Knowing how to respond after being hit by a car is critical for protecting your health and your legal rights. These nine things will help you protect yourself after a pedestrian accident.
While you must prioritize your health and well-being and get prompt medical care, you should also consider your legal options early on. If you suffered injuries, the best way to learn more about your legal case is to speak to a Virginia pedestrian accident lawyer as soon as possible. We provide a FREE claim review for victims.
What Should I Do After Suffering Injuries in a Pedestrian Accident?
Consider these nine steps following pedestrian accident injuries:
1. Prioritize Your Health
Your health and safety must always come first. If you are able, dial 9-1-1 to report the collision and get emergency medical assistance to the scene. Do not worry about taking any other immediate action if you believe you may have significant injuries.
2. Accept Immediate Medical Treatment
Allow paramedics to evaluate and treat you at the scene and go to the hospital if they recommend doing so. Many common pedestrian accident injuries require immediate medical care. Follow all advice from your doctors and continue treatment as recommended.
3. Document the Scene if Possible
If you are physically able, or if someone can help you, take photos or videos at the scene. Take pictures of vehicle damage, skid marks, traffic signals, road conditions, and wide-angle views of the scene. This evidence could be the key to proving fault and liability. If you cannot, the police report should have photos and notes about the scene.
4. Gather Contact Information
If possible, get the driver’s name, phone number, license plate number, and insurance information. You can take pictures of their license and insurance card if necessary. If witnesses are present, ask for their contact information. Witness statements are often critical evidence in these cases.
If you cannot take these steps, the responding police officers will include this information in the accident report.
5. Get a Copy of the Police Report
When police arrive at the scene, they should file a police report based on your injuries and the accident that caused them. You will need to provide the responding officer with details about what happened. However, it is a good idea to avoid any emotional judgments or speculation about what happened.
Make sure you get a copy of this report.
6. Notify Your Insurance Company
It may not seem intuitive, but you should inform your car insurance provider about the accident as soon as possible. While the at-fault driver’s insurance should cover your injuries, your own policy may need to provide coverage if the driver is uninsured or underinsured.
7. Keep a Record About Your Accident and Injuries
As soon as practical, sit down and record your side of the story. This will be for your own use, so it can be in any form that works for you: written, video, or audio.
The purpose is to help you remember the details as time passes. You can also continue to update this documentation, including photos of your injuries and their effects.
8. Keep All Related Medical Bills, Receipts, and Financial Documents
Organize your medical bills, treatment plans, receipts for expenses, and financial records in folders or other easy-to-access filing. These documents are necessary to calculate a fair settlement range.
9. Contact an Attorney as Soon as Possible
A Virginia personal injury attorney will guide you through the complex claims process and seek compensation. They will handle communications with insurance companies, preserve evidence, and fight to secure maximum compensation for your injuries.
4 Things NOT to Do After a Pedestrian Accident Injury
Avoiding certain actions is just as important as taking the right steps after suffering injuries in a pedestrian accident. Here are four things to avoid:
1. Admitting Fault
Never admit you were at fault, even if you believe you may have caused or contributed to the accident. Don’t even apologize for the accident. Admitting fault can harm your case. Often, pedestrians who are unfamiliar with the applicable traffic laws may blame themselves when the liability falls on the driver.
2. Skipping Medical Treatment
Failing to continue your follow-up treatment could weaken your claim. The insurance company could argue that your injuries are not severe if you do not continue with the prescribed treatment plan.
3. Accepting an Early Settlement Offer
Insurance companies often offer lowball settlements in an attempt to minimize payouts. Talk to an attorney before signing anything. This ensures an offer adequately compensates you for your medical costs, lost income, and “pain and suffering” and inconvenience.
4. Discussing the Accident on Social Media
Avoid posting about the collision or your injuries online. No matter how secure you believe your account is, insurance adjusters could gain access. This could potentially jeopardize your claim.
Why is Hiring an Attorney a Key Part of Recovering from a Pedestrian Accident?
Generally, Va. Code § 8.01-243 gives you up to two years to file a lawsuit based on a pedestrian injury accident. However, there are reasons why you should act as soon as possible to hire an attorney to manage your case. They include:
- Preserving Evidence: Strong evidence is essential to proving liability and securing fair compensation. Delaying could result in lost or destroyed evidence, weakening your case.
- Protecting Your Rights: Insurance companies may attempt to shift blame or otherwise reduce or deny your case. An attorney will protect your rights and advocate for your best interests.
- Providing Peace of Mind: By hiring an attorney, you can focus on your recovery while they handle the legal and administrative aspects of your case. This peace of mind is invaluable during this challenging and frustrating time.
Talk to a Pedestrian Accident Team Near You Today
Suffering serious injuries in a pedestrian accident could leave you with concerns about your health, future well-being, and financial stability. Many victims must fight for the compensation they need and deserve. A Virginia car accident lawyer from our firm can handle this process while you heal.
In Virginia, contact the Parrish Law Firm, PLLC, for a FREE claim review as soon as possible after your accident injuries. Our pedestrian accident lawyer can guide you through the claims process and help you secure the compensation you need.
Call or Text 571-229-1800 or Complete a Free Case Evaluation form