crosswalk and pedestrians

What to Do After a Pedestrian Accident: A Comprehensive Guide

By Greg Kohn

Getting into a pedestrian accident can be an incredibly stressful and traumatic experience. Unfortunately, these types of accidents are becoming more frequent. Understanding your legal rights after a pedestrian accident is crucial for getting justice and compensation for any injuries you sustained.

In this post, our New Jersey pedestrian accident attorneys discuss what to do after a pedestrian accident so that you’re prepared if it ever happens to you – from understanding how they occur to taking steps towards filing a claim with the help of experienced lawyers who specialize in handling cases like yours.

Pedestrian Accident Facts

Pedestrian fatalities are a grave concern to public safety, with the NHTSA recording 6,283 such deaths in 2018 and GHSA estimating that this is the highest rate since 1988. With so many people being injured and killed in pedestrian accidents, it’s a good idea to be extra vigilant when walking in mixed-use areas.

What is a Pedestrian Accident?

A pedestrian accident happens when a person on foot is hit by a car, motorcycle, or scooter. But it’s not always a motorized vehicle involved. Non-motorized vehicles, like skateboards, rollerblades, and bicycles, can also be involved in pedestrian accidents. These types of crashes can occur anywhere from parking lots to busy city streets.

Pedestrian Accident Causes

Pedestrian accidents can be caused by a variety of situations, including:

  • Inattention while behind the wheel,
  • Intoxicated vehicle operation,
  • Exceeding the speed limit, and
  • Neglecting to cede right-of-way

In addition, pedestrians may be more likely to be hit if they’re crossing outside designated crosswalks or not wearing reflective clothing at night time. Poorly designed roadways with inadequate lighting or a lack of sidewalks may also increase the risk of pedestrians being hit by cars in urban settings.

Steps to Take After a Pedestrian Accident

If you’ve been involved in a pedestrian accident, there are certain steps you must take to protect your health, your safety, and your right to be compensated for your injuries. Let’s take a look at what to do.

  1. Stay calm and try to assess the situation. Check for injuries and ensure you are not in further danger. If you can move to a safer place, do so, but be aware that some injuries can be aggravated by movement. 
  2. Call 911. Even if you feel fine, getting checked out by a medical professional as soon as possible is essential. If you can’t call, ask someone nearby to call for you.
  3. Get contact information. If you’re conscious and able to communicate, get the contact and insurance information of the driver involved. 
  4. Document the scene. Take photos or videos of the accident scene, including the car and any injuries you may have sustained.
  5. Talk to Witnesses. Get the contact information of any witnesses who saw the accident. Their statements may help with any legal action, or insurance claims that you may need to file. If you cannot talk to witnesses that are present, the police may be able to get statements from them.
  6. Seek medical attention. Getting a medical assessment is critical even if you don’t feel like you have any major injuries. Some injuries may not show up immediately, so getting them checked out is important.
  7. Talk with a personal injury lawyer. An experienced lawyer can help you navigate the legal process and ensure that you receive fair compensation for your injuries.
  8. Follow up with your medical provider. Attend all recommended appointments to ensure that you receive the necessary treatment and care for any injuries.

To ensure legal protection and obtain compensation for any injuries or losses, it is important to take the necessary steps after a pedestrian accident.

Legal Rights After a Pedestrian Accident

When involved in a pedestrian accident, it is essential to be aware of the applicable negligence laws in your state, as they are relevant when seeking damages. 

To establish a successful case, it is essential to demonstrate that the other party was negligent and their negligence caused your injury. Consult a personal injury lawyer promptly so you don’t exceed the statute of limitations for filing a claim or lawsuit and to protect yourself from predatory insurance company tactics.

Having an experienced legal advocate to guide you through the intricacies of pedestrian accident laws can be invaluable in ensuring your rights are protected. With their assistance, you can gain clarity on the compensation to which you are entitled and how best to pursue it due to another’s negligence. Don’t wait until it’s too late; seek out professional advice if you or someone close has been involved in a pedestrian accident today.

Contact our office today to discuss your pedestrian accident case and receive experienced legal advice on how to proceed.

About the Author
Greg Kohn is a partner at Nagel Rice and specializes in complex civil litigation cases, including professional malpractice, personal injury, class actions, wrongful death, products liability, and commercial litigation.  He has extensive experience representing clients in both state and federal court. Greg has tried many jury trials to verdict and has recovered over $50 million in settlements and verdicts in all types of personal injury matters including automobile accidents, wrongful death cases, slip and falls, and other catastrophic injury cases. Greg also handles medical malpractice cases, involving misdiagnoses, wrongful birth, and delayed cancer diagnosis. If you have questions regarding this article, you can contact Greg here.