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Proactive Steps to Take Immediately After a Pedestrian Accident

© by Behzad Ghaffarian for Unsplash+

Introduction

Pedestrian accidents are among the most traumatic incidents, often leaving victims with severe injuries and a long road to recovery. The chaos immediately following such an accident can be overwhelming, but taking specific actions can significantly impact your physical recovery and your ability to seek fair compensation.

This guide outlines proactive steps pedestrians should take after an accident to protect their rights and strengthen their personal injury claims. For residents of Manhattan Beach and Torrance, seeking guidance from trusted professionals like Gammill Law can provide essential support during this challenging time.

Step 1: Ensure Your Safety

Your safety and well-being should always be the top priority.

Move to a Safe Location

If possible, move out of traffic to avoid further harm. If you cannot move due to injuries, wait for emergency personnel to arrive.

Check for Injuries

Assess your condition and any visible injuries. Common injuries in pedestrian accidents include fractures, head trauma, and soft tissue damage.

Call 911

Request emergency medical assistance and ensure that the police are dispatched to the scene. A police report is an essential piece of evidence for your claim.

Step 2: Gather Information

While on the scene, collecting accurate and detailed information is critical.

Exchange Contact Details

Obtain the driver’s name, phone number, and insurance information. If there are witnesses, ask for their contact details as well.

Document the Scene

Take photos or videos of:

  • Your injuries.
  • The vehicle involved (including license plate and damage).
  • Traffic signs, signals, or conditions contributing to the accident.

Note Key Details

Write down details such as the time, location, weather, and road conditions while they’re fresh in your memory.

Step 3: Seek Medical Attention

Even if you feel fine initially, it’s essential to see a medical professional as soon as possible.

Immediate Evaluation

Prompt medical attention ensures that hidden injuries, such as internal bleeding or concussions, are diagnosed and treated.

Document Your Treatment

Keep records of:

  • Doctor visits.
  • Diagnostic tests (X-rays, MRIs, etc.).
  • Prescriptions and follow-up care.

Medical documentation links your injuries to the accident, providing crucial evidence for your personal injury claim.

Step 4: Report the Accident

Filing a report creates an official record of the incident.

Police Report

Ensure that the responding officers document the accident thoroughly. Request a copy of the report for your records.

Notify Your Insurance Company

If you have health or car insurance that covers pedestrian accidents, notify your insurer promptly.

Step 5: Avoid Common Mistakes

Certain actions can weaken your case, so it’s essential to avoid these pitfalls:

Don’t Admit Fault

Even casual remarks like “I didn’t see the car” can be used against you. Stick to factual descriptions of the events.

Avoid Speaking to the Driver’s Insurance Adjuster Alone

Insurance companies may attempt to minimize your claim by questioning your injuries or assigning you partial blame. Consult a lawyer before providing statements.

Refrain from Social Media Posts

Sharing details about the accident or your injuries online can harm your case, as insurers may use your posts against you.

Compensation in Pedestrian Accident Cases

Victims of pedestrian accidents are entitled to seek compensation for various damages, including:

1. Medical Expenses

This includes both immediate and long-term costs, such as hospital bills, rehabilitation, and assistive devices.

2. Lost Wages

If you’re unable to work due to your injuries, compensation can cover your lost income and reduced earning capacity.

3. Non-Economic Damages

These address intangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life.

Proving Fault in Pedestrian Accidents

Establishing fault is a critical aspect of any personal injury claim.

Key Evidence:

  • Traffic Laws: Was the driver violating traffic laws (e.g., speeding, running a red light)?
  • Witness Statements: Eyewitness accounts can corroborate your version of events.
  • Surveillance Footage: Traffic cameras or nearby security footage can provide visual evidence.

Shared Fault:

Under California’s comparative negligence law, you can recover damages even if you’re partially at fault. However, your compensation will be reduced by your percentage of fault.

The Role of Attorneys in Pedestrian Accident Cases

Navigating a personal injury claim alone can be overwhelming, especially when dealing with insurance companies and legal complexities. A personal injury attorney provides critical support by:

Investigating the Accident

Attorneys gather evidence, interview witnesses, and consult experts to build a strong case.

Negotiating with Insurers

Lawyers handle communication with insurance companies to secure fair compensation and counter lowball offers.

Representing You in Court

If a settlement isn’t reached, an attorney will advocate for your rights in court.

Gammill Law, serving Manhattan Beach and Torrance, has extensive experience representing pedestrian accident victims, ensuring they receive the compensation they deserve.

Preventing Future Pedestrian Accidents

While accidents aren’t always avoidable, taking precautions can reduce your risk.

Tips for Pedestrians:

  1. Use designated crosswalks and obey traffic signals.
  2. Stay alert and avoid distractions, such as texting or using headphones.
  3. Wear reflective clothing when walking at night.

Tips for Drivers:

  1. Always yield to pedestrians at crosswalks.
  2. Avoid speeding, especially in residential areas.
  3. Stay focused and avoid distractions like texting or eating while driving.

Real-World Scenarios

Crosswalk Collisions

A pedestrian crossing at a marked crosswalk is struck by a car that failed to yield. Evidence such as skid marks and traffic camera footage supports the victim’s claim.

Parking Lot Accidents

A driver reversing in a crowded parking lot hits a pedestrian. Witness testimonies and security camera footage help establish liability.

The Importance of Local Expertise

For residents of Manhattan Beach and Torrance, understanding local traffic patterns and accident hotspots can strengthen a personal injury case. Local attorneys are familiar with the specific challenges of the area, such as heavy foot traffic near beaches and busy intersections.

Conclusion

Pedestrian accidents can leave victims facing physical, emotional, and financial challenges. Taking proactive steps immediately after an accident is essential to protect your rights and build a strong personal injury claim.

If you’ve been injured in a pedestrian accident in Manhattan Beach or Torrance, Gammill Law provides expert legal support to guide you through the claims process. Their commitment to securing fair compensation allows you to focus on recovery while they handle the complexities of your case.