Pedestrian Accidents: What to Do If You’re Hit by a Car

Pedestrian Accidents: What to Do If You’re Hit by a Car

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Being a pedestrian hit by a car is a traumatic and overwhelming experience. In the aftermath of such an accident, knowing the right steps to take can protect your health, legal rights, and financial well-being.

Whether you are dealing with injuries, filing pedestrian accident claims, or wondering what to do if you get hit by a car while walking, this guide will help you navigate the process effectively and explain how to work with a personal injury lawyer.

Key Takeaways

• Prioritize Your Health and Safety – Always seek medical attention immediately after a pedestrian accident, even if you don’t feel injured, as some injuries may not be immediately apparent.
• Legal Support Can Strengthen Your Claim – Consulting a personal injury attorney can help protect your rights, maximize compensation, and ensure fair treatment from insurance companies.
• Evidence Is Crucial for Your Case – Collecting photos, witness information, and police reports can significantly impact the success of your pedestrian accident claim.

Immediate Steps to Take After a Pedestrian Accident

Seek Medical Attention Immediately

Your health should be your top priority. Even if you feel fine, some injuries may not be immediately apparent. Adrenaline can mask pain, and internal injuries may not present symptoms right away. Call 911 and get checked by emergency responders.

Contact Law Enforcement

Report the accident to the police. A formal police report can serve as crucial evidence when filing pedestrian accident claims. Be sure to provide your account of what happened and obtain a copy of the report later.

Gather Evidence at the Scene

If possible, collect evidence that may support your case:

• Take photos of the accident scene, your injuries, and the vehicle involved.
• Obtain contact information from the driver, including their name, phone number, and insurance details.
• Speak with witnesses and collect their contact details.

Avoid Admitting Fault

Refrain from making statements that could be interpreted as an admission of guilt, such as saying, “I was distracted” or “I didn’t see the car.” Stick to the facts when speaking with the police and insurance representatives.

Legal Considerations After a Pedestrian Accident

If you were injured in a pedestrian accident, consulting a personal injury attorney can help you understand your rights and legal options. An attorney can assist in gathering evidence, negotiating with insurance companies, and filing a lawsuit if necessary.

File an Insurance Claim

If you were hit by a car, the driver’s insurance may be responsible for covering your medical expenses, lost wages, and other damages. However, insurance companies often try to minimize payouts, so having legal representation can strengthen your claim.

Know Your Compensation Rights

Compensation in pedestrian accident claims can cover:

• Medical bills (current and future)
• Rehabilitation costs
• Lost wages and loss of earning potential
• Pain and suffering

Understand Comparative Negligence Laws

Some states operate under comparative negligence laws, which means that if you are found partially at fault for the accident, your compensation may be reduced accordingly. An experienced attorney can help protect your rights and maximize your claim.

Pedestrian Hit By Car? What to Do in the Days Following the Accident

The next few days after the accident occurred are very important because the faster you proceed, the better outcome you will get. We recommend you:

• Follow up with medical treatment and keep all records.
• Document your injuries, symptoms, and emotional distress.
• Avoid discussing the accident on social media, as insurance companies may use your posts against you.
• Stay in touch with your attorney to ensure your case progresses smoothly.

If you need legal representation, contact Kannan Law in San Diego.

What You Need to Know About Making Pedestrian Accident Claims

If you were hit by a driver, proving their negligence is crucial to making a successful claim against them and their insurance. To establish negligence, you must demonstrate that the driver had a duty to exercise care on the road but failed to do so in a way that a reasonable person would under similar circumstances.

Additionally, this failure must be the direct cause of the pedestrian accident, resulting in harm to you. If negligence is proven, the driver’s insurance may cover your damages, though only up to policy limits.

In some cases, the fault for a pedestrian accident may not lie solely with the driver but instead with government entities responsible for maintaining safe road conditions. Poorly maintained roads, inadequate traffic control measures, and insufficient street lighting can all contribute to pedestrian crashes, as noted by the US Department of Transportation’s Federal Highway Administration.

Final Thoughts

If you or someone you love has been hit by a car, taking the right steps can make a significant difference in your recovery and legal outcome. Understanding what to do if you get hit by a car while walking and seeking professional guidance can help you secure the compensation and justice you deserve.

Have you been involved in a pedestrian accident? Contact a qualified attorney today to discuss your case and explore your legal options.

Frequently Asked Questions

What should I do if the driver who hit me flees the scene?

If the driver leaves without stopping, try to remember key details such as the vehicle’s make, model, color, and license plate number. Contact the police immediately and seek medical attention. If there were any witnesses, ask for their statements and contact information, as they may be able to help identify the driver.

Can I file a claim if I was jaywalking when the accident occurred?

Yes, you may still be able to file a claim. While jaywalking could affect the outcome of your case, liability depends on various factors, such as whether the driver was speeding, distracted, or failed to yield. In states with comparative negligence laws, you may still receive compensation, though it could be reduced based on your level of fault.

How long do I have to file a pedestrian accident claim?

The timeframe to file a claim depends on your state’s statute of limitations. In many states, you have between one to three years from the date of the accident to file a lawsuit. However, exceptions may apply if the victim is a minor or if there are special circumstances. Consulting an attorney as soon as possible is recommended to ensure you don’t miss any deadlines.

Can a Pedestrian Be Held Liable for a Car Accident?

Yes, a pedestrian can be held liable for a car accident. Although drivers are generally required to yield to pedestrians and remain vigilant, a pedestrian may be at fault if they suddenly step off the curb, jaywalk, or enter the path of an oncoming vehicle, creating an unavoidable collision.