Pedestrian Rights in a Road Accident: Useful Tips to Follow
By PAGE Editor
Pedestrian accidents are unfortunately all too common. If you're ever involved in one, it's important to know what your rights are and what you should do to protect yourself. In this article, you'll learn about the steps you need to take after being hit by a car as a pedestrian.
Check Yourself For Injuries
You need to get medical treatment right after you've suffered an injury from an accident. It's not only good for your well-being, but the lawyers behind https://cainlaw-okc.com/edmond/pedestrian-accident-attorney/ know how important it is to showcase the doctor's report when trying to get compensated. For these two reasons, you need to find medical aid right away.
If you don't have any visible injuries, it doesn't mean that you're not hurt. There are many internal injuries that might not be obvious right away but can cause a lot of problems later on. So, if you were in an accident, go to the hospital and get checked out by a doctor.
Determine Who Was At Fault
It's important to call the police, as they're the best chance to determine who was at fault in the car accident involving pedestrians. An official report can help insurance companies make a decision about who will pay for damages and medical bills.
If the driver was at fault, their insurance company would be responsible. If the pedestrian was at fault, either their own insurance company would be responsible or they may not have any coverage.
It's important to know that determining who is at fault isn't always simple. The police will likely interview both parties involved as well as any witnesses to try and piece together what happened.
In some cases, both the driver and pedestrian may be found at fault. For example, if the pedestrian darted out into traffic without looking, but the driver was speeding and couldn't stop in time, both parties may share the blame.
Document The Scene
If you're able to, take some pictures and videos of the scene. If not, make sure to get the contact information of any witnesses. This will be incredibly helpful when it comes time to file a police report and insurance claim.
Even if the police come out, it's important to have your own archive of the accident. Get all the smaller details and take photos from every angle. This will help to solidify your case and get you the best possible outcome.
Take The Drivers' Information
You should get all the possible information from the driver who was involved in the road accidents. These are the following things.
Name
Last name
Insurance information
License plate
Contact information
The make, model, and color of the car
If the driver tries to leave the scene without exchanging information, you should try to get their license plate number. You can ask bystanders or look for security cameras that might have recorded the accident. Once you have this information, you can file a police report.
Get Witnesses
It's very likely that there will be witnesses to the accident. This is especially true if it happens in a busy area. Talk to anyone who saw what happened and get their contact information. If there are no witnesses, look for any security cameras that might have captured the incident. The footage could be vital to your case.
Their credibility can help to win your case. The insurance company will try to discredit them but having multiple people corroborate your story strengthens your claim. Furthermore, their testimony can help to prove that the driver was at fault and that you didn't do anything to contribute to the accident.
Find A Good Attorney
A lawyer can be your guide throughout the entire process and will make sure you are fairly compensated for your injuries. You should always consult with an attorney after being involved in a pedestrian accident, even if you feel like the case is clear-cut. The other driver’s insurance company will have their own lawyers working to minimize the amount of money they have to pay out, so it’s important that you level the playing field by having your own legal representation.
Request Compensation
Once all is determined, you can contact your insurance company and begin requesting compensation. The first step is to notify your insurer that an accident has occurred. You will likely have to provide them with a police report as well as any other documentation you gathered at the scene. Your insurance company will then launch its own investigation and determine who was at fault for the accident.
Pedestrians are at a much higher risk of getting injured so if you were not at fault, your insurer should cover the cost of your medical bills, property damage, and lost wages (if any). On the other hand, if you were partly at fault, it may be reduced by an amount equal to your degree of fault.
When you've been injured walking down the street, you need to first check for injuries and determine who's at fault for the incident. Make sure to document the scene yourself and take all the information you need from the other party. Gather witnesses and find a good attorney to help you get the paperwork done. Once all is determined, file an injury claim to get compensated. Good luck in court!
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