Being hit by a car as a pedestrian is a traumatic experience that can result in serious injuries. Pedestrian accidents happen quickly, and it can be difficult to know what to do in the aftermath. However, taking the right steps immediately following an accident can help ensure your safety, protect your legal rights, and set the stage for a successful claim if needed.

If you are a pedestrian involved in a car accident in Pennsylvania, there are a few important actions you should take to safeguard your health and future legal standing.

1. Ensure Your Safety and Seek Medical Attention

The first thing you should do after being hit by a car is to ensure that you are safe. If possible, move to a safe location away from traffic to prevent further injury. If you are unable to move due to injury, try to stay calm and wait for help to arrive.

In any pedestrian accident, it’s crucial to seek medical attention immediately, even if you don’t feel severely injured at first. Many injuries, such as internal trauma or whiplash, may not be immediately obvious. Emergency medical personnel will assess your condition and take you to a hospital if necessary.

Make sure to document any visible injuries and get a thorough examination. Medical records from this initial treatment will be vital in any potential legal case down the line.

2. Call 911 and Report the Accident

After ensuring your safety, call 911 to report the accident. It’s essential that law enforcement and emergency responders are notified so that they can investigate the scene and ensure medical care is provided. The police will create an official report that includes important details such as the location of the accident, the parties involved, and the circumstances. This police report will be valuable evidence should you need to file an insurance claim or lawsuit.

Be sure to give the officers accurate and detailed information about the incident, but avoid making statements that could be misinterpreted as admitting fault. Stick to the facts of the accident and refrain from speculating about what happened until you have more information.

3. Gather Evidence at the Scene

If you are physically able, try to gather as much evidence as possible at the scene of the accident. This includes taking photos of the accident site, your injuries, the vehicle involved, and any surrounding factors that might be relevant, such as traffic signs, road conditions, or weather.

Additionally, collect the contact information of the driver who hit you, as well as any witnesses to the accident. Witness statements can be vital in clarifying what happened and supporting your version of events.

If there are any security cameras in the area, make a note of them and inform the authorities. Video footage can provide an invaluable perspective on the accident, especially in situations where liability is in dispute.

4. Avoid Discussing Fault at the Scene

It’s important to remember that at the scene of the accident, you should never discuss fault or liability with the driver or any other parties. In the heat of the moment, emotions can run high, and conversations can be misinterpreted. Focus on gathering information and ensuring your safety.

In Pennsylvania, pedestrian accidents are often governed by the state’s comparative negligence laws. This means that if both the pedestrian and the driver share fault, the compensation a pedestrian receives can be reduced according to their percentage of responsibility. To protect your claim, avoid admitting fault or making any statements that might suggest you were partly responsible for the accident.

5. Notify Your Insurance Company

Even if you’re not sure whether the accident will lead to an insurance claim or lawsuit, it’s important to notify your insurance company. If you have auto insurance, your policy may include coverage for accidents involving pedestrians, even if you were not in a vehicle at the time of the incident. Pennsylvania is a no-fault state, which means that your own insurance company may cover certain medical costs, regardless of who was at fault.

Be honest with your insurer, but again, avoid speculating about the details of the accident or admitting fault. Your insurance company will likely ask you for a police report, medical records, and any evidence you gathered.

6. Keep Detailed Records of Your Medical Treatment

Once you receive medical treatment, make sure to keep detailed records of your care. This includes doctor’s visits, treatments, medications, physical therapy, and any other medical services related to your injuries. These records will be essential for proving the extent of your injuries, the treatments you’ve received, and how the accident has affected your daily life.

Also, document any costs incurred as a result of the accident, including hospital bills, prescription medications, transportation to medical appointments, and lost wages. These records will be useful in calculating the total damages for your claim.

7. Contact a Personal Injury Lawyer

If you’ve been hit by a car as a pedestrian, it’s important to contact an experienced personal injury lawyer. Pedestrian accidents often involve complicated legal issues, including determining fault and navigating insurance claims. A personal injury attorney can help protect your rights, communicate with insurance companies on your behalf, and gather the evidence needed to build a strong case.

Your lawyer will be able to advise you on the best course of action based on your specific situation. They can help you understand your options and guide you through the process of filing a claim or lawsuit if necessary.

8. Understand the Legal Process for Pedestrian Accidents in Pennsylvania

In Pennsylvania, pedestrians have legal rights if they are injured due to someone else’s negligence. The state’s laws allow pedestrians to file personal injury claims against drivers who cause accidents. The legal process may involve filing an insurance claim with the at-fault driver’s insurance company, but in some cases, a lawsuit may be necessary if an agreement cannot be reached.

Keep in mind that Pennsylvania follows a comparative negligence system. This means that even if you share some responsibility for the accident, you may still be eligible for compensation. However, if you are found to be more than 50% at fault, you may not be able to recover damages.

9. Be Aware of Time Limits for Filing a Claim

In Pennsylvania, there is a statute of limitations for filing personal injury claims. In most pedestrian accident cases, you have two years from the date of the accident to file a lawsuit. If you fail to file within this time frame, you may lose your right to seek compensation. This makes it essential to act quickly and consult a lawyer as soon as possible.

Conclusion

Being hit by a car as a pedestrian can be a life-changing experience, but taking the right steps can help ensure that you receive the compensation you deserve. From seeking immediate medical attention to gathering evidence and consulting an attorney, each action you take can impact the outcome of your case.

At Kingbird Legal, we are committed to helping pedestrians who have been injured in accidents. Our team of experienced personal injury lawyers understands the complexities of pedestrian accident cases and is here to help you navigate the legal process. If you’ve been injured in a pedestrian accident in Pennsylvania, contact us today to schedule a consultation. Let us help you fight for the justice and compensation you deserve.