What to Do If You Are Hit by a Car as a Pedestrian
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When you’re wondering what to do if hit by a car as a pedestrian, taking immediate action can protect your health, your rights, and your future. Don’t navigate this challenging situation alone get the expert help you deserve with a free case review from our experienced pedestrian accident attorneys. Click the button now to connect with a trusted law firm ready to fight for your compensation and guide you every step of the way.
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Table of Contents:
I was hit by a car as a pedestrian what do I do immediately
Our first priority is safety. If we are still at the scene and our injuries allow it, we should move to a safe location away from traffic, such as a sidewalk or shoulder, to avoid secondary accidents. After that, we should call 911 or the local emergency number to report the accident, even if it seems minor. Calling 911 ensures both police and emergency medical technicians (EMTs) are dispatched promptly. A police report by a law enforcement officer is often critical later on, especially if we decide to file a pedestrian accident lawsuit for injuries and damages. Requesting a copy of the official accident report from the responding agency is vital to establish liability, as it provides an unbiased record of the event.
If we are unable to move, we should stay as calm as possible while waiting for first responders and medical professionals to provide immediate medical attention. Seeking medical treatment immediately is vital, even if injuries feel insignificant or we feel fine. Adrenaline and shock can mask serious injuries such as internal bleeding, concussions, or soft tissue damage. Some serious internal injuries, including head injuries and broken bones, appear days after an accident. Making sure we receive official medical documentation of any harm we have sustained will help us later with an injury claim. Seeing a doctor within 48 hours creates a medical record that links your injuries directly to the accident, which is crucial for compensation.
Document the accident: photos, driver, and witness information
Once we have contacted emergency services and reached a safe spot, we should gather evidence at the scene. We can use our phones to photograph visible injuries, the vehicle involved, its position, skid marks, street signs, traffic signals, and the surrounding environment. We also want to get as much insurance information about the driver as possible, including driver’s license details, plate number, and car insurance policy. Collecting the driver’s name, contact details, insurance information, and license plate number is essential.
Witness statements can help us confirm exactly how and why the pedestrian car accident happened. If any bystanders saw the collision or the events leading to it, we should politely ask for their contact information. These accounts can strengthen a potential claim for pedestrian accident compensation. Evidence can come from several sources, including police reports, witness statements, and traffic camera footage, to establish liability in pedestrian accidents.
Do not admit fault or discuss liability on the scene
We might feel an immediate urge to apologize. However, it is essential to avoid discussing specifics of who caused the collision while still on-site. When we say “sorry,” it can be interpreted later as an admission of fault, even if we were not actually responsible. Pedestrians should avoid discussing fault with the other driver’s insurance company after an accident, as insurance companies may use statements made by the pedestrian against them to limit payouts.
Our focus should remain on confirming that help is on the way, exchanging information, and documenting what happened. Liability issues are often complex in a vehicle pedestrian accident. The driver of the vehicle is often at fault in cases involving pedestrian vs. car accidents, but pedestrians also have duties, such as crossing inside the crosswalk, waiting for the signal, and staying alert in traffic. If a pedestrian steps into the road against the light or outside of a marked crossing, they may share some responsibility for the accident. Liability usually comes down to negligence, which means whether someone failed to use reasonable care. Let the official investigation by local law enforcement unfold, rather than trying to resolve or share blame at the accident scene.
Collect and preserve evidence for your case
The best way to protect our rights is by gathering and keeping all possible evidence, both in physical and digital form. That might include medical records, receipts for out-of-pocket expenses (like prescriptions or specialty medical aids), and any communication with the driver’s insurance company or other driver’s insurer.
If we have a damaged phone, broken personal items, or torn clothing, we should store them safely. Keep the unwashed clothing and shoes you were wearing in a plastic bag, as they may contain evidence like paint transfer. These items can serve as valuable proof of the car crash’s impact. Photographs, videos, cell phone records, and witness testimonies are also crucial in building a strong pedestrian accident claims case.
Notify your insurance company promptly
Even though we are pedestrians, our auto insurance policy or car insurance may still play a role. Many policies provide uninsured motorist coverage for accidents involving a pedestrian, particularly if the at-fault driver is an uninsured driver or underinsured. Pedestrians can file a claim against the driver’s or vehicle owner’s auto liability insurance policy for injuries sustained in an accident. Contacting our insurance company soon after the accident helps preserve coverage options.
When we speak with insurance representatives, it is best to stay factual. We should not guess about injuries or accident details that we are uncertain about. Providing incorrect or speculative information might complicate our insurance claim. If there is confusion, we may want to consult a pedestrian accident law firm or an experienced attorney for clarity.
Steps to take in the days and weeks after the accident
Our priority after any pedestrian crash is to take care of ourselves. That means attending follow-ups with doctors, documenting pain levels or any complications, and ensuring each day’s needs are met. In parallel, we should keep track of all expenses related to the accident, from medical bills to travel costs for appointments and lost income. Document symptoms, medical appointments, and any missed work or lost wages daily in a recovery journal.
In the early aftermath, it can also help to create a folder or digital file that contains photos, medical appointments, insurance correspondence, and police reports. Organizing everything correctly in the days ahead saves plenty of headaches when we consider filing a formal personal injury lawsuit or claim.
Follow-up medical care and record keeping
We must never skip follow-up medical checkups. Some conditions, like concussions or soft tissue traumas, may require specialized scans or extended treatment. By staying on top of our appointments with medical professionals, we show consistency and diligence in addressing our pedestrian injuries.
Writing down any prescribed medication, rest instructions, or therapy details can remind us later of how our life was affected. These records strengthen our position if we seek to pursue compensation for pedestrian accident injuries. They also help doctors monitor progress and adjust treatment schedules as needed.
