Every day, 20 pedestrians die after being hit by a car in the U.S. In 2022, more than 7,500 pedestrians died on the road. This is the highest number of pedestrian fatalities since 1981. Pedestrian deaths are blamed mainly on unsafe infrastructure and the increase of SUVs on the road. Other factors include reckless driving and a delay in road safety improvements. The states with the highest number of pedestrian deaths are Arizona, Florida, and New Mexico.
Immediately addressing the aftermath of a pedestrian collision is crucial. It doesn’t matter whether you are the pedestrian or you hit a pedestrian. The steps you take after an accident will determine your way forward.
What to Do If a Car Hits You
If you walk across a street and a car hits you, the first thing to do is move out of the way of traffic, if you can. If you are not severely injured, move to the sidewalk to avoid further injury. Once you are out of harm’s way, call 911 to report the accident. Stay at the accident scene until police and medical help arrive. Even if you sustained only minor injuries, getting a check-up from a first responder is crucial. Afterward, you must ensure that you file a report with the police on the scene. You will need that report later if you want to claim damages.
If the driver that hit you drove away, you must inform the police. If the driver stays, ask for their insurance and contact details. Sometimes, drivers involved in a pedestrian accident leave the scene even if the victim is injured. If possible, keep the driver at the scene until the police arrive. If they don’t want to stay, try to take a photo of the driver, their car, and their license plate. This information will help the police file criminal charges against the driver.
Take photographs of the surrounding area. Ask bystanders if they witnessed the accident. If they did, ask them to make a statement to the police. If the driver ignored a traffic signal or street sign when they hit you, ask whether any bystanders saw it happen. You need as much information as possible to hold the driver responsible. Remember that a criminal case against the driver does not mean compensation for you. To claim damages, you must file an insurance claim or open a civil case.
What to Do If You Strike a Pedestrian
Pedestrians cannot really protect themselves while walking across or along the road. If you hit a pedestrian, they could sustain severe injuries or even die. It is of the utmost importance that you stop your car immediately if you hit a pedestrian. Check on the person and call for medical help immediately. If they are in the way of other traffic, try to divert cars around the scene. Do not move the person if they are seriously hurt or unconscious. If you move them, you could worsen their injuries.
Call the police and wait for them to arrive. If you leave the scene before talking to the police, the accident may be considered a hit-and-run. This means the victim and the police can open a criminal case against you.
While waiting for the police, make notes and take photos of the accident scene and surroundings. If the pedestrian is awake and responsive, ask them for their contact information. You can also get the contact details of bystanders who may have witnessed the accident.
After the accident, you should also contact your insurance company as soon as possible. However, if you are still in shock or unsure why the accident happened, ask your lawyer to speak to the insurance provider.
Don’t try to blame the pedestrian for the accident, even if it was their fault. It is important to only make a statement to the police and your insurance provider based on advice from your lawyer. This doesn’t mean that you should give them false information or lie. It means you must have all the facts before you say anything. This is also why witness statements are so important.
What Happens If I Am at Fault for a Pedestrian Collision?
Drivers and pedestrians have a duty of care while on the road. Everyone on the road must obey the traffic signals and road signs. When a driver or pedestrian fails to do this, they become negligent. If their actions cause an accident, they become liable for injury and damage.
If you are at fault for hitting a pedestrian, the pedestrian can make a third-party car insurance claim from your insurance provider. However, it may be difficult for them to get a settlement payout if your insurer does not believe the accident was your fault. If there is a dispute, the case will go to a lawyer and possibly to court.
If you are at fault for an accident as a pedestrian, your health insurance policy will likely pay for injury treatment. The driver or passenger of the car can also sue you if they are injured.
Should you and the driver share fault, you must engage in a comparative negligence case. This also means reduced compensation for you and the driver to align with the percentage of responsibility you carry for the accident.
Moving on From a Pedestrian Accident
After you settle or receive a settlement in court, it is important to start moving on from a pedestrian accident. If you struggle to get past the incident, you should join a support group to help you cope. If you were injured in the accident, you must give yourself time to heal. It may be frustrating to deal with a long-term injury, but talking to others within a support group or your family can help you deal with a slow healing process. If you need professional help for emotional trauma, get it as soon as possible. Doing this will help you overcome the trauma and get on with your life.