Call Now 202-960-4596
As a vulnerable road user as a pedestrian, you have just as many rights as motor vehicles on roadways. However, when pedestrian accidents occur, the pedestrian may feel pressured to admit fault, skip out on medical treatment, and not file a police report. However, you must avoid these mistakes to preserve your case should serious injuries occur.
Studies suggest that over 9,000 pedestrians died in non-traffic incidents in 2022, and over 7,500 died in traffic wrecks. If you or a loved one were involved in a pedestrian accident, these are the common mistakes you must avoid.
Even if you do not believe you are injured, you must seek medical attention. There are several reasons why. First and foremost, many internal injuries will not have immediate symptoms. For example, if you suffer a traumatic brain injury or even just a minor concussion, you may not realize the severity of your injury until hours or days after the incident.
By seeking medical care, you can rest assured knowing your health has been prioritized. You will also want to be checked out by a medical professional for your insurance claim. If there is no medical record of your injury, you cannot claim compensation for your needed care later. By having documentation, you are preserving your right to file a personal injury claim in the future.
While you await medical care, you may feel pressured by the at-fault driver not to contact the police or file a police report. However, this is a very bad idea. To claim with the insurance company, you need documentation from the police and a crash report.
Even if the driver provides their contact information, you must wait for the police to arrive to make the formal report. Law enforcement will also ensure you are safe and interview witnesses, which are important for future legal claims.
Unless the driver who hit you runs off, you need to get their contact information. Contact information includes name, phone number, and insurance information. It can also be helpful to document the make and model of the car involved.
Of course, if the driver is aggressive or placing you in an unsafe position, just wait until the police arrive before you engage with the driver. Instead, use that time to assess your injuries, take photos of the accident scene, and speak with witnesses.
Once these contact details have been secured, save them for your records, and do not engage with the driver. You may need to share them with the insurance adjuster or legal team but do not contact the driver alone.
Admissions of fault at the scene may make you feel better, but if you are seriously hurt and were not responsible for the accident, it can diminish your chances of compensation for damages.
Instead, let the legal process play out. Meet with an attorney who can help you establish liability and serve as your legal counsel against the at-fault party.
An experienced pedestrian accident lawyer will gather evidence, establish fault, and calculate the maximum compensation for your injuries.
But remember, if you admit fault or assume fault and it ends up on the official record, there may not be much a lawyer can do to compensate you.
We often think that setting our social media profiles to private means protecting what we share. However, anything you post on social media can be used against you in court. That means the at-fault motorist could use that against you in court if you post about the pedestrian accident.
For example, if you post on Facebook that you had been drinking before the accident, the opposing side could question your sobriety and place you liable for the accident. Or, if you post information about the accident that contradicts what you gave in your official statement to the police, that can also hurt your case. This can also include text messages sent on social media platforms, so be careful.
Do not speak about the accident with anyone except an experienced attorney working on your pedestrian accident case.
You should never agree to give a recorded statement to either the insurance party or the at-fault party. Similar to being arrested, where anything you say can be used against you, so can record statements. This is because you are less likely to be accurate in your retelling, you may feel pressured to give a statement that doesn’t reflect the truth, the insurance company may misuse your statement to minimize the compensation you receive, and any interference in the audio quality can cause questions of validity.
Before accepting a settlement, you should seek legal representation and establish an attorney-client relationship. One of the biggest mistakes people make in pedestrian accidents is taking the first settlement offer to make the accident disappear. Unfortunately, that doesn’t often leave victims with the financial resources they need to recover from severe injury.
With a skilled attorney, you will have the legal guidance needed to:
However, if you go without legal representation for your case, you risk not having a successful claim.
A pedestrian accident can leave you feeling overwhelmed. From the financial implications of medical care, battles with the insurance company, and the emotional strain this brings, you need a pedestrian accident lawyer who can help you.
At Regan Zambri Long, our lawyers will help with your pedestrian accident claim to ensure you get fair compensation for your injuries. We’ll work with you to ensure you do not make any common mistakes people often do and handle communications with the insurance adjusters.
Our personal injury attorneys will hold the negligent driver accountable, standing by your side in negotiations or representing you during legal proceedings.
To work with our skilled pedestrian attorneys, call Regan Zambri Long for a no-obligation, free consultation.
