following:

Document Everything:
- Keep Records: Maintain detailed records of all medical treatments, expenses, lost wages, and other damages.
- Photos and Videos: Preserve any photos or videos of the accident scene, vehicle damage, and injuries.
Seek Medical Treatment:
- Prompt Care: Seek prompt medical attention and follow all medical advice provided by your healthcare providers.
- Document Symptoms: Describe all symptoms you are experiencing, even subtle ones, to ensure an accurate diagnosis and treatment plan.
Avoid Social Media:
- Be Careful What You Say: Refrain from posting any details about the accident or anything unrelated to the accident that could be considered contradictory to your claims.
Hire an Experienced Attorney:
- Legal Advocate: An experienced pedestrian accident attorney can serve as your legal advocate, protecting your rights and fighting for the compensation you deserve.
- Negotiation Skills: They have the skills and experience to negotiate with insurance companies and pursue the maximum compensation possible for your injuries and losses.

Conclusion

Filing a pedestrian accident claim involves several important steps, from gathering evidence at the scene to negotiating with insurance companies and, if necessary, filing a lawsuit. By understanding these steps and seeking the guidance of an experienced personal injury attorney, you can protect your rights and pursue the compensation you need to recover from your injuries and rebuild your life.