If you’ve ever been involved in a pedestrian accident—or know someone who has—you understand how overwhelming it can be. One moment, you’re crossing the street or walking on a sidewalk, and the next, you’re dealing with injuries, medical bills, and a whole lot of stress. Getting fair compensation isn’t just about hiring a lawyer; it’s about knowing the right legal steps to take. So, let’s break it down in a way that makes sense, even if you’ve never dealt with legal matters before.
Prioritize Medical Care
The first thing—before worrying about legalities—is getting medical attention. Even if you feel fine, some injuries don’t show symptoms right away. Internal bleeding, concussions, and spinal injuries might not be obvious in the first few hours. Plus, medical records play a huge role in proving your claim later on. If you wait too long to see a doctor, insurance companies might argue that your injuries aren’t related to the accident.
Gather Evidence at the Scene
If you’re physically able, collect as much evidence as possible. Take pictures of the accident scene, your injuries, the vehicle involved, and any traffic signals or signs. Get the driver’s contact and insurance information. Also, talk to any witnesses and ask for their contact details—eyewitness accounts can be incredibly valuable when proving fault. If you can’t do this yourself, ask a friend or bystander to help.
File a Police Report
A police report is an official document that can help your case. It includes key details, such as who was involved, witness statements, and sometimes even the officer’s opinion on fault. Without this report, it’s just your word against the driver’s. Call 911 immediately after the accident and ensure that the responding officer documents everything.
Contact a Pedestrian Accident Lawyer
This is where things get serious. A pedestrian accident lawyer knows how to deal with insurance companies and fight for the compensation you deserve. They understand liability laws, negotiate settlements, and take your case to court if needed. Many personal injury lawyers work on a contingency fee basis, meaning you don’t pay unless you win your case. So, there’s no downside to at least having a consultation.
Notify the Driver’s Insurance Company
You or your lawyer will need to file a claim with the driver’s insurance company. Be careful here—insurance adjusters might try to get you to settle quickly for a low amount. Don’t accept the first offer. In most cases, initial offers are way below what you’re actually entitled to. Your lawyer can help you determine a fair settlement amount that covers medical bills, lost wages, pain and suffering, and future medical expenses.
Determine Liability
Liability in pedestrian accidents isn’t always straightforward. While drivers have a duty to yield to pedestrians in crosswalks, other factors—like jaywalking, poor road conditions, or distracted walking—can complicate things. Your lawyer will help determine who’s at fault based on local traffic laws, surveillance footage, and witness testimony. Even if you were partially at fault, some states have comparative negligence laws that allow you to recover compensation based on the driver’s percentage of fault.
Negotiate or File a Lawsuit
Most pedestrian accident claims are settled outside of court. However, if the insurance company refuses to offer a fair settlement, your lawyer might recommend filing a lawsuit. This step involves going through legal procedures like discovery (where both sides exchange evidence), depositions, and possibly a trial. While court cases take longer, they can result in higher compensation if you have strong evidence.
Receive Compensation
Once a settlement is reached or a court judgment is made, you’ll receive your compensation. This payout covers medical bills, rehabilitation costs, lost wages, and other damages. If you’re awarded a large settlement, your lawyer can also help you set up a structured payment plan to manage your finances effectively.
Final Thoughts
Navigating a pedestrian accident claim isn’t easy, but with the right approach, you can maximize your compensation. Always prioritize medical care, document everything, and consult a lawyer as soon as possible. Insurance companies might try to lowball you, but with a solid case and legal representation, you stand a much better chance of getting the compensation you truly deserve. If you’ve been injured as a pedestrian, don’t hesitate—take action now and protect your rights.
