Pedestrian Injury: Protecting Your Rights after an Accident


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A recent CDC fact sheet states that a pedestrian injury occurs every eight minutes and that pedestrian death strikes once every two hours, as a result of a car accident. Most of the time, the blame lies squarely on the shoulders of the vehicle's driver, although insurance companies and defense attorneys will attempt to shift the blame to reduce compensation. When an avoidable and unfortunate incident such as this occurs, it's important to know how to protect your rights.


In nearly half of all crash-related pedestrian injuries, at least one party has consumed alcohol shortly before the accident. The majority of the time, it's the driver of the vehicle who was inebriated when the crash occurred. Another common cause is distracted driving. For instance, a driver may be talking on a phone, texting, eating, or doing another activity that takes his attention away from the road. Unlike alcohol, this can be a little more difficult to prove unless you have the help of an experienced attorney. Other factors, such as speed, failure to yield at a crosswalk, or drug use, will also require that evidence be gathered immediately following the incident.

What You Should Do

The moments after impact are often hazy, especially if you've been hurt. Victims routinely describe having a sense of disconnect while they process what has happened. However, it's important to call the police immediately so that a full report can be drawn up, evidence can be gathered before it disappears, and statements from any eyewitnesses be collected before they leave the scene. You should also be examined by a doctor as soon as possible following the accident, even if you feel fine. Internal injuries, as well as other muscular and skeletal damage, may not be apparent until later. Waiting for treatment will delay your healing and, in some cases, increase your risk of death. Additionally, seeking medical assistance right away further establishes a timeline and the extent of your wounds, which will be beneficial in later proceedings. If you are well enough or have a friend who can assist, gather as much information from the scene as possible. Get names and phone numbers of anyone who saw what happened and snap photos of the scene and your injuries. Some insurance companies now have representatives who will come out to the scene of an accident immediately. If the driver of the vehicle has contacted their agent, and they arrive and try to question you or negotiate with you, do not speak with them at all. Their job is to save their company money, not make sure you are ok. This means that even if you respond to a concerned-sounding inquiry as to your well-being, it can be twisted to suit their needs later.

Charleston Pedestrian Injury Attorney

If you've been hurt because someone failed in their responsibility to drive safely, you may be entitled to compensation. Medical expenses can build up and time off from work during recovery can add to the burden. Additionally, non-economic damages, such as pain and suffering can be awarded. To protect yourself financially in the long-run, enlist the help of one of our attorneys. Fill out our quick online form or call us today at 1(800)610-2546.

Contact Us

Clore Law Group welcomes your questions about any issues concerning a serious personal injury, car accident, medical malpractice, nursing home neglect, or business tort. If you have a viable claim, we’ll explain the legal process. Since consultations are always free, there’s no cost in learning your legal options.