Any accident can be a scary time, but accidents involving pedestrians can be even more so. A pedestrian can suffer more injuries than those harmed in vehicle accidents because they have no protection around them. Whether you are on a bike or walking on a sidewalk next to the road, if you are struck by a car, you have a pedestrian accident case on your hands. Knowing what to do next with the help of a personal injury lawyer, like from Barry P. Goldberg, and how to handle your situation can make the road ahead easier.
Right After the Accident
Call the police immediately. Some states require a police report to file any claim, and you’ll want the police there to take statements and make a judgement on what happened, especially if it is not your fault. Gather evidence for later use in your claim, such as witness statements and pictures of the accident scene, and find out when you can get a copy of the police report. Exchange insurance and contact information with the driver so that you can get in touch with their insurance if necessary. Finally, get checked out by a doctor, even if you don’t think you are seriously hurt. Injuries can arise a few days later, and you want to be able to link your medical bills to the accident for insurance purposes.
Fault and negligence play major roles in any accident situation. Fault can be straightforward or rather complex and difficult to discern. Some states have laws that allow fault to be split between two parties if each was somewhat responsible for causing the accident. When considering fault, identify what the driver was doing prior to the accident, as well as your own actions. If you believe you were not at fault, you can make a claim with the driver’s insurance by proving that they were negligent and caused your injuries.
When you make a claim, the insurance company will want to talk to you. If you speak to them, stick to the facts. Don’t give them your opinion or say what you think happened. Insurance claims adjusters are usually looking for a weak spot in your story that gives them wiggle room not to pay you. You can always choose to wait to speak to insurance until you have legal advice on the matter.
Being the victim of a pedestrian accident comes with stress and physical recovery. Handling insurance and the claim can be incredibly difficult, but a lawyer can help you through the process. Make an appointment with one to discuss your options if you’re feeling overwhelmed or unsure of the situation.