Knowing what to do if you suffered an injury in a pedestrian accident at a crosswalk is vital to ensuring optimal recovery and protecting your legal rights. Following a collision, you must safeguard yourself against liable insurance companies. Many people have this preconceived notion that insurers are there to help. After all, you pay for their insurance to protect you in the event of an accident. However, insurance companies are in the business of maximizing profits, often prioritizing them over people.
Individuals injured in a pedestrian accident should speak to an attorney immediately. A pedestrian accident lawyer protects injured parties from tricky insurance tactics while advocating for their legal right to financial compensation for their damages. Schedule a free consultation to explore your legal options for securing a substantial settlement for your injuries, pain, and suffering.
What to Do If You’re Injured in a Pedestrian Accident at a Crosswalk
When you have suffered an injury in a pedestrian accident at a crosswalk, it’s important to take precautionary measures to ensure your health and legal advocacy for your rights. There is a statute of limitations for recovering financial losses, such as medical bills, after an accident. Most states impose a two or three-year statute on your right to file a claim or lawsuit. However, statutes range between one and six years. A lawyer can clarify and assume responsibility for meeting state statutes, local regulations, and other legal deadlines for filing a claim or civil lawsuit after a pedestrian accident.
Get Medical Attention
When you know you have suffered an injury, medical care is your top priority. A physician will provide a thorough physical evaluation before ordering labs and imaging that they determine are relevant to diagnosing injuries. Injuries a doctor may evaluate you for following a pedestrian accident at a crosswalk include:
- Head and traumatic brain injuries (concussion)
- Neck injuries (whiplash)
- Spinal cord injuries
- Broken bones
- Soft tissue injuries (strains and sprains)
- Internal bleeding
- Organ damage
If you are involved in a pedestrian accident, you should always seek medical attention, regardless of whether there are apparent injuries. Often, there can be hidden injuries that can worsen or become fatal if left undetected. When injuries are sustained in a pedestrian accident, they must be properly documented and thoroughly detailed. Getting a medical evaluation is the first step in documenting them before speaking to an attorney.
Follow Treatment Plans
Following your treatment plan is pertinent to your recovery and pedestrian accident claim or lawsuit. You must follow through if your doctor prescribes treatment or provides referrals to specialists. First, failing to make and keep your appointments hinders your recovery and may worsen your condition or injuries. You don’t want the statute of limitations to run out before you have completed your medical treatment. Otherwise, you’ll be financially responsible for future healthcare costs and lost earnings incurred due to completing medical treatment and rehabilitation.
Second, if you do not follow your treatment plan, liable insurers will suggest that you have completed the necessary treatment and are ready to settle or that you are making a fraudulent claim. Either way, it may result in you absorbing the costs of your medical care and forfeiting your legal right to compensation for non-economic damages, such as pain and suffering.
Gather Evidence
Gather any evidence you can for your case. Solid evidence is the foundation of securing a settlement for your pedestrian accident. It’s how lawyers, accident reconstruction specialists, and expert witnesses:
- Pinpoint negligence
- Prove liability (being legally responsible due to fault)
- Establish the severity of your injuries
- Demonstrate how injuries impact your daily life
- Determine the maximum value of your claim or lawsuit
Injured parties who snapped photos or had families or witnesses who took pictures or video of the accident scene should provide that visual evidence to their attorney. Other viable evidence includes police reports, insurance and witness contact information, photos of your injuries, medical records, medical bills, and other documents demonstrating economic losses.
Document Everything
Documentation is key. It can mean the difference between a substantial settlement and an undervalued claim. You must keep a post-accident journal that details your pain and suffering. This journal is critical evidence for proving non-economic damages. You should include consistent entries documenting the following:
- Your detailed recollection of the accident
- Your pain levels and frequency
- Your pain type, for example, dull, sharp, achy, or throbbing
- Lifestyle factors affecting your pain
- Pain management, including medications, dosage, and frequency
- A record of symptoms, such as tingling, numbness, dizziness, and headaches
- Limited or restricted ability to perform daily tasks
- Limited or restricted ability to perform work-related duties
- Loss of enjoyment of life, such as hobbies and activities you previously enjoyed
- Travel time to and from medical appointments
- Notes about what doctors and specialists said at your appointments
- Injury progress
When you sustain physical injuries in a pedestrian accident, an attorney may also secure financial compensation for your emotional and psychological damages. You should document symptoms of psychological trauma, like post-traumatic stress disorder (PTSD), and any emotional distress and mental anguish you experience.
Avoid Posting on Social Media
Resist the urge to update your followers because social media posts are used daily to dismiss or deny claims. Insurance companies often employ private investigators to watch social media accounts for any posts they may use to deny liability and payment on your claim. Insurers may use pictures of you having fun, videos of you dancing to the latest viral trends, and tags documenting your activities to allege that you are not as injured as you claim. Insurance companies escape partial liability or dismiss claims altogether because of social media.
Avoid Giving Recorded Statements
After a pedestrian accident, the at-fault driver’s insurance company will contact you to ask questions. They generally make these calls almost immediately following an accident for the following reasons:
- They want to talk to you before you secure a lawyer who advises you not to
- They want you to admit liability, asking questions to point you in that direction
- They want to secure a recorded statement that may harm your claim process
The purpose behind the latter is to get you to say something they may use to dismiss liability for your injuries and damages. If they can catch you before the full magnitude of injury hits you, they may record you saying that you feel alright or do not have injuries.
