What to Do If You are Hit by a Car While Walking: Legal Steps to Protect Your Rights
Being hit by a car while walking is a traumatic and dangerous experience that can leave you with severe injuries and many questions. Our team of pedestrian accident attorneys understands the challenges you’re facing. Our guide outlines the steps to take immediately after a pedestrian accident to safeguard your well-being and build a solid legal case.
Immediate Steps After a Pedestrian Accident
In the moments following a pedestrian accident, your safety and health should be your top priorities. However, your actions immediately after the accident can also significantly impact your ability to seek compensation later.
Ensure Your Safety and Move to a Safe Location
Your first concern after being hit by a car is your safety. If you can move, get out of harm’s way to avoid further injury. Find a safe location, such as a sidewalk or nearby building, where you can assess your situation. If your injuries prevent you from moving, signal for help from passersby or call 911. Even if you think your injuries are minor, it’s important to err on the side of caution—some injuries may not be immediately apparent but can be severe if left untreated.
Assess Your Injuries and Call 911
After ensuring you’re safe, the next step is to assess your injuries and call 911. Emergency medical services will evaluate your condition and provide necessary care. Additionally, law enforcement will arrive to document the incident. Documentation, including the police report, is essential to a personal injury claim. It provides an official record of the accident, which can be instrumental in proving liability and securing compensation in a pedestrian accident lawsuit.
Why Medical Attention Matters
It’s not uncommon for pedestrian accident victims to feel “okay” immediately after the accident due to shock or adrenaline. However, injuries such as internal bleeding, concussions, or soft tissue damage may not show symptoms right away. Seeking immediate medical attention ensures that potential injuries are diagnosed and treated promptly. Moreover, having a medical record that directly links your injuries to the accident helps substantiate your claim with insurance companies or in court.
Documenting the Accident Scene
After receiving medical attention, take steps to document the accident scene. The more detailed and accurate your evidence, the stronger your position will be when negotiating with insurance companies or presenting your case in court.
Gather Evidence and Take Photos
While the details are still fresh, collect as much evidence as possible. Use your phone to take photos of your injuries, the vehicle that hit you, the surrounding area, and any relevant traffic signals or crosswalks. Capture the scene from multiple angles to provide a comprehensive view of what happened. This photographic evidence will be a powerful tool in demonstrating the extent of the accident and the driver’s negligence.
Collect Witness Information
Eyewitness testimony can be a vital component of a successful personal injury claim. If there are bystanders who witnessed the accident, politely ask for their contact information. Their statements could provide third-party validation of your account, strengthening your claim. If willing, ask them to describe what they observed briefly.
Understanding Legal Rights and Liability
Pedestrian accidents often involve complex legal issues, especially when determining who is at fault. As a pedestrian, you have legal rights that are protected by law. Drivers must exercise caution, particularly in areas where pedestrians are present. However, liability can sometimes be shared between the driver and the pedestrian, depending on the circumstances.
Determining Fault in a Pedestrian Accident
Establishing fault is a requirement in any personal injury case. Typically, drivers are expected to follow traffic laws and yield to pedestrians, especially at crosswalks. However, each case is unique; an evaluation of liability will consider factors such as road conditions, visibility, and the actions of the driver and the pedestrian. Your attorney will help you gather and present the evidence needed to prove liability.
Why You Need a Personal Injury Attorney
Navigating the legal aftermath of a pedestrian accident on your own can be overwhelming. A skilled personal injury attorney can help you understand your rights, gather and preserve evidence, and negotiate with insurance companies to secure the compensation you deserve.
When to Contact a Pedestrian Accident Lawyer
It is important to consult with a pedestrian accident attorney as soon as possible after the incident. Early involvement lets your attorney gather evidence quickly, speak with witnesses, and build a solid case. Contact our firm today for a free consultation, and let us help you navigate the path to justice.
Additional Resources
Performing CPR – The American Red Cross
Frequently Asked Questions
What should I do immediately after being hit by a car?
First, move to a safe location if you’re able to. Call 911 right away for medical assistance and to report the accident. Even if you think your injuries are minor, getting checked by a medical professional is important. While waiting for help, document the scene by taking photos and gathering witness information. These steps will help protect your rights and support any legal claims you may need to make.
Can I claim compensation even if I was partially at fault?
You may still be eligible for compensation even if you share some blame. Many states follow comparative negligence laws, which allow you to recover damages proportionate to your level of fault.
What types of damages can I recover in a pedestrian accident case?
You may be entitled to compensation for medical expenses, lost wages, pain and suffering, emotional distress, and any future costs related to your injuries.
Are there any simple tips to avoid pedestrian accidents?
Yes, following a few pedestrian safety tips will help anyone on foot lower the danger of suffering a pedestrian accident.
