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Hit by a Car? Essential Actions Every Pedestrian Should Follow

Being involved in a car accident as a pedestrian can be a terrifying experience that leaves you feeling lost and confused. It’s crucial to know that you’re not alone, and there are specific steps you can take to ensure your safety and well-being.

In 2022, about 140,000 people checked into emergency rooms across the country after being hit by a car, according to the Centers for Disease Control and Prevention (CDC). And of the people who died in crashes in 2022, about one in five were pedestrians, the CDC reports.

As pedestrians are often vulnerable on the road, understanding your rights and responsibilities is essential. After an accident, knowing what to do can significantly impact your recovery and potential compensation. Therefore, it’s vital to act quickly and seek help when necessary.

In this article, we will discuss the essential actions every pedestrian should follow after being hit by a car. With clear guidance, you will feel more empowered to navigate this challenging situation and advocate for yourself effectively.

Ensure Your Safety First

Being hit as a pedestrian can be a frightening experience. It is crucial to ensure your safety first. Here’s how you can prioritize your well-being immediately after the accident:

  1. Move to Safety: If possible, move out of the street to avoid further danger. Get to a safe location away from traffic.
  2. Call for Help: Dial emergency services or ask someone nearby to call for you. Request medical treatment even if injuries seem minor, as some injuries may not be immediately apparent.
  3. Take Deep Breaths: Try to stay calm to assess your situation clearly.
  4. Document the Accident Scene: If you can, take notes or pictures of the accident scene. Jot down the driver’s details, vehicle information, and contact information of any witnesses.
  5. Seek Medical Attention: Prioritize your health by accepting medical assistance. Emergency medical treatment can address injuries and ensure you’re okay.
  6. Contact a Pedestrian Accident Attorney: Consider consulting an experienced attorney for guidance on your legal options, making an insurance claim, and dealing with insurance companies.

Remember, your safety and health are most important. Ensuring these first will help you handle the situation with a clear mind.

Seek Immediate Medical Attention

If you are hit by a vehicle as a pedestrian, seeking immediate medical attention is crucial. Even if you feel fine, unseen injuries may exist. These could include internal bleeding, concussions, or fractures. Your health should be your first priority.

Here’s a simple checklist to follow:

  1. Call 911: Request an ambulance to ensure you’re assessed by medical professionals at the accident scene.
  2. Follow the EMT’s Advice: If paramedics advise you to go to the hospital, do so without hesitation.
  3. Visit a Doctor: Even if you were cleared at the scene, follow up with your doctor to ensure there are no hidden injuries.

Seeking medical treatment promptly not only helps in recovery but strengthens any personal injury claim you might make later. All medical records serve as crucial evidence when dealing with insurance companies or if you decide to engage a personal injury lawyer.

Remember, your well-being is the most important thing following a pedestrian accident. Taking these steps ensures you are properly cared for and preserves your right to rightful compensation.

Call the Police to Document the Incident

When you’re hit as a pedestrian, the first action to take is to call the police to document the incident. This step is crucial for creating an official accident report, which serves as important evidence in legal proceedings or insurance claims.

Here’s what you can do:

  1. Stay Calm and Safe: Move to a safe location if possible, but avoid leaving the accident scene.
  2. Call 911: Request emergency medical attention even if injuries seem minor—some injuries might not be immediately apparent.
  3. Provide Details: Give the police as many details as possible about the accident, including the behavior of the driver, weather conditions, and any witnesses present.
  4. Check the Report: Make sure the accident report is accurate. This report can support your personal injury claim and help determine fault.
  5. Get a Copy: Obtain a copy of the report for your records. It’s a key document for pedestrian accident victims dealing with insurance companies or planning to hire a personal injury attorney.

By ensuring the incident is properly documented, you’ll have a stronger case when working with an experienced attorney to seek the compensation you deserve.

Gather Information from the Driver

When you’re involved in a pedestrian accident, it’s important to gather crucial information from the driver at the accident scene. Here’s a quick guide to help you collect what you need:

  1. Driver’s Information: Ask for the driver’s name, address, phone number, and driver’s license number. This helps your pedestrian accident claim later.
  2. Vehicle Details: Note the vehicle’s make, model, and license plate number. These details can strengthen your insurance claim and aid any potential legal claim.
  3. Insurance Information: Request details about the driver’s auto insurance policy, including the company’s name and policy number. This is vital for communicating with the insurance company about your personal injury claim.
  4. Accident Circumstances: If possible, ask the driver or witnesses what they saw and heard during the traffic accident. This might be useful if the accident report needs clarifying.
  5. Cooperate Calmly: Stay calm while gathering this information, even if the driver seems inattentive or you suspect they didn’t exercise reasonable care.

