It’s common sense that in a confrontation between a car and a pedestrian, the car will win. As a pedestrian, you are exposed and highly vulnerable to injuries that could be severe. Even if the car was going slowly, fractures to the legs and possibly a head injury if you hit the pavement are likely to result.
If you find yourself in this unfortunate situation, there are several steps you should take. Let’s go through them together.
Get Medical Help As Soon As Possible
This is the most important thing to do after a pedestrian accident. If you are seriously injured, you or someone else should call 9-1-1. In any accident, your health is the primary consideration. Hopefully, there will be a witness who can help you and gather evidence if you have to go to the hospital.
If you feel you are not hurt badly enough for immediate medical care, gathering evidence at the scene is important. You should, however, seek medical attention as soon as possible after collecting evidence and speaking to the police. You never know whether some injury you aren’t feeling at the time will show itself; for example, a back injury or a hairline bone fracture might not give you any discomfort until after the adrenaline from the incident has worn off.
Gather Evidence
Many types of evidence at the scene can bolster your case. Again, if you are able, do this yourself. Call the police and also use the evidence they collect at the scene to enhance your own.
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- Photographs: It is true that “a picture is worth a thousand words.” Almost everyone nowadays has a camera – their cell phones. You will want to try to get pictures of the following: the location of the car, damage to the car, where you were hit (for example, a crosswalk), signs posted around the area, traffic lights, and the condition of the roadway. Were there any skidmarks? Take the photos from different angles to get a complete picture of the area.
- Notes: Make notes of your observations of the scene. Write down every detail you observe. Was the roadway dry, wet or icy? Note the time of day and how busy the area was at the time you were hit. Was anyone else injured? Make note of any traffic cameras or security cameras at businesses or houses in the vicinity and ask them not to erase them or to give you a copy, if possible.
- Witness Statements: It is human nature to gather around an accident site, whether they are people wanting to help or just Looky-Loos. Ask if anyone saw what happened and jot down what they said. If you are short of getting their statements, be sure to get their contact information so you or your attorney can contact them.
- Police Report: Arrange to receive a copy of the police report. The officer’s observations carry a lot of weight in determining who was at fault in an accident. Generally, this will include basic information, such as where and when the accident occurred, who was involved, and further details. It will contain a lot of the information you note, but that doesn’t mean you shouldn’t collect your own. It is possible to present evidence that can override the officer’s opinion.
Consult A Personal Injury Attorney
No matter who was at fault, the driver’s insurance company will try to put the blame on you. As a pedestrian, you have certain legal responsibilities. If you failed to meet your basic duties, you could be held partially or totally at fault for the accident. Maryland, Virginia, and the District of Columbia follow the law of contributory negligence. This means that if you are found to have contributed to the accident, you will be unable to receive compensation for your injuries. Obvious examples are if you crossed against the light or if you were walking in the road when there was a sidewalk available to use.
How We Can Help You After A Pedestrian Accident
At Jennifer Porter Law, PLLC, our priority is to help you make a full and complete recovery from your injuries. We can give you the time and energy to heal by:
- Communicating with the insurance companies on your behalf
- Collecting evidence and finding witnesses
- Determine who was at fault for the accident and prove their negligence and liability for your compensation.
- Pursuing compensation for you either through a fair settlement or taking the case to court
- Protecting your rights and advocating for you through every step of the process
We will do everything in our power to help you get the compensation and justice you deserve. We will use all our experience to fight for you and not back down to penny-pinching insurance companies. If you have been injured in a pedestrian accident in Virginia, Maryland or DC, contact Jennifer Porter Law, PLLC at (571) 532-9070 or online for a confidential free consultation and case evaluation.