Handling insurance adjusters and avoiding common pitfalls
Insurance companies often try to minimize payouts to injured pedestrians after an accident, making low settlement offers hoping we will accept without negotiation. Insurance adjusters often aim to minimize payouts, so we want to handle these conversations with caution. If an adjuster from the other driver’s insurer or the driver’s insurance company contacts us, we should politely provide facts about the incident and any accompanying documents. It is wise to refrain from giving recorded statements until we have spoken with a personal injury attorney.
We might feel pressured to settle quickly, especially if medical bills are looming. Yet it is better to figure out the full extent of our physical and financial losses before agreeing to a settlement. Consulting a pedestrian accident attorney can help us recognize whether the insurance company’s offer is fair or if we deserve more. Hiring a qualified pedestrian accident attorney can help ensure that the pedestrian’s rights are protected during negotiations with insurance companies.
No Win, No Fee. Let the Best Motor Vehicle Accident Attorneys Fight for your Compensation!
Legal options after a pedestrian accident
Depending on how the accident occurs, we may have multiple legal routes. That could mean working with our own insurance under an uninsured motorist coverage, negotiating with the at-fault driver’s insurance, or even filing a lawsuit when the liable party refuses fair compensation.
A pedestrian accident lawyer can investigate the incident, gather evidence, and initiate a claim or lawsuit against the negligent party. Injured pedestrians have the legal right to pursue compensation for their losses if someone else’s negligence causes the accident. Pedestrians can sue if they are hit by a car and the driver’s negligence causes the accident and resulting injuries.
A successful lawsuit requires proving the driver owed a duty of care, breached that duty, and directly caused damages to the pedestrian. Personal injury attorneys typically work on a contingency fee basis, meaning they only get paid if you win your case. Consulting a pedestrian accident attorney can help ensure your rights are protected while you focus on recovery after an accident.
We can pursue both negotiation and litigation with the help of professionals who understand pedestrian accident liability. If the incident involved extreme driver negligence, such as distracted driving, drunk driving, or other violations of traffic laws, a case might become even more significant.
Economic damages you may recover
When we succeed in a claim, we typically recover economic damages, which are the actual financial costs incurred. This often covers our medical expenses, ongoing rehabilitation, and the income we lost by missing work. If injuries are long-term or severe injuries, future costs can be included as well.
It is important to accurately track all costs. Even hiring help at home, such as a caregiver or babysitter, might be reimbursed if it is directly related to our injuries. Such detail can be valuable if we proceed with pedestrian accident legal advice and file a formal claim.
Non-economic damages: pain, suffering, and lifestyle impact
Beyond the dollars-and-cents costs, accidents can cause physical pain, psychological trauma, and daily hardship. When we can no longer enjoy our usual hobbies or need extensive therapy to cope with emotional distress, these losses may qualify as non-economic damages.
Non-economic compensation often revolves around the intensity of our suffering and how life-changing the accident has been. This category might be complex to assess, which is where skilled representation from a pedestrian accident attorney can be particularly useful.
Case studies: successful pedestrian accident claims
Different claims emerge from a variety of circumstances. One example might be a pedestrian struck at an unmarked crosswalk, where a negligent driver did not exercise reasonable care and failed to reduce speed. Another might involve a pedestrian accident at an intersection where traffic signals were ignored. Documented evidence, police reports, and compelling witness statements often led to successful outcomes, ensuring the injured party received monetary support for medical bills, lost wages, and personal suffering.
In nearly all these cases, a methodical approach to collecting documentation and seeking trustworthy legal counsel boosted the final result. Each story underscores the importance of thorough preparation and a timely response.
How an experienced pedestrian accident lawyer can help
An attorney can guide us through filing an insurance claim, negotiating effectively, and building a persuasive case. They can also shield us from common tactics insurers employ to reduce settlements. By analyzing the accident’s specifics, reviewing evidence, and consulting experts when necessary, a lawyer will help sharpen our argument and position.
Moreover, legal professionals know how to handle uncooperative defendants or complicated auto insurance policy nuances. That knowledge is especially helpful if we face a pedestrian accident uninsured driver scenario. Working with specialized counsel can cut through confusion and preserve our rights.
Timeline and statute of limitations for filing claims
Laws about deadlines to file a pedestrian accident case vary by state. Generally, the clock starts ticking on the day of the accident or once we discover an injury was caused by that event. Missing these deadlines can mean losing the chance to recover funds entirely.
With that in mind, we should seek guidance soon after the collision if we think we might pursue legal action. By speaking with counsel, we can verify how long we have to file and whether there are any special conditions. Every day counts, especially when we are unsure how long after pedestrian accident can you sue.
Tips for strengthening your case and avoiding mistakes
Having helped many people navigate similar circumstances, we have seen a few common themes for success:
- Promptly seek medical care and keep consistent records.
- Collect as much photographic and written evidence as possible.
- Monitor all expenses, from medication to lost income.
- Avoid giving recorded statements without professional advice.
Staying organized, documenting everything, and refraining from any admission of fault keep our cases strong. We do not need to do it alone. Reaching out to an experienced attorney often makes the process more manageable.
Take action now: free case evaluation and legal guidance
A pedestrian accident can change our lives overnight, but we have options. At Legal Claim Assistant, we believe every injured pedestrian should receive personalized support. Whether we think we have a straightforward claim or something more complex, there is no downside in exploring a free initial case review. That conversation can clarify our legal standing, next steps, and potential compensation for our suffering.
We invite anyone with questions about what to do if hit by a car as a pedestrian to contact us. By learning about legal options and understanding the evidence we need, we take an informed step toward restoring normalcy and security in our lives.
No Win, No Fee. Let the Best Motor Vehicle Accident Attorneys Fight for your Compensation!
