Every year, thousands of pedestrians are hit by cars, often resulting in serious injuries or worse. If you find yourself in this unfortunate situation, it’s crucial to know the immediate steps to take immediately after the accident. These steps not only ensure your safety but also protect your legal rights. This guidance covers what to do from the moment of the accident, through dealing with insurance companies, to understanding why having a lawyer might benefit you.
Immediate Steps After the Accident
If you’re hit by a car as a pedestrian, taking certain steps right away can significantly impact your health and any subsequent claims:
- Assess for Injuries: Immediately check for injuries. If you’re hurt, or even if you’re unsure, call for medical help. Injuries might not be immediately apparent.
- Contact the Police: It’s crucial to have the police come to the scene. They will file a report, which is important for documenting the accident and can be important in legal and insurance claims.
- Gather Information: If possible, gather the driver’s contact and insurance information, and note the car’s make, model, and license plate. Also, try to get contact details from witnesses.
- Document the Scene: Take photographs of the accident site, including street signs, vehicle positions, any skid marks, and visible injuries. Also take photos of the vehicles involved, including their license plates, and the other driver’s license, if possible.
Understanding Your Legal Rights
After being struck by a car as a pedestrian, it’s important to understand your legal rights for navigating the aftermath:
- Right to Compensation: As an injured pedestrian, you may be entitled to compensation for medical expenses, lost wages, and pain and suffering. This compensation is designed to restore your financial and emotional position as much as possible to what it was before the accident.
- Statute of Limitations: There is a specific timeframe within which you must file a claim, known as the statute of limitations. In Washington, D.C., this period is generally three years from the date of the accident.
- Contributory Negligence: In Washington, D.C., if you are found to have any degree of fault in an accident, it can significantly impact your ability to receive compensation. The District modified its strict contributory negligence rule, which normally provides that if you are even partially at fault for the incident, you may be barred from recovering any damages from the other parties involved, for pedestrians and bicyclists. Nevertheless, your degree of fault is a major issue in pedestrian cases, in addition to the fault of the driver of the car that struck you.
How to Deal with Insurance Companies
Dealing with insurance companies after being hit by a car can be tricky. It is wise to first contact an attorney and let them notify the insurance company of the accident and your claim for damages. Attorneys know what insurance companies are entitled to, and how to put your case in the best possible settlement posture. If you do speak with the insurance company, it is important to handle communications carefully, as what you say can impact your claim. Report the accident but limit what you share. Stick to basic facts; avoid admitting fault or giving detailed statements without consulting an attorney. When discussing the accident with the driver’s insurance company, be cautious—insurers often try to get you to say that you are not injured, and to settle quickly for less than the claim’s worth. It’s wise to have a personal injury attorney review any offers and negotiate on your behalf, ensuring you receive fair compensation for your injuries and losses.
Why Legal Representation Matters
Having legal representation after a pedestrian accident is invaluable. Personal injury attorneys are skilled in managing the complexities of such cases, including dealing with insurance companies and navigating local laws. They can help ensure that your rights are protected and you are not taken advantage of during vulnerable times. An attorney will carefully evaluate the compensation offered, considering all your physical and emotional losses, to ensure it adequately covers your needs. Furthermore, they can take your case to court if a fair settlement cannot be reached. With a lawyer’s support, you can focus on recovery while they handle the legal aspects.
Contact Our Experienced Washington, D.C., Pedestrian Accident Attorney
At Simeone & Miller LLP, we bring a deep understanding of personal injury law to vigorously advocate for your rights as a pedestrian injured by a vehicle. Our experienced attorneys are here to handle every aspect of your case, ensuring you receive the compensation you deserve. If you’ve been in an accident, don’t wait—contact us today for a free consultation, and let us help you take the first step towards recovery.
Simeone & Miller LLP, based in Washington, D.C., also provides legal services across Maryland and Virginia. In Maryland, our services extend to Baltimore City, Prince George’s County, Montgomery County, Howard County, and Anne Arundel County. In Virginia, we serve clients in Arlington County, Alexandria, Fairfax County, Fairfax City, Falls Church, Loudoun County, Prince William County, Manassas, and Manassas Park.
