Being injured as a pedestrian in an accident can be a frightening and overwhelming experience. Determining the best course of action and protecting your rights requires some key initial steps. Thoughtfully moving forward after such a traumatic event sets the stage for addressing both health and legal needs.
Adhering to these recommended steps supports the claims process so recovery can be potentially pursued fairly later on. Knowing what to do can make a difficult situation a little easier to navigate. A North Charleston car accident lawyer can help you with the steps to take.
First, Seek Medical Help Even if You Don’t Have Noticeable Injuries
If you or a loved one has been injured as a pedestrian by a vehicle, you may still be dealing with physical and emotional pain. Legal consequences like filing a claim or lawsuit may also feel daunting during an already distressing time. An experienced personal injury lawyer in North Charleston can advise you of your options and rights while lifting burdens so you can focus on healing.
Seeking prompt medical attention should be your first priority, even if you believe you have not sustained any injuries. Adrenaline and shock can often mask pain in the immediate aftermath of an accident. A medical evaluation can identify injuries that may not be apparent. It also documents your condition following the incident.
You may wish to go to the emergency room or visit an urgent care clinic or your doctor. Describe all symptoms you may be experiencing, even subtle ones. Answering questions accurately supports an accurate diagnosis, and having a record of your visit can be helpful if injuries emerge later.
Follow all medical advice provided, which may include prescriptions, referrals for specialists, or instructions for care and follow-up appointments. This shows you are actively seeking treatment for your injuries. Notify your health insurer of the accident and inquire if prior authorization is needed for procedures.
Document the Scene if Possible
When you can safely do so, document the accident scene with photos or video using your smartphone. Capture images of the vehicles involved, road conditions, traffic signs or signals, and any other relevant factors. These could help show potential causes of the crash or dangerous conditions.
Write down a description of how the accident happened while your memory is fresh. Include details like the vehicle’s direction of travel, speed, and circumstances leading up to the collision. Documenting what happened can help refresh your memory later if needed.
Also, get contact and insurance information from the driver, if possible, as well as the names and contact info of any witnesses. Police should be called to file an official report, but having this documentation yourself is also helpful. If you cannot safely obtain the driver’s details or talk to witnesses at the scene, try to note identifying details like the license plate, which can help authorities locate them later.
Make Sure You Get a Copy of Your Police Report
Even if documents, photos, and witness statements were already gathered, contacting authorities for an official accident report is still recommended. The responding officer may investigate things you were unable to do at the scene. Police reports can be used to verify facts later on if disputes arise.
An official accident report should be meticulously detailed, with information on all involved parties as well as a diagram of the crash scene, photos, witness statements, and more. Request a copy of this report for your personal records rather than relying solely on one provided by other parties. Having your own copy ensures you can reference it at any time.
Review the information contained in the police report to ensure it reflects your recollection of the incident. Immediately contact the police department to amend the report if you notice significant factual discrepancies or missing information that would be relevant to determining responsibility. Inaccuracies in the official record could negatively impact your ability to pursue fair compensation later.
If Possible, Get Contact and Insurance Information
If you are able to safely interact with the driver after the crash, request their full name, address, phone number, and insurance details. Obtain the name of their insurer, policy number, and contact information as well. Document the vehicle make, model, year, license plate, and VIN if visible.
Note the badge number of any police officer who responds and takes the report. This information facilitates obtaining copies later. Also, request contact information and statements from any witnesses on the scene willing to provide them.
If the at-fault motorist is uncooperative in providing insurance verification or other details, report this to authorities. An officer can help determine the validity of any documentation offered and locate identifying particulars like VIN numbers. Having police assistance getting this information promptly can facilitate the claims process and prevent delays in accessing benefits to which you may be entitled.
Common Damages to Claim as a Pedestrian
As an injured pedestrian, the at-fault driver’s liability coverage owes you compensation for more than just immediate medical bills. Wage loss from missing work, reduced future earning capacity, and costs of household help can also be claimed. Pain, emotional distress from trauma, loss of enjoyment in life’s activities, and permanent disability coverage may be warranted as well.
The negligent motorist is responsible for all harm directly resulting from the crash. This means not just the initial collision injuries but follow-up treatments, physical therapy costs, assistive devices like wheelchairs or crutches, and medication expenses. Carefully track all accident-related costs over time to substantiate a strong damages demand letter.
Work closely with your doctors to understand the prognosis. Permanent limitations restricting mobility or agility could merit compensation through a settlement or jury verdict. Be very detailed when describing both physical constraints now and projected long-term impacts over your lifetime.
Work with a South Carolina Car Accident Attorney
Shelly Leeke Law Firm handles pedestrian accident cases, and our pedestrian accident lawyers can thoroughly investigate how the crash occurred, identify all liable parties, and aggressively pursue potential maximum compensation on your behalf. Contact us today for a free consultation to get started and gain assistance during this challenging time.
