A pedestrian struck by an automobile deserves compensation for resulting injuries if he or she had the right of way. However, pedestrians do not always have the right of way. Similar to drivers, pedestrians have rights as well as the duty to provide due care to others in their vicinity. It really is possible for a pedestrian’s negligence to cause a nasty auto accident that results in multiple injuries or deaths. However, most auto accidents involving pedestrians are the fault of one or multiple drivers or possibly even several other parties. Let’s take a quick look at what pedestrians should do after being struck by an automobile.
Consider Your Duty as a Pedestrian
It is a mistake to assume you will be compensated simply because you were struck by a vehicle as a pedestrian. If you cross the road outside of a crosswalk or in an unmarked crosswalk, it is your legal duty to yield the right of way to automobiles. The law states pedestrians do not always have the right of way. The bottom line is pedestrians owe drivers a duty of care just as much as drivers owe the same duty to pedestrians. Do not fall into the trap of assuming you always have the right of way simply because you are a pedestrian. When in doubt, meet with our personal injury attorney for a thorough review of your unique case to determine if you had the right of way or if the driver in question acted in a negligent manner that sets the stage for a lucrative personal injury lawsuit.
Seek Medical Treatment as Soon as Possible
You will likely need medical attention in the immediate aftermath of this unfortunate incident. If necessary, dial 911 for emergency medical assistance. Be sure to get a copy of your medical report that details your injuries as well as the treatment provided after the accident. This documentation just might shift the scales of justice in your favor. Try to visit with a doctor within 72 hours of the accident so the insurance company or opposing counsel cannot successfully argue your injuries are unrelated to the accident in question.
Keep the Driver at the Scene and Contact the Police
Do not let the driver depart the accident scene. Write down his or her license plate number, name, address, phone number and auto insurance information. Take pictures of the accident scene as well as the damage to your body and the vehicle that collided with you. If any witnesses observed the accident, use your smartphone to record their statements.
Even if you feel fine after the collision, there is a good chance you are injured and do not know it as your adrenaline conceals the pain immediately after the accident. Do not let the negligent driver off the hook! Request that he or she remain onsite until the police arrive. Once the police arrive, make sure the responding officer(s) document the accident scene, interview eyewitnesses and create a formal accident report.
Find the Right Personal Injury Attorney
There is a common misconception that all personal injury attorneys are the same. The exact opposite is true. Some personal injury attorneys take on as many cases as possible in an effort to maximize their bottom line. Others maintain a manageable case load to ensure each client has a fair chance at a just result. Our auto accident attorneys are here to review the subtleties of your accident down to the smallest of details. We will assess your case to determine if you had the right of way, build the best possible legal defense and pursue justice on your behalf. This is the in-depth legal support every pedestrian deserves after being struck by an automobile.