Share: Share this article on Twitter Share this article on Facebook

What Should You Do After Being Involved in a Car Accident as a Pedestrian?

Written by™

What Should You Do After Being Involved in a Car Accident as a Pedestrian?

Written by™


Ask A Lawyer

Being involved in any car accident can be scary and dangerous, and especially so if you are involved in a car accident as a pedestrian. Injuries and fatalities in pedestrian accidents tend to be more severe, which is understandable when considering the difference in size, weight, and average velocity between a motor vehicle and a person.

Here are some steps you can take to protect yourself beforehand in the event of a pedestrian accident:

  • Use crosswalks. Using crosswalks is a good way to stay safe on the road. This doesn’t mean that you are not eligible for compensation if you are hit outside of a crosswalk; depending on the state where you live, your potential compensation may or may not change based on what you were doing when you were struck by the vehicle. However, it should be noted that if you are hit while using a crosswalk, there is rarely any debate as to the driver’s full liability for your damages.
  • Add Personal Injury Protection (PIP) or No-Fault Insurance to your current insurance policy. In many places, this is a mandatory type of insurance. While a policyholder can choose to waive it, waiving this type of insurance is highly unrecommended. In fact, many accident lawyers recommend purchasing as much PIP or No-Fault Insurance as possible in order to receive the most financial protection possible in the event of an accident with an uninsured or underinsured motorist, whether you are in your car, bicycle, or on foot.

There are several steps you can take after a pedestrian accident to protect yourself and your family.

  • Call 9-1-1 and seek medical care. It’s important to seek medical care after being involved in an accident, regardless of the severity of the injury. Some injuries may take days or even weeks to fully manifest symptoms, and waiting to seek medical care could impact the perceived legitimacy of your case further down the road.
  • Collect the other driver’s information. It’s important to get the other driver’s information, including their name, insurance, and license plate number. If you are unable to do so due to your injuries, try to have a family member or friend do so on your behalf.
  • Collect evidence from the scene of the accident. If you are able, try to collect photos, videos, as well as witness information and testimonies to document the scene of the accident and the events as they occurred. If you are unable to do so due to medical reasons, ask a family member or friend to visit the scene of the accident as soon as possible and do so on your behalf.
  • File a police report and request a copy. When the police arrive, be sure to describe the situation to them exactly as you experienced it. If you are unable to do so due to an injury, or the death of a family member, make sure to still file a report with the police department, and don’t forget to request a copy of the report for your records.
  • Seek legal counsel. The damages of a pedestrian accident tend to be severe and life-altering, physically, financially, and emotionally. There are a wide variety of damages to account for in these accidents and proving liability may be complex and stressful. It’s a good idea to request a free consultation with an experienced personal injury attorney to learn what your rights are and how to proceed with the case. It may be helpful to note that most reputable personal injury attorneys work on contingency, which means you won’t owe them any money unless they win your case.

You may be able to file a claim against your own insurance company in addition to the at-fault driver.

If you have been hit by a vehicle as a pedestrian and you live in a state which requires you to have PIP or No-Fault insurance which you have not waived, you can file a claim against your own insurance company in addition to filing a claim against the at-fault driver. Filing these two claims is a good idea, since medical bills are not the only damage you should be compensated for after an accident like this.

Other damages you may eligible to receive compensation for include:

  • Lost wages/impairment of earning capacity
  • Workers’ compensation if the accident occurred related to work duties
  • Life care expenses
  • Vocational rehabilitation
  • Pain and suffering
  • Loss of consortium and/or care and companionship in the event of the fatality of a loved one
  • Wrongful death
  • Funeral expenses

If you or a loved one were injured or killed in a pedestrian accident, seek legal counsel to learn more about your rights and potential for compensation.

Legal Disclaimer: This website is for informational purposes only. Use of this website does not constitute an attorney-client relationship. Information entered on this website is not confidential. This website has paid attorney advertising. Anyone choosing a lawyer must do their own independent research. By using this website, you agree to our additional Terms and Conditions and Privacy Policy.