Having this information on hand will support your interaction with an experienced attorney or pedestrian accident lawyer when seeking compensation for medical treatment or property damage.

Collect Witness Contact Details

When you’re involved in a pedestrian accident, one of the most important steps is to collect witness contact details. Witnesses can provide crucial information about the accident scene and help establish facts in cases of personal injury claims. Here’s how to gather this critical information:

  1. Approach Calmly and Politely: After ensuring your safety, approach potential witnesses at the scene with courtesy. Explain that you are collecting information to understand what happened better.
  2. Ask for Contact Information: Obtain their full name, phone number, and email address. This will make it easier for your pedestrian accident lawyer or personal injury attorney to contact them later. Having a witness that you are unable to contact later is not helpful, you must ensure you have the ability to contact them later.
  3. Request a Brief Statement: If possible, ask them to describe what they saw. Even a simple account can be incredibly valuable when dealing with insurance companies or preparing for a legal claim.

Here’s a simple table to help record witness information:

NamePhone NumberEmail AddressBrief Statement
Example Name123-456-7890[email protected]Description

Remember, collecting witness details can support your insurance claim and provide evidence against a negligent or inattentive driver.

Document the Scene with Photographs

When you’re involved in a pedestrian accident, documenting the scene with photographs is crucial. It can provide vital evidence for your personal injury claim and help prove what happened.

Here are some tips on what to photograph:

  1. The Accident Scene: Capture wide shots of the entire area to show context. Make sure to include traffic signs, signals, and crosswalks.
  2. Vehicle Involved: Take pictures of the car that hit you, focusing on license plates, make and model, and any visible damage.
  3. Injuries: Photograph any visible injuries you’ve sustained. These can offer proof of the physical harm suffered during the accident.
  4. Property Damage: If your personal belongings were damaged, document these items too.
  5. Road Conditions: Capture images of the road surface, including potholes, debris, or weather conditions that may have contributed to the accident.
  6. Involved Parties: If possible, get images of the other driver and witnesses present.

This documentation can be very helpful when dealing with insurance companies or if a personal injury attorney needs it for a legal claim. Always ensure your safety first, then gather evidence calmly and efficiently.

Refrain from Discussing Fault

When you’re involved in a pedestrian accident, it can be overwhelming. One important thing to remember is to refrain from discussing fault at the accident scene. This can protect your rights and help prevent misunderstandings.

Why You Shouldn’t Discuss Fault:

  1. Emotional State: Right after an accident, emotions run high. You might not be thinking clearly, and saying the wrong thing could affect your insurance claim.
  2. Incomplete Information: You may not have all the facts about the accident. Discussing blame without knowing the full story can complicate your legal claim.
  3. Insurance Companies: Insurance adjusters are skilled at gathering information. Anything you say could be used against you by auto insurance policies or personal injury claims.
  4. Legal Process: It’s up to experienced attorneys and investigators to determine fault. Let them handle it, and focus on getting the necessary medical treatment.

Remember, silence can be a powerful tool. Instead of speaking about fault, gather information, take photos, and ensure any injured pedestrian receives emergency medical care. Once you’re in a calm environment, contact a personal injury attorney to guide you through the next steps.

Report the Accident to Your Insurance

If you’ve been hit as a pedestrian, it’s critical to report the accident to your insurance company promptly, even if you weren’t driving. Here’s how you can do it effectively:

  1. Gather Information: As soon as possible, collect essential details from the accident scene. This includes the driver’s information, such as name, contact, and auto insurance policy number, as well as any witnesses’ details.
  2. Notify Your Insurance: Contact your insurance company immediately. Even though you’re a pedestrian, they need to be informed about the accident. This helps in case you need to file a personal injury claim.
  3. Provide Details: Share all pertinent information you gathered at the scene with your insurance provider. They may assign an insurance adjuster to work on your claim.
  4. Review Your Coverage: Understand your insurance policy and what it covers in terms of pedestrian accidents. This includes medical treatment and property damage.
  5. Consult with a Lawyer: It’s wise to talk to a personal injury lawyer or pedestrian accident attorney to understand your rights and the potential for a legal claim against the fault driver.

Remember, swift action is essential for protecting your rights and ensuring you’re fairly compensated.

