Being hit by a car while crossing the street is unexpected and can lead to severe consequences. According to the Virginia Department of Motor Vehicles (DMV), there were 133 pedestrian fatalities and over 1400 pedestrian injuries in Virginia in 2023. Whether you are slightly injured or seriously hurt, you have rights as a pedestrian or bicyclist. If you find yourself in this situation, it’s crucial to take quick action to safeguard your legal rights and seek financial compensation from the driver responsible.
Take Steps To Protect Yourself After a Pedestrian Or Bicycle Accident
Stay calm and avoid panicking or confronting the driver if you’re involved in a pedestrian or bicycle accident. Move to a safe place if possible, particularly if you’re injured or in pain in your back or legs.
Keep the driver at the accident scene, even if you feel uninjured. Drivers are legally required to report the accident and exchange information with you. Ensure you gather:
- Full contact details
- Driver’s license number
- Vehicle Description
- Insurance information
Take multiple photos and videos of the accident scene and your injuries for evidence, if possible. It’s also crucial to call 911 to report the accident and have the police document the scene. This official documentation can be essential in your case.
When The Police Arrive
When the police arrive, providing your account of the incident is crucial to ensure they have both sides of the story. Please stick to the facts as you know them and avoid speculating about what happened. Request the police report number before they leave so you can access it later. Even if it seems like no one was hurt and the vehicles are undamaged, it’s still important to file a report. Injuries may manifest later once the adrenaline wears off; even minor impacts could cause hidden damage.
If you’re already in the hospital after being hit by a car while crossing the street, the police will likely visit you there to take your statement once you’re able. Try to recall as much detail as possible about the accident.
Get Medical Care
After an accident, make your health a priority by getting medical help as soon as possible promptly, even if you don’t feel injured. Visit a hospital for a thorough examination and necessary tests to ensure no hidden injuries are overlooked due to adrenaline.
Keep detailed records of your medical diagnosis, treatment plan, and prescriptions. It’s crucial to follow your doctor’s instructions meticulously. Keeping records of how your injuries affect your daily life, both physically and mentally, can make your insurance claim or lawsuit stronger in the future.
Mental health is equally important after such an incident. Please maintain a journal detailing your emotional and physical well-being. Include dates and times to create a clear timeline of your recovery journey. Honest and open documentation will support your case and highlight how the accident has affected you.
Speak With a Personal Injury Lawyer
Once you’ve received medical treatment and have gathered the necessary documents, such as the police report and your medical records, it’s time to consult a personal injury lawyer. Talking to a lawyer before dealing with the insurance company can help avoid errors that might harm your claim.
Insurance companies often use tactics to minimize payouts. For instance, they might ask for a statement or get you to sign something that could reduce your compensation. If you’re in the hospital after being hit by a car, consider contacting a lawyer before your release. There are often time limits for filing an insurance claim; your lawyer can handle this process.
File an Insurance Claim
It’s time to file an insurance claim by contacting the appropriate insurance company. Virginia is an add-on no-fault state. You can contact your insurance company to initiate a claim if you have add-on personal injury protection (PIP) insurance. Otherwise, you will file a claim using your insurance with the driver’s insurance company.
When you call the correct insurance company to describe the accident, it’s crucial to stick only to the facts. Avoid speculating about what happened, admitting fault, or discussing who was at fault. You can communicate with confidence and security by providing only the information requested.
Be cautious when talking to the insurance claims adjuster; their job is to save the insurer money, and they are not on your side.
Don’t let the adjuster record your statement; only agree to a settlement offer after talking to a lawyer. The initial settlement offer may be much less than you deserve. An attorney can help you understand the actual value of your pedestrian accident claim and ensure you get fair compensation.
Seek Guidance from Marquis Law Group
Contact Marquis Law Group at 703-777-6161 to discuss your case and receive personalized guidance on your next steps. One of our lawyers who helps with personal injuries manages your insurance claim, negotiates with adjusters for a fair agreement, or goes to court against the driver if needed. The evidence you collected earlier will be crucial in seeking the compensation you deserve. Acting now can bring significant advantages later.
