Knowing what to do after a pedestrian accident can increase the probability of securing a favorable claim outcome. Take steps at the accident scene to preserve your safety and gather evidence.
Then connect with an Arlington pedestrian accident lawyer who can help you avoid common mistakes, offer protection from insurance companies, and manage all legalities of your claim.
Prioritize Safety After a Pedestrian Accident
You may have no choice but to remain still and wait for emergency help to arrive after a pedestrian accident. Unfortunately, pedestrian accident victims often sustain serious injuries. If you do escape with seemingly minor or moderate injuries, first move yourself to a safe area, out of the path of traffic.
Once you leave the scene, go to a doctor. Some injuries aren’t immediately obvious. Symptoms may only appear after the adrenaline leaves your system. Protect your safety and your claim by getting your injuries diagnosed and treated right away.
Call Police and Collect Contact Information
Call the police so they can come to the scene and make an official accident report. Collect contact and insurance information from the other parties involved in the crash. It’s a good idea to take photos of driver’s licenses and insurance documents.
If there are accident witnesses, take down their contact details as well. Ask them to email or text you what they saw as soon as possible, perhaps even right at the scene and before their memories fade.
Gather Accident Scene Evidence
As long as you can do so safely, collect evidence at the scene of the crash. What you collect, along with evidence an attorney gathers from a pedestrian accident investigation, can strengthen your claim. Take photos of the crash site, documenting traffic patterns and signals, road and weather conditions, the vehicles involved, and any other relevant information.
Note the locations of nearby mounted cameras. If business-owned security cameras could have recorded the accident, ask the proprietor to save the footage. Video evidence is often a powerful tool in injury claims.
What Not to Do After a Pedestrian Accident
It’s also important to know what not to do after a pedestrian accident. Don’t post about your accident on social media. In fact, be careful about posting at all. The other side could use your posts or pictures to challenge your claims of how your injuries have affected your quality of life.
Watch what you say to coworkers or friends about the crash and be mindful of your activities. Insurance adjusters may reach out to them to “clarify” how your injuries have affected your working capacity and ability to manage daily needs, and the extent to which your injury claim matches how you are moving through life.
Why Avoiding Fault Matters
Avoid admitting liability in pedestrian accidents or saying anything that could be twisted into an admission of fault. For example, if you say, “I didn’t see you coming,” the other side could use that comment to argue you weren’t paying attention to your surroundings.
Per Chapter 33 of the Texas Civil Practice and Remedies Code, victims can only seek compensation if they are 50% or less to blame for the accident. Those holding a smaller percentage of fault have compensation reduced proportionally. You can see why the other side will work to elevate your degree of fault.
Protect Yourself When Dealing With Insurance Companies
The at-fault party’s insurance company may approach you quickly with a settlement offer. This is a common strategy. The goal is to get you to accept what they know is a too-low offer before you recognize the true value of your claim. Don’t accept their offers without speaking to an attorney.
Representatives may ask you for a statement. Don’t give one without guidance from your lawyer. When you report the accident to your own insurance company, keep your comments limited to the basic facts of the accident. Don’t minimize your injuries. An attorney can help you respond to follow-up questions.
Connect With an Attorney Soon After a Pedestrian Accident
Connecting with an attorney quickly is one of the smartest things to do after a pedestrian accident. An attorney can give you immediate guidance, take over communication with insurance companies, and protect you from making mistakes that undermine your claim.
An experienced team will get to work investigating your accident and compiling convincing evidence to build a strong claim. We take care of all legalities. With a fast partnership, you can count on us to file your accident claim on time. The filing statute of limitations is two years, per Chapter 16 of the Civil Practice and Remedies Code.
You must meet the filing deadline to preserve your right to fight for justice at trial. An attorney will work to settle your claim through negotiations. If the other side doesn’t cooperate, you can take the case before a judge, provided you’ve filed on time. Still reach out if you think you may have missed the two-year mark. Sometimes exceptions apply.
Take Steps to Support Your Demand for Compensation
Your attorney can inform you of the recoverable damages after a car accident. Keep careful records of your medical bills, lost wages, and other expenses incurred by the accident. Stay in compliance with your medical treatment plan. Ignoring doctors’ orders can worsen your condition and open you up to liability.
The at-fault party can blame your debilitation on your non-compliance, potentially increasing your percentage of fault. Maintain a journal describing your pain, the emotional effects of the accident, and the impact of your injuries on your life. Your daily accounts can serve as a powerful testimony after a pedestrian accident.
Get Help From The Texas Law Dog
You can trust that The Texas Law Dog knows what to do after a pedestrian accident. We know what it takes to get victims justice, and will put our team’s collective energy, experience, and skill into your claim.
An Arlington pedestrian accident attorney can provide insightful guidance and compassionate support while working to bring your claim to the most favorable resolution available.