Understand Your Rights as a Pedestrian

Being involved in a pedestrian accident can be scary and confusing, but understanding your rights can help you handle the situation better. Here’s what you need to know:

  1. Immediate Actions: If you’re hit, seek emergency medical treatment immediately, even if injuries seem minor. Your health is the top priority.
  2. Accident Scene Protocol: Report the accident to the police and ensure an official accident report is filed. This report is crucial for any future insurance claim.
  3. Gather Information: Collect details of the fault driver, including their auto insurance policy, contact information, and vehicle details. Take photos of the scene and any property damage.
  4. Legal Support: Consult an experienced pedestrian accident attorney to understand your rights and guide you through the legal process. They can help with filing a personal injury claim against the negligent or inattentive driver.
  5. Insurance Claims: Notify your insurance company immediately. An insurance adjuster will assess the damages for your insurance coverage. Be cautious when discussing the accident to avoid jeopardizing your claim.

Pedestrian accident victims must advocate for themselves. By understanding these rights and steps, you can navigate the aftermath more effectively.

Consult a Personal Injury Attorney

If you’ve been hit as a pedestrian, consulting a personal injury attorney is a critical step. These legal experts can help navigate the complex process of filing a pedestrian accident claim. Here’s why consulting one is important:

  1. Understanding Your Rights: An experienced attorney will explain your rights and how the law applies to your situation. They help determine if the driver was a negligent or inattentive driver.
  2. Maximizing Compensation: They work to ensure you receive the maximum compensation for any medical treatment, property damage, and other losses.
  3. Insurance Negotiation: Dealing with insurance companies and adjusters can be challenging. A pedestrian accident attorney will handle communication and negotiation with your insurance policy and the fault driver’s insurance coverage.
  4. Legal Process: If necessary, they can guide you through filing a personal injury claim or lawsuit, ensuring all legal procedures are followed correctly.

Consider this quick overview when you’re faced with such a situation:

Key BenefitsImportance
Legal expertiseHelps you navigate legal complexities
Better compensationMore likely to increase your financial settlement
Stress reductionManages difficult conversations with insurance claims process

Remember, an attorney is not just a legal ally but an empathetic guide during this stressful time.

Keep Records of Medical Bills and Lost Income

Keeping detailed records of your medical bills and lost income is crucial if you’re involved in a pedestrian accident. These documents are essential when it comes to filing personal injury claims and dealing with insurance companies.

Here’s what you should do:

  1. Collect Medical Bills: Keep copies of all medical bills, including hospital stays, doctor visits, prescriptions, and therapy. These documents prove the extent of your injuries and the cost of your medical treatment.
  2. Track Lost Income: If your injuries prevent you from working, document any lost income. This can include pay stubs, an employer’s note about your missed work, and any other relevant records.
  3. Organize Your Records: Consider using a table to list your expenses and lost wages clearly. This organization helps when presenting your case to insurance adjusters or pedestrian accident attorneys.
  4. Consult an Experienced Attorney: A pedestrian accident lawyer can guide you in gathering necessary documents and strengthen your personal injury claim.

By meticulously keeping these records, you’ll provide solid evidence that demonstrates your need for compensation and support your legal claim against the negligent driver. This helps ensure you’re fairly compensated for your injuries and losses.

Evaluate Compensation for Emotional Suffering

When you’re involved in a pedestrian accident, evaluating compensation for emotional suffering becomes an essential step in your recovery. Emotional suffering can include anxiety, depression, or PTSD, stemming from the stress of the accident.

Steps to Evaluate Compensation:

  1. Document Your Emotions: Keep a journal of your feelings and how they affect your daily life.
  2. Seek Professional Help: Visit a therapist or counselor for a professional assessment. This documentation can support your legal claim.
  3. Consult with an Attorney: An experienced personal injury attorney or pedestrian accident lawyer can guide you through this process. They can help connect your emotional suffering with the accident.
  4. Review Your Insurance Policy: Understand what coverage is available for emotional suffering and file an insurance claim.
  5. Gather Evidence of Impact: Collect any evidence showing how the accident changed your routine or caused distress.

Evaluating compensation can involve dealings with an insurance adjuster or entering civil lawsuits. By understanding these steps and consulting with a personal injury attorney, you can better navigate the complexities associated with your pedestrian accident claim.

