California’s pedestrian accident rates have reached crisis levels. More pedestrians are killed in California than any other state, with a fatality rate 25% higher than the national average. And on San Francisco’s busy streets, a pedestrian accident can occur in a matter of seconds. The actions you take immediately following a pedestrian accident can have a significant impact on your ability to protect yourself and your legal rights.
In this post, we explain the steps pedestrians should take after being hit by a vehicle, common mistakes that could hurt your chances of fair compensation, and how working with a pedestrian accident attorney can protect your rights and maximize your recovery.
Immediate Actions Following A Pedestrian Accident
Seek Medical Attention
If you have been struck by a vehicle, call 911 right away. Many serious injuries, including damage to the brain and spinal cord, may not be immediately apparent because shock and adrenaline can mask pain. Even if you believe your injuries are minor, medical evaluation is necessary to ensure injuries are identified and treated before they worsen.
Seeking immediate medical care is also one of the most important steps you can take to protect your legal rights. Insurance companies often argue that delays in treatment indicate that the injury was not serious, or not caused by the accident. Medical records can establish a clear timeline and provide evidence that the collision directly caused your injuries, making it more difficult to dispute your claim.
Gather Information
If you are physically able, gather as much information as possible before leaving the scene. Evidence collected immediately after the accident will be invaluable to your claim, especially if stories conflict. Documentation can include:
- Photos of the accident scene, such as the vehicle that hit you, skid marks, weather conditions, traffic signals, and any visible injuries.
- Videos showing the surrounding area and traffic conditions.
- Contact information for any witnesses.
It’s also essential to gather information about the driver who hit you, including their name, insurance information, and contact information. Even if the driver flees the scene, details about the vehicle, partial or complete license plate numbers, or nearby surveillance cameras can help identify the person responsible for your injuries.
Keep Records of Your Injuries and Recovery
Though the accident happened in an instant, the effects will last far longer. It’s important to continue documenting your experience so a jury can understand how your injuries have impacted your life. Documentation can include:
- Treatment records: Keeping track of hospital visits, treatment plans, prescriptions, and physical therapy appointments can provide evidence for the seriousness of your injuries.
- Financial records: Medical bills, prescription costs, and lost wages due to inability to work can all help prove the financial strain you faced after your accident.
- Your recovery journey: Recording your recovery journey can help illustrate how the accident has affected your daily life, relationships, and ability to enjoy activities you once did.
While medical bills and treatment plans can document the financial and physical costs of your injuries, keeping a record of your recovery helps ensure that your claim reflects the full extent of your losses.
Common Mistakes to Avoid After a Pedestrian Accident
Following a pedestrian accident caused by negligence, it’s crucial to understand that the at-fault party and their representatives will search for ways to deflect blame. Insurance companies often begin investigating claims immediately, and anything you say may later be used to reduce or deny compensation. Avoiding these common mistakes will help you protect your rights and your claim to full compensation.
- Downplaying your injuries: Even if you feel fine following the accident, your injuries may be concealed by shock or adrenaline. Any early statements about your health may later be quoted out of context to argue that your injuries were minor.
- Saying “I’m sorry”: For many people, it’s instinctive to apologize after a frightening event, even if you were the one hit. However, insurance companies may argue that your words indicate you accepted some or all responsibility for the accident. Due to California’s comparative negligence rule, this may reduce your compensation.
- Accepting an early settlement: After an accident, it’s tempting to settle quickly and try to put the stressful event behind you. However, without knowing the full extent of your injuries and how they will impact your life over time, settling quickly can mean you lose the right to pursue all damages you may have been entitled to.
- Not contacting an attorney: To ensure you avoid each of these common mistakes and protect your right to file a claim, it’s critical to consult an experienced pedestrian accident attorney who can guide you through the legal process and pursue the compensation you deserve.
Contact a Top Pedestrian Accident Lawyer
Bostwick & Associates is one of the most experienced pedestrian and personal injury law firms in California. Located in the San Francisco Bay Area, our pedestrian accident lawyers understand the challenges that arrive after an accident and have the experience and resources necessary to thoroughly investigate your claim, gather critical evidence, and advocate for your full financial recovery.
If you or a loved one has been injured as a pedestrian, Bostwick & Associates is here to help. Our firm has recovered over $1 billion in verdicts and settlements for victims of personal injury and medical malpractice and is committed to helping accident victims pursue the compensation they deserve.
Contact Bostwick & Associates for a free consultation.