A pedestrian accident can happen in an instant but leave lasting consequences. Whether you’re the victim or assisting someone involved, knowing what to do can make a huge difference in ensuring safety, gathering critical evidence, and protecting legal rights.
Here’s a step-by-step guide on what you should do after a pedestrian accident.
1. Ensure Safety First and Call for Help
Your first priority is safety. If you’ve been hit, assess your injuries and check if you can move without causing further harm. If possible, get to a safe location away from traffic to avoid additional danger.
If anyone is seriously injured, do not attempt to move them unless they are in immediate danger.
Instead, call 911 right away and clearly describe the accident location and the nature of the injuries. Emergency responders can provide medical care and document the accident.
Once law enforcement have arrived and done investigating the scene, ask for a police report. This official document is crucial in proving liability.
2. Gather Important Information
Once you’re safe, collect key details to support your claim. Start with the driver’s information—name, contact details, driver’s license number, insurance provider, and vehicle details. If they refuse, wait for the police to document it.
Next, get witnesses’ contact information. Their statements provide neutral perspectives that can help establish fault.
Finally, note accident details like time, location, road conditions, and traffic signals. These factors help paint a clear picture of what happened.
The more accurate your records, the stronger your case.
3. Document the Scene
If possible, take clear photos and videos of the accident scene. Visual evidence can be powerful in supporting your claim. Focus on:
Your injuries and any torn or bloodied clothing.
Vehicle damage, including the car that hit you.
Traffic lights, crosswalks, and street signs in the area.
Any skid marks or debris on the road that may indicate speed or impact.
In addition to visual evidence, write down your own recollection of what happened while it’s fresh in your mind.
Memory fades quickly, and having a personal record of the incident can help when filing an insurance claim or lawsuit.
4. Seek Medical Attention Immediately
Even if you feel fine after the accident, it’s critical to see a doctor as soon as possible.
Some injuries, such as concussions or internal bleeding, may not show immediate symptoms but can become serious over time. Adrenaline can also mask pain and make it easy to overlook injuries right after an accident.
A thorough medical exam ensures that any hidden injuries are diagnosed early.
Don’t forget to keep medical records of your treatment. This is essential for proving the extent of your injuries if you pursue a claim.
5. Notify Your Insurance Company
Even if you weren’t at fault, report the accident to your insurance provider as soon as possible.
Many policies require prompt notification, and failing to report the incident could impact your ability to file a claim.
However, it’s important to be cautious when speaking with insurance adjusters.
Stick to the facts and avoid admitting fault or making speculative statements. Saying something as simple as “I didn’t see the car coming” could be used against you to reduce or deny your claim.
6. Consider Legal Assistance
If you suffered injuries or significant losses, consulting a personal injury lawyer is highly recommended. They can:
Assess your case and explain your legal options
Handle communications and negotiations with insurance companies
Gather evidence, including surveillance footage, medical reports, and expert testimonies
Fight for fair compensation for medical bills, lost wages, and pain and suffering
A lawyer ensures you don’t settle for less than what you deserve, especially when dealing with insurance companies that often try to minimize payouts.
How can a pedestrian prove a driver was at fault for an accident?
Being hit by a car doesn’t automatically mean the driver is liable. Pedestrians must prove that the driver’s negligence caused the accident. To establish a claim, you need to establish these four elements:
Duty of Care: The driver had a legal responsibility to drive safely and follow traffic laws.
Breach of Duty: The driver acted carelessly, such as by speeding, running a red light, or being distracted.
Causation: The driver’s actions directly caused the accident.
Damages: You suffered injuries or financial losses as a result of the crash.
This applies regardless of whether you were crossing at a crosswalk, walking along the side of the road, or even hit while on a sidewalk.
Can a pedestrian be responsible for being hurt in a crosswalk?
Yes. Pedestrians also have a duty to follow traffic laws. If they jaywalk, cross against a signal, or step into traffic unexpectedly, they could be partially or fully responsible for the accident. This means the amount they receive is adjusted based on their percentage of fault.
If the pedestrian is found partially at fault, their compensation may be reduced under comparative negligence laws.
For example, if a pedestrian is less than 51% at fault, they can still recover damages, but their compensation will be reduced by their percentage of fault.
However, if they are 51% or more at fault, they cannot recover any compensation.
In cases like this, working with a Portsmouth personal injury lawyer can help assess liability and gather evidence to minimize your fault percentage.
How much does a personal injury lawyer cost?
Most personal injury lawyers, such as those at DiBella Law Injury and Accident Lawyers, work on a contingency fee basis. This means they only get paid if they win your case. Their fee is typically 33% to 40% of your settlement.
Legal expenses, such as filing fees, expert witnesses, and investigations, may also be deducted from your final compensation.
This fee structure is beneficial because it allows injury victims to access legal representation without upfront costs. It also ensures that lawyers are fully invested in winning the case otherwise they wouldn’t get any compensation if they lost.
Moreover, a lot of firms offer free consultations, so you can start exploring your options soon after the accident.
How long do I have to file a pedestrian accident claim?
The time limit for filing a pedestrian accident claim depends on the state’s statute of limitations. Each state has different deadlines.
For example, Massachusetts and New Hampshire allow three years, while Florida has a two-year limit. If you miss this deadline, you forfeit your right to seek compensation.
However, it’s best to file your claim as soon as possible. Delays can weaken your case, as insurance companies may argue that your injuries are unrelated or not as severe as claimed.
Filing quickly also demonstrates your seriousness and strengthens your position in negotiations. The sooner you act, the better your chances of securing the compensation you deserve.
Final Thoughts
A pedestrian accident can have life-changing consequences, but taking the right steps ensures your safety, strengthens your claim, and helps you get the compensation you deserve.
Stay calm, document everything, and seek medical attention. If the accident resulted in serious injuries, consulting a lawyer can make all the difference in navigating insurance claims and legal proceedings.
By being informed and prepared, you can protect yourself and your rights after a pedestrian accident.
Photo by Chait Goli from Pexels
Speak Your Mind