If a driver hits a pedestrian on the highway, it is easier to assume that the driver is at fault for the accident. However, negligent passengers on the road can make it challenging to avoid pedestrian accidents. Consequently, drivers will veer off the road and may hit a pedestrian or oncoming driver.
If the pedestrian causes a car accident, they will be held liable for the damages incurred by the driver. The driver will use a pedestrian accident lawyer to pursue damages. A personal injury law firm will pursue the medical treatment expenses incurred, property damage to the vehicle, and any lost wages.
What do you do after a pedestrian accident? Here are the steps to follow:
Steps to follow after being involved in a pedestrian accident
Pedestrian accidents are some of the scariest experiences you can have as a motorist. Accidents happen, and it’s essential to know what to do if you are involved in a pedestrian accident. The steps you take for the next few moments will be crucial in the long run.
Be calm and check for injuries
Being calm is essential to assess if you have any injuries or whether the pedestrian was injured. If you have an injured pedestrian, determine whether or not the injuries are major or minor. If they had minor injuries, getting them away from the road would be best to prevent further accidents at the scene.
Call for medical help
In most cases, an accident involving a pedestrian is severe, with serious injuries; in some cases, we have pedestrian fatalities. The first step after a car-pedestrian accident is contacting emergency services. A pedestrian struck by a car is likely to experience internal damage, concussions, or broken bones.
Bruises, scrapes, and cuts are rarely life-threatening and can be quickly treated. Soft tissue injuries, however, require swift medical attention. Quick responses by medical personnel can help save lives.
Inform the police
Likely, witnesses have already called the police. However, if no one has done so, call the police immediately to have an official police report on the car accident. Police reports are essential in civil and criminal cases. In a personal injury lawsuit, the police report filed will be used in the decision-making of the court case. The police report will also be critical when it comes to your car insurance company, which will have to pay for the medical bills of the injured pedestrian.
At this point, it would be advisable to contact an experienced personal injury attorney who can discuss your pedestrian accident case and explain your legal rights after being involved in the accident. Do not own any liabilities, as most pedestrian car accidents are caused by pedestrian negligence in a marked crosswalk or not observing a traffic signal.
Collect usable evidence at the accident scene and determine who is at fault
As soon as possible after the accident, take pictures of the scene and gather as much information as possible. Take note of any road signs nearby that could be used as potential evidence to prove negligence on the pedestrian’s part and safeguard from legal responsibility. It is also essential to take the witnesses’ names and contact information at the scene where the accident occurred.
The tricky part about traffic accidents is determining who is at fault. You need to establish what you were doing before the accident and what the pedestrian did before the car accident. Were you driving where you were allowed to drive? Were you speeding and paying close attention to the road? If you were doing everything right and following the traffic laws, you would be at no fault.
In most car accidents, where the pedestrian is at fault, they are not using the designated crosswalk or they are not following the traffic rules. Where a driver is liable, either through distracted driving or leading to pedestrian deaths, they can be sued in a court of law. In a no-fault state, injured pedestrians’ medical treatment is covered by PIP insurance.
Contact your car accident insurance company
Key insurance coverage and liability issues must be addressed when you hit a pedestrian. While in most pedestrian accidents, drivers’ negligence is the most common cause of the accident. A driver’s liability, however, is not always absolute.
If you have car insurance, liability insurance covers injuries or property damage. It will also cover the pain and suffering caused to the victim or non-economic damage.
Contact personal injury lawyers
You must find personal injury lawyers whenever you are involved in a pedestrian accident. The attorneys will help you determine the details of your case and fight for your rights in court. The attorney will also guide you on how to seek compensation for the damage the pedestrian caused to your vehicle.
In instances where you are comparatively negligent, a driver can recover compensation partially for the accident.
How to prove liability in a car-pedestrian accident claim
To establish liability in pedestrian accidents, the car-pedestrian attorney will collect evidence to support that the pedestrian was responsible for the accident. The evidence may include the following:
Photos or videos
Surveillance cameras near cities can help establish what caused the accident and who is at fault. Photos taken at the accident scene can also be used as evidence.
Statements from eyewitnesses
Eyewitnesses are a valuable source of information in a driver’s case. Witnesses provide written and verbal testimonies on the possible causes of the accident.
Contact Our law firm to Discuss Your Case with a Pedestrian Accident Attorney
Pittsburgh Medical Malpractice Attorneys understand the best approach to seeking compensation after an accident. Filing a claim for medical expenses is not something you would want to go through, but when you are involved in a car accident and pedestrians are injured, you will want a trustworthy partner on your side.
It is always wise to consult with car accident attorneys who are well conversant with their legal duty to ensure all facts are in order and seek appropriate compensation. If you are involved in a pedestrian accident, please call Pittsburgh Medical Malpractice Attorneys at (412) 291-9377 for a free consultation and legal advice.