However, they know many injuries have delayed symptoms that may not develop for several days or weeks following a collision. If you say you are not injured, and a week later, you have whiplash and back pain, they may use your recorded statement to downplay or dismiss your injuries. Avoid giving recorded statements.
Avoid Admitting Liability
Insurers use tactics to trick injured parties into admitting liability to minimize their company’s losses. They may ask leading questions like, “Could you have avoided the accident?” They may also take statements out of context, blame you for contributing to the accident, and convince you that you do not need a lawyer to advocate for your best interests. Avoid admitting liability.
If you have admitted liability, posted on social media, or provided a recorded statement to the insurance company, contact a pedestrian accident lawyer immediately. They will offer credible legal insight into how to proceed with your claim. They will also be able to prepare for the potential aftermath of those extremely common mishaps.
Hire a Pedestrian Accident Attorney
An experienced pedestrian accident attorney will best represent your legal rights and generally negotiate a larger settlement than you may secure without one. Most work for contingency, so there are zero upfront costs to retain legal representation of your claim or lawsuit. An experienced lawyer who does this day in and day out provides you with the best option for obtaining reasonable compensation after being injured in a pedestrian accident at a crosswalk.
Why You Need an Attorney if You’re Injured in a Pedestrian at a Crosswalk
Pedestrian accidents generally result in severe injuries and disability, creating a credible need for a reputable and experienced attorney. Lawyers understand the insurance claims process, navigate the legal system daily, and comprehensively understand local, state, and federal law. A pedestrian accident attorney’s services generally include:
- Case Evaluation: During your free case evaluation, prospective attorneys should listen compassionately and provide legal insight into your claim. Injured parties should come prepared with questions and pay attention to how attorneys respond before committing to hiring one. You want a credible lawyer who instills confidence, not a cocky salesperson.
- Case Strategy: Lawyers usually discuss case strategy during the initial consultation. They can identify and clarify your case strengths and weaknesses before outlining possible strategies and potential outcomes. Ask them to do so if they do not volunteer the information; if they cannot or avoid answering your question, consult another attorney.
- Case Investigation: Your pedestrian accident attorney will thoroughly investigate your claim to build a strong case for compensation. They will start by collecting and analyzing evidence, including video of the accident from traffic cameras and dashcams, medical records, and visual documentation of the accident scene. Your lawyer will also identify and interview eyewitnesses to confirm statements provided to the police or collect new information.
- Expert Consultation: Consulting with experts is a significant part of maximizing compensation. Lawyers have a network of experts they consult, including healthcare professionals, economists, engineering experts, and highway safety experts. Depending on the severity of your injuries, they may also refer to occupational and vocational therapists.
- Accident Reconstruction: Reconstruction specialists recreate your pedestrian accident to demonstrate the at-fault party’s negligence. Their testimony is invaluable for proving liability and the need to compensate your claim. Accident reconstruction experts use computer simulations to depict visual sketches or recreations of the collision. They’re created using evidence, including vehicle debris and position, witness reports, security video footage, photographs, and other physical evidence.
- Case Valuation: Calculating losses and determining damages involves a comprehensive look at all areas of life where you’ve been affected due to injuries sustained in your pedestrian accident. Your attorney will review and demand compensation for your healthcare costs, property damages, lost income, loss of consortium, loss of enjoyment of life, disfigurement and disability, and pain and suffering.
- Negotiations With Insurers: Negotiating with liable insurance companies is the final stage of the claims process. Negotiations may take time, depending on the severity of your injuries and the length of treatment and recovery. Insurers often make attorneys fight for reasonable compensation. You’ll want to hire a confident and skilled negotiator. Ask prospective attorneys about case history and prior settlements for claims similar to yours.
Your attorney may file a civil pedestrian accident lawsuit if your case requires litigation. However, most claims are settled without going to trial. Ask your attorney what they believe the chances of your case going to court are, and be sure they have litigation experience before hiring one to represent your case. While the chances of your claim going to court are slim, you want an attorney with courtroom experience in the event it does.
Pedestrian Accidents and Wrongful Death
Pedestrian accidents pose a significant risk of wrongful death because pedestrians lack the protection of an enclosed vehicle, exposing them to the full impact of the crash. Pedestrian fatalities are an increasing threat, with NPR reporting a recent 40-year high—elaborating that 20 pedestrians are killed every day in motor vehicle collisions.
The Governors Highway Safety Association (GHSA) adds pedestrian deaths are increasing faster than all other traffic fatalities. Factors include unsafe infrastructure, reckless driving, distracted driving, and the prevalence of SUVs, which are more deadly due to their size versus standard or compact vehicles.
Families who lost a loved one in a pedestrian accident may be eligible to file a wrongful death claim and should contact a lawyer right away. You’ll want to determine a strategy to secure compensation for funeral and burial costs, final medical expenses, and pain and suffering.
Consult an Experienced Pedestrian Accident Attorney
Contingency arrangements make retaining legal counsel available to anyone. Schedule a free consultation with a reputable, experienced personal injury lawyer to discuss your case. After learning the specifics, they can better assess the merit and value of your claim before outlining a viable strategy for securing compensation.