Steps for Filing a Claim

If you’re a pedestrian hit by a vehicle, knowing how to file a claim is vital. Here’s a step-by-step guide to help you through the process:

  1. Seek Immediate Medical Treatment: Your health comes first. Even if injuries appear minor, get checked to ensure there are no hidden damages.
  2. Gather Information at the Accident Scene: Collect names, contact information, and insurance details from the driver. Take photos of the scene, including any damage and road conditions.
  3. File a Police Report: An official accident report can be crucial for your claim. Ensure it accurately reflects the facts.
  4. Contact a Personal Injury Attorney: An experienced attorney will help guide your pedestrian accident claim, ensuring your rights are protected.
  5. Notify Your Insurance Company: Report the incident to your insurance provider to initiate a claim, even if you don’t plan to use their coverage.
  6. Collect Evidence and Document Everything: Keep all medical records and receipts. Your personal injury lawyer will need these for your case.
  7. Communicate with the Insurance Adjuster: Cooperate as necessary but consult your attorney before signing anything.

Following these steps can make your path to recovery and justice smoother as a pedestrian accident victim.

What to Expect from the Legal Process

If you’re hit as a pedestrian, the legal process can feel overwhelming, but understanding what to expect can help.

1. Filing a Claim: You’ll start by filing a pedestrian accident claim with the fault driver’s insurance company. This step initiates your pursuit of compensation for damages like medical bills or property damage.

2. Investigation: The insurance company will investigate the accident scene. They may examine police reports, speak to witnesses, and inspect any evidence to determine liability.

3. Demand Letter: Your attorney will send a demand letter outlining your injuries and expenses. It explains why you deserve compensation.

4. Negotiation: The insurance adjuster may offer a settlement. Your pedestrian accident attorney will negotiate to ensure you receive fair compensation for your injuries.

5. Lawsuit: If negotiations fail, your personal injury lawyer might file a personal injury lawsuit. This process can include court appearances and possibly a trial.

6. Settlement or Verdict: The case may end in a settlement or a civil lawsuit verdict, where the fault driver is held accountable.

Throughout the process, an experienced attorney is essential. They guide you and advocate for your rights as an accident victim. Remember, taking timely action is crucial in protecting your legal claim.

FAQs

Accidents can be frightening, and understanding what to do next is important. Here are answers to common questions about what to do if you’re hit as a pedestrian.

How long do I have to file a claim after being hit?

The time you have to file a pedestrian accident claim varies by state. It’s called the “statute of limitations.” Generally, it ranges from one to three years from the date of the accident. It’s crucial to check your state’s specific timeframe. Acting promptly is important to ensuring you have the opportunity to seek compensation.

What should I do if the driver doesn’t have insurance?

If the driver doesn’t have insurance, don’t worry, there are still options. You might file a claim under your own auto insurance policy if you have uninsured motorist coverage. It’s also wise to contact a pedestrian accident lawyer, who can guide you through alternative legal avenues for recovery.

What if I was jaywalking when the accident occurred?

Even if you were jaywalking, you might still be entitled to some compensation. Liability may be shared between you and the driver. This is known as “comparative negligence.” A personal injury attorney can help explain how this applies to your case and work to maximize any recovery you’re due.

How can I prevent accidents as a pedestrian in the future?

Preventing future accidents involves staying alert and cautious. Here are some tips:

  • Use Crosswalks: Always cross at designated crosswalks when available.
  • Stay Visible: Wear bright or reflective clothing, especially at night or in bad weather.
  • Look Both Ways: Remember to check both directions before crossing.
  • Avoid Distractions: Stay off your phone and keep headphones out of your ears while walking.
  • Watch for Turning Vehicles: Be extra cautious of cars making turns at intersections.

By staying vigilant and practicing these safety measures, you can help ensure your safety as a pedestrian.

Speaking To A Personal Injury Lawyer

If you’re a pedestrian hit by a vehicle, it’s crucial to know what steps to take next. One of the most important actions is speaking to a personal injury lawyer. These experienced professionals can help navigate the complex legal process and work to secure the compensation you deserve.

Why speak to a personal injury lawyer? Here’s a quick list of benefits:

  1. Legal Advice: They can explain your rights as a pedestrian accident victim and outline your options based on your situation.
  2. Handling Insurance: A lawyer deals directly with the insurance company, ensuring your insurance claim is handled correctly.
  3. Expertise in Negligence: They gather evidence to show that the negligent or inattentive driver failed to exercise reasonable care, strengthening your case.
  4. Maximizing Compensation: Personal injury lawyers aim to recover not just medical treatment costs but also compensation for property damage and more.

If you need guidance, the attorneys at Chris Ligori & Associates are prepared to assist every step of the way.

Legal Disclaimer: This article does not constitute legal advice. Every case is different, and the information provided here is general in nature. For advice about your specific situation, please contact an attorney who can evaluate the unique facts of your case.

Chris Ligori


Chris Ligori, founding partner of Chris Ligori & Associates, has tried over 100 jury trials, advocating for personal injury victims in Tampa since 1994.