Getting in a car accident can be a frightening time, but getting in a car accident that involves a pedestrian can be even worse. Chances of personal injury can be greater, and getting medical attention is incredibly important. Though emotions may be running high, it is essential to take the right steps immediately following the accident. Once you’ve had time to assess the situation, you can determine if you have a pedestrian accident case. It all depends on who was at fault.
Determining Fault in Car Accidents
Similar to determining fault in accidents that only involve cars, fault in car and pedestrian accidents can have a significant impact on claims and cases. Fault can be trickier to establish for pedestrian accidents. Often, the driver can be found negligent because of laws that protect pedestrians regardless of if they were in a crosswalk. However, in some cases, both parties may be at fault for being partially negligent. For example, if the pedestrian was not paying attention and crossing illegally while the driver was not paying attention. Look into your state laws to see how negligence impacts your situation.
What to Do as a Pedestrian
If you are a pedestrian who has been struck, call the police. Make sure the driver stays at the scene and be sure to exchange insurance and contact information with him or her. If the driver was at fault for the accident, you may need to contact his or her insurance company afterward to file a claim. If you are injured or suspect you might be, seek medical attention immediately. Failing to do so can make it harder to link the accident to the medical costs you try to get covered in your claim.
What to Do as a Driver
If you have hit a pedestrian, avoid panicking and the urge to flee. A hit-and-run is a very serious crime, whereas the fault may not be yours in the initial accident. First, check if anyone needs medical attention and call the police. Stay on the scene until the police arrive and exchange general information with the other person. You shouldn’t discuss anything further that could turn into an admission of guilt.
Contacting a Lawyer
Accidents with pedestrians can be confusing and challenging situations to figure out with the insurance company. Contacting a lawyer, like a personal injury lawyer from Davis & Brusca, LLC, can be a good way to make sure you’re on the right path. A lawyer can inform you of state laws that affect your case and represent you if need be.