Involved in a Pedestrian Accident? What You Need to Do Right Now

Clore Law · August 19 2021

Over 6,000 pedestrians were killed last year in traffic accidents in the US. Were you just involved in a pedestrian accident? If so, you’re probably trying to decide what to do next.

If this sounds like you, find out more here to discover what to do after a pedestrian accident. Follow these steps so that you can focus on getting back to good health.

What to Do After a Pedestrian Accident

If this traumatic event happens to you, remember to keep calm. If you keep your cool, you’ll be able to complete these tasks effectively:

Stay Put

You’ll be tempted to leave your accident scene, even if your injuries seem minor. You will need time to evaluate your current physical condition as well as that of the others involved in your accident.

Share Contact Info With the Others

If law enforcement officers don’t arrive at your vehicle accident site, then ask for names, addresses, and telephone numbers from other passengers and the driver involved with your accident.

Ask the other driver to show you their proof of auto insurance. Request contact information from any witnesses present who saw your accident as well.

Create an Accident Record File

Collect the facts and evidence of your accident that will need to recoup your damages. Take plenty of pictures of the visible personal injuries you received from the accident.

Law enforcement agencies that report to the accident scene write an accident report as well. These reports include witnesses’ testimonies as well as the officer’s investigation of the accident scene. Get a copy of their report if you know you’ll want to submit a claim for damages.

Visit Your Doctor

Make an appointment with your doctor so that you have their diagnosis. They may also prescribe medication or treatment for injuries you might not see right away.

Sometimes, pain and swelling occur long after the event is over. These types of later injuries are called delayed-onset injuries. If you notice any lingering sensations, notify your doctor as soon as you can.

Their timely diagnosis could help you decide whether it’s time to hire a pedestrian accident lawyer. If these injuries linger, these legal professionals can help you file your lawsuit to recover your damages.

Call Your Insurance Carrier

Call your insurance company as soon as you can. Brief them ahead of time before the other party’s insurance company contacts them.

You can also pay for any medical expenses not covered by your current health insurance policy. After you’ve made this payment, you can then pursue the other party to recover your medical costs.

When Should I Hire a Pedestrian Accident Lawyer?

Ready for the next step? Consider hiring a pedestrian accident lawyer if one of these conditions applies to your situation.

Hospital Care for Injuries

If you suffered serious wounds in your accident, you probably received some very costly hospital bills to pay for your recovery expenses. If you think you’ll need ongoing medical treatment in the future, these bills will add up over time as well.

Disagreement Over Responsibility

Certain US states are considered at-fault states. That means accident victims in these states can’t be over 49-50 percent responsible for their injuries if they want to recover their costs. If a dispute arises over accident fault, the claim may have to be brought through the appropriate court system for a jury or judge to decide.

What Can a Pedestrian Accident Lawyer Do for You?

Legal professionals can guide your claim through the legal system. They’ll offer you their legal advice about your pedestrian accident. They’ll also discuss strategies on how your case can get an optimal outcome.

Pedestrian accident lawyers will also guide you through the proceedings in the  court system. These events can range from preliminary hearings to alternative dispute resolutions, or filing of suit and litigation.  A pedestrian accident lawyer can also provide these services as well:

Draft Your Demand for Compensation

Your pedestrian accident lawyer can document or draft the highlights of all your current and ongoing injuries and the fees for correcting them. These highlights are called your demand for compensation. If you decide to file a pedestrian accident claim, this document gets mailed to the other party in your accident and their insurance provider, and/or may be used to draft a lawsuit. 

The other party then decides if they want to ignore or respond to your demand letter. If they ignore your demand, then your pedestrian accident attorney can file a lawsuit for you.

File Your Pedestrian Accident Lawsuit

A pedestrian accident claim starts when the “plaintiff” or injured party files a “complaint” with the appropriate justice system.

Complaints describe the pertinent facts and why the plaintiff thinks they deserve compensation.

This complaint also identifies the party being sued or the “defendant.” When a plaintiff files their legal claim, they will pay court filing fees. They’ll also ask the court to “summon” the defendant to the court. A “summons” is a document that notifies the defendants that someone has brought a legal claim against them, and they are required to respond.

Negotiate a Settlement

If a plaintiff and defendant want to settle their dispute without heading to court, then a defendant and plaintiff can meet during a court process called mediation.

Lawyers from both sides of the case will prepare a document highlighting the expectations for each party and the bases of their positions.  During or after the mediation process, the court authorized mediator will attempt to resolve the case through a settlement.

What’s Your Next Step?

If you were in a pedestrian accident, do your best to stay calm. Move over to a safe spot out of traffic and collect contact information from the other party.

Create your facts and evidence file. Include your pictures and any witness contact information you collected. Have your copy of the accident report that describes what happened.

Don’t hesitate to give us a call if you want to know more about filing a pedestrian injury claim. Ask us for a free consultation on your case. Let us provide you the service that you deserve.