In case you are involved in a road accident resulting in bodily injury or property damage to a pedestrian, there are key steps you must take. From calling a pedestrian car accident lawyer to taking safety precautions, the following recommendations can reduce the health impacts and legal implications resulting from the collision.
First Things First: Safety
Most drivers get upset after an accident. While panicking is unavoidable, consider taking deep breaths to calm yourself. If the persons involved have been injured, look for a safe place to take them and do not try any treatment apart from emergency procedures like CPR. Ensure that everyone is out of danger of the incoming traffic. If you cannot move, ask for help from bystanders while awaiting medical help.
Take Contacts
If the people involved in the accident are not incapacitated, take their contact information and insurance details. You don’t need to get into too much detail with the pedestrian or their family members. Avoid admitting fault as you could risk a personal injury lawsuit. Involve a pedestrian car accident lawyer in all matters concerning the pedestrian’s insurance and lawyer.
Take Date-Stamped Photos
When taking photos, check for traffic and stop signs at the site. Capture any damaged property and all sustained injuries. Save videos that you can present to the police and your insurance company.
Find Eye Witnesses
Witnesses play an important role when a road accident is taken to court. Have personal details of independent witnesses. Documented testimonies are crucial when a pedestrian decides to flee because of negligence. If you have violated the driving laws, e.g., by driving under the influence, you could use a criminal defense attorney.
Determining Fault
After hitting a pedestrian, everyone wants to know who is at fault. This can only be established under the law of negligence. Whoever failed to take reasonable care at the point of the accident is considered negligent. It is still possible to have both the driver and pedestrian at fault, e.g. while crossing the street at the wrong spot and the driver moving at a higher speed than expected by law. Some states follow pure contributory negligence whereby the pedestrian’s action slightly caused the accident and they may not recover damages from the driver’s insurance. In other places, the comparative fault rule is used to determine who made a mistake. In this case, a pedestrian can recover part of the damage even if they somehow contributed to the accident.
The police officers have to take statements from the parties involved before conducting thorough investigations. This report is the final indicator of who was at fault. However, a car insurance company can dispute the findings and send an adjuster to the accident scene. The adjuster also needs o see the damages caused as soon as possible. It is advisable to hire a personal injury lawyer if you are afraid the insurance company might assign a higher percentage of fault.
If your car hits a pedestrian at a higher speed, a fatality can occur. Still, you could injure someone at a speed of 10mph. Regardless of the consequences, it is important to follow the right steps following the accident. Understand the rules of fault and how damages or personal injuries are compensated. But our first line of defense is to avoid these accidents at all costs.
Need the help of an attorney? Take a look at https://personalinjurynewyorkcity.com/legal-services/pedestrian-car-accident-lawyer-nyc/ today.
