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Your Legal Guide: What to Do After a Pedestrian Accident

Castelblanco Law Group > Personal Injuries  > Your Legal Guide: What to Do After a Pedestrian Accident

Your Legal Guide: What to Do After a Pedestrian Accident

Contusion

Dealing with the situation after a pedestrian crash can be stressful and confusing. Knowing the proper steps to take is crucial whether you’re dealing with injuries, legal complexities, or insurance claims. From ensuring immediate safety to understanding how a pedestrian injury accident lawyer can protect your legal rights, this guide offers clear and actionable advice to help you handle the situation effectively. With practical tips and professional insights, you’ll be equipped to prioritize your well-being and make informed decisions every step of the way.

Assess the Situation and Ensure Safety

After a pedestrian accident, taking control of the situation is essential to protect health and safety. Remaining aware of surroundings and responding appropriately can help minimize further risks.

Stay Calm and Check for Injuries

Maintaining composure lays the foundation for effectively handling the aftermath of an accident. If someone’s initial reaction is shock or panic, it’s essential to take deep breaths and focus on assessing the condition of their body. Look for visible injuries, listen to areas of discomfort, and check for bleeding. Internal injuries might not always present symptoms immediately, so monitoring pain and mobility is crucial. It’s safer to stay still and wait for emergency help if there’s uncertainty about moving.

Move to a Safe Location if Possible

When safety and injuries allow, relocating to a secure spot away from traffic is critical. Standing on sidewalks or moving out of the roadway reduces further harm. If movement isn’t possible, signaling for help and remaining visible is key. Staying quiet and preserving energy ensures responders can accurately assess injuries upon arrival.

Contact Emergency Services

After ensuring personal safety, contacting emergency services is a critical next step. Prompt communication with medical teams and law enforcement aids in securing immediate care and documenting the incident.

Call for Medical Assistance

Dial 911 right after the accident to request medical help. Even if injuries appear minor, internal trauma or delayed symptoms could surface later. Emergency responders evaluate injuries on-site, stabilize critical conditions, and transport individuals to the hospital if necessary. Timely medical documentation also strengthens any pedestrian injury claim by connecting injuries directly to the accident. 

Collect and Document Important Information

Gathering information becomes a top priority after ensuring immediate safety and contacting emergency services. Robust documentation helps protect legal rights and supports any pedestrian injury claim by providing accurate details about the incident, including specifics like the vehicle identification number (VIN), which can be critical for tracking insurance and ownership records.

Exchange Information with the Driver

Sharing contact and vehicle details with the driver involved is essential. Focus on collecting the driver’s name, address, phone number, and vehicle registration number. If the driver appears uncooperative or hesitant, attempt to obtain their license plate number discreetly. Confirm their insurance provider and policy number, which will be helpful later. At the same time, be ready to provide your identification, including a driver’s license if you have one, to facilitate communication and official reporting.

Gather Evidence and Identify Witnesses

Preserve the accident scene through thorough documentation. Capture photos and videos of visible injuries, damage to the vehicle, and any relevant nearby elements such as traffic signals, street signs, or landmarks. Look for evidence like skid marks, malfunctioning vehicle lights, or signs of traffic violations. These details help clarify faults and support claims if discrepancies arise in reports or accountability.

If witnesses were present, ask for their names and contact information. I request they provide a statement to law enforcement before leaving the scene. Witness testimonies often prove instrumental, especially if the driver disputes liability. 

Seek Medical Attention

Medical care immediately after a pedestrian accident is critical for health and legal reasons. Even if injuries seem minor, prompt evaluation is essential to detect hidden damage and ensure proper documentation for a pedestrian injury claim.

Get Evaluated Even for Minor Injuries

Medical evaluation after an accident identifies injuries that may not be apparent immediately. Conditions like internal bleeding or head trauma can lack obvious symptoms initially but become severe if untreated. Emergency responders assess injuries at the scene, stabilize critical situations, and determine whether hospital care is needed.

For example, someone who was hit by a car as a pedestrian might initially feel fine but experience delayed pain or dizziness later. Documentation from this evaluation links injuries directly to the accident, strengthening any claim and preventing disputes from insurance companies about injury severity.

Follow Through with Medical Advice

Stick to your doctor’s advice to ensure a smooth recovery and avoid complications. Missing follow-up visits or ignoring professional recommendations can delay healing and weaken your legal case. Detailed medical records of consistent care make it harder for insurers to challenge your claim. Staying committed to treatment demonstrates a focus on recovery, which is essential for your health and building a strong foundation for legal proceedings. Regular check-ups, therapy sessions, and prescribed medications are vital steps in this process.

Inform Your Insurance Company

Informing your insurance company after a pedestrian accident ensures any claims or legal processes run smoothly. Prompt communication provides them with essential details to process your case efficiently.

Report the Incident Promptly

Contacting your insurance company soon after the accident ensures accurate and timely documentation. Share critical information, like the location, time, and involved parties. Provide a clear summary without omitting details, such as injuries or property damage. If available, include evidence like police reports, photos, or medical records. This builds a foundation for your pedestrian injury claim.

Avoid Speculating or Admitting Fault

Stick to the facts when speaking with your insurer. Avoid providing assumptions about fault or how the accident occurred, as this could complicate your case. Rather than saying, “I was hit by a car as a pedestrian because I wasn’t paying attention,” simply describe the events as you know them. Let investigations by law enforcement or insurance adjusters determine liability.

Protect Your Legal Rights

Understanding how to safeguard your legal rights after a pedestrian accident is essential. Insurance companies and legal processes can be complex, but careful steps ensure fair treatment and compensation.

Be Cautious When Speaking to Insurance Adjusters

When speaking with insurance adjusters after a pedestrian accident, exercise caution. Both your insurance company and the driver’s insurer may contact you. Their primary goal is to minimize their financial obligations, which often means undervaluing claims or contesting liability. Adjusters might attempt to get you to admit fault or downplay your injuries.

Avoid providing recorded statements or signing documents without consulting a legal professional. Adjusters can use recorded statements to undermine your claim or argue that injuries were preexisting. Instead, stick to factual information and avoid speculating about the accident. If you’re wondering, “I was hit by a car as a pedestrian; what do I do with the insurance company?” remember to protect your interests by consulting with an attorney before making formal decisions.

Seek Advice from a Legal Professional

A legal professional protects your rights and guides you through the claims process. An attorney experienced with pedestrian accidents can review settlement offers and advise whether they’re fair. Insurance companies often introduce low initial offers, aiming to save money. Many victims unknowingly accept less compensation than they deserve without proper legal counsel.

To pursue fair compensation, attorneys can evaluate the full scope of damages, including medical expenses, lost wages, and pain and suffering. They also address challenges like liability disputes or processing delays. For those filing a pedestrian injury claim, legal representation ensures that insurers uphold their financial responsibilities rather than shifting the blame or undervaluing damages.

Conclusion

Pedestrian accidents can leave lasting physical, emotional, and financial impacts, making it essential to act thoughtfully and decisively in the aftermath. Prioritizing safety, seeking medical attention, and documenting the incident are critical to protecting health and legal rights.

Navigating the complexities of insurance claims and legal processes can be overwhelming, but professional guidance ensures fair compensation and accountability. Following the outlined steps and seeking support, individuals can focus on recovery while safeguarding their future.

Eric Castelblanco, Attorney/Founder

Eric Castelblanco, founder and managing attorney of Castelblanco Law Group, APLC, has championed tenants' rights for over two decades, securing over $200 million in verdicts and settlements. His law firm also specializes in every aspect of personal injury accident cases, delivering exceptional ou...

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