We live in the beautiful sunny State of California. Some parts aren’t so sunny, but still offer beautiful skylines and sights to take in! Naturally, with beautiful weather and scenery abound, it follows that people love to get outside to exercise or just take in their surroundings. But sometimes we forget that walking or biking can be just as dangerous as being in a vehicle.
According to a study by the National Highway Traffic and Safety Administration between 2000-2009, an average of 11% of all fatal traffic related accidents involved pedestrians. In 2017, Hawaii enacted a “distracted pedestrian” law (link: Hawaii article) in an attempt to help curb some of these fatalities. The Ohio State University has also conducted a study on “distracted walking.”
Being a “distracted walker” isn’t always the case. Even if the pedestrian or bicyclist is inattentive, they can be just as at fault as the driver. A lot of times though, pedestrians or bicyclists are abiding by the law and are struck through no fault of their own.
Here is what to do if you or someone around you that is a pedestrian or bicyclist has been hit by a vehicle:
Seek Medical Assistance Immediately
If you are the one struck, this will be on the driver or witnesses, if there are any. However, if you are conscious and able, you should immediately dial 911 for assistance. Due to the shock of the accident, it may feel like you are not injured, but do not hesitate to call for help. Not only is this of the utmost importance for your health, but it can have a significant impact down the road for any claims you wish to make.
Document All Injuries and Level of Pain
This is important for medical assistance as well as your claims. Where are you experiencing pain? What kind? Are there visual injuries? Were your clothes torn? This may be a place that you are not yet experiencing pain but will in the future. Feel around to see if there is any blood. You may not be experiencing the pain due to the shock of the accident. If possible, take pictures or have someone with you take pictures of the injuries and scene of the accident.
Call the Police
If you were the one struck, then it may be difficult to remember what happened leading up to the accident. Try your best to put together a timeline of what happened before. Your memory will fade as time goes on and this may be the best time to try to recall the chain of events that led to being struck. This will also help with the police report.
Do Not Discuss Fault at the Scene or to the Driver’s Insurance Company
While there may ultimately be no fault of your own, anything you say at the accident or to insurance companies can be used against you should you move forward with a lawsuit. Insurance company adjusters are professional negotiators that have a monetary interest in your claim being below the policy limit. It may seem like they are asking harmless questions, but these questions are designed to discredit your claim in an effort to pay you less.
Under no circumstances should you sign any documentation without first consulting with an attorney. It is possible that you could be unknowingly releasing your rights for not yet known injuries or pain and suffering. Only offer your contact information and your attorney’s.
Call Your Insurance Company
Even if you only have car insurance and were a pedestrian or bicyclist, you should still contact them. As above, do not give any statements or sign documents until you’ve met with an attorney.
Find a Pedestrian or Bicyclist Accident Lawyer
As a pedestrian or bicyclist you will likely have more serious injuries than those in the vehicle. It is important to obtain a lawyer right away so that the insurance company cannot take steps to devalue your claim. Your lawyer will help you navigate the insurance company’s requests, medical assistance, and your claims for damages. At Hanecak Law Inc , we work on a contingency fee basis. We only get paid if there is a recovery. Please contact us today if you or a loved one has been the victim of a pedestrian/bicycle accident.
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