According to the National Traffic Highway Safety Administration (https://www.nhtsa.gov/), in 2014, 4,884 people were killed and a reported 65,000 injuries occurred from pedestrian vehicle accidents.
While walking is great form of transportation with the added benefits of losing weight, improved mood and reduction in potential for chronic disease, walking can be dangerous at times.
If in the unfortunate incident of being hit by a car as a pedestrian, your primary claim will likely be against the driver of the vehicle.
Depending upon the circumstances, you may have a case against the city or municipality if streets were unsafe or traffic control devices were not working. If you as a pedestrian did not exercise reasonable care for your own safety by walking into traffic or not following traffic signals, this will likely have a bearing on your case.
In addition, the laws of each state vary in terms of comparative or contributory negligence.
If you have been hit by a car as a pedestrian, the following are
5 things to obtain before leaving the scene:
- Driver’s information.
Keep the driver at the scene even if you are not sure you have been injured. Obtain driver’s license, registration and vehicle make and model.
- Insurance information.
Obtain carrier and policy number from the driver.
- Witness information.
The accident you were in was likely witnessed by those around you. Before leaving the scene, be sure to obtain witness name and contact information.
- Police report.
Always call the police to take an official account of the incident even if it appears minor initially. Request a copy of the report.
Take pictures of where the accident happened, street signs or traffic signals, your injuries, the vehicle and driver and of witnesses.
Always seek medical treatment even if your injuries appear to be minor. If you do not seek medical attention right away and then miss any future appointments, an insurance adjuster will deduce that your injuries are not that significant, so it’s important to continue medical care.
Pedestrian auto accidents can be complicated and it’s always advisable to seek guidance from a trusted legal professional who can assist you in protecting your rights.
Contact Hinman and Peck, P.C. at (877) 462-9732 for a FREE consultation to see if we can help.