Pedestrians have certain rights after a crash, especially when a driver was clearly at fault for the incident at issue. They may have the right to file an insurance claim or to take legal action against the driver who hit them.
Many injured pedestrians take for granted that the law is on their side and that securing compensation should be a simple matter. However, the people responsible for pedestrian collisions and the companies that insure those drivers are often eager to avoid liability and deny injured pedestrians the financial compensation they deserve.
Injured pedestrians need to act promptly after a crash to protect themselves and their rights, including the right to hold the driver at fault financially accountable. What steps can help pedestrians to pursue compensation after a crash?
1. Call 911 for immediate support
Pedestrians can sustain life-threatening injuries in a crash. They may need immediate support. They also do not have a vehicle to protect them from aggressive, angry drivers. Calling emergency services is an important first step after a car-pedestrian crash.
2. Gather evidence from the scene
Evidence about the crash can establish fault. Contact information for witnesses, photographs of the crash scene and details about the driver all help ensure that an injured pedestrian can pursue the compensation they need after a collision.
3. File a police report
Ensuring there is an official record of the incident is critical for a pedestrian’s protection. Even if a driver promises to cover costs directly, failing to file a police report could make it all but impossible to hold them to their word. Police reports help validate that an incident occurred and serve as evidence that the driver was likely at fault for the crash. Any crash with injuries requires a formal police report under Texas law.
4. Undergo medical evaluation
Some people who get knocked down by vehicles don’t notice injuries immediately. They may have internal bleeding or a brain injury that takes time to produce symptoms. When medical evaluations occur shortly after a pedestrian crash and treatment begins promptly, there is less opportunity for the driver at fault or their insurance company to claim that some other incident was the true cause of the pedestrian’s injuries.
5. Take a break from social media
Pictures of injuries and requests for assistance on social media may receive plenty of attention after a pedestrian crash. However, any information shared online could end up used as evidence about the claim in the future. Injured pedestrians may need to stay off social media entirely until they resolve the matter.
They also need to talk to a lawyer, especially if a driver’s insurance company wants them to provide a recorded statement. An attorney can help injured pedestrians avoid common errors when communicating with insurance companies.
Knowing how to handle a pedestrian crash can protect people from lasting financial devastation. Pedestrians who know how to respond to a traffic incident put themselves in the best position possible to hold unsafe drivers accountable.