Pedestrian accidents are, above all, a stressful situation that requires, more than ever, deliberate and appropriate action. Whether you are a driver or a pedestrian facing such a situation, your actions in the first minutes and hours after an accident can play a key role in the future course of events. How can you avoid legal and financial problems? What is the right thing to do if a pedestrian is hit by a car? Or what to do if a pedestrian damages your car? Knowing these aspects will help minimize risks.
Let's take a look at five of the most common mistakes to avoid after a pedestrian accident to protect your rights and interests.
Mistake #1 Not Seeking Immediate Medical Attention
One of the most common mistakes after a pedestrian accident is ignoring the need to immediately check the medical condition of everyone involved. Even if the injuries appear minor at first glance, this is no reason to neglect medical attention.
- First, some injuries may not be immediately apparent. For example, internal injuries, concussions, or microfractures may go undetected in the first hours after an accident. Failure to treat such injuries in a timely manner can lead to serious complications.
- Second, calling for medical attention is not only a health concern, but also a legally significant action. If the case goes to trial, medical records will be important evidence to prove the nature and extent of the injuries sustained.
It is also worth remembering that refusing medical attention can negatively impact your defense. This is especially true for drivers who can be held liable for “intentionally leaving an injured person without assistance”.
Mistake #2 Failing to Document the Scene
Ignoring the need to collect evidence at the scene of an accident is another serious mistake. Thoroughly documenting the situation can be a key part of determining whether the parties are at fault in the event of further proceedings.
Why is it important?
The data collected helps to reconstruct an accurate picture of what happened. This is especially important if there is a dispute over the details of the accident. The more information you capture, the stronger your case, whether you are defending yourself against unfounded accusations or asserting your rights.
What needs to be done
- Photograph or videotape the scene of the accident. Take pictures of the vehicle, the location of the collision, road conditions, lighting and any other details that may be important. If there is visible damage to the pedestrian, vehicle or surrounding objects - this is also worth recording.
- Gather contacts of witnesses. Write down their names, phone numbers and, if possible, addresses. Their testimony may later become a significant argument.
- Write down your own observations. While memories are fresh, take detailed notes about what happened. Include the time, place, direction of travel, speed of the vehicle, pedestrian actions, and other relevant points.
Gathering evidence will not only help prove your innocence, but will also prevent the other party from misrepresenting the facts. In addition, in the event of a lawsuit or communication with the insurance company, having complete information will make the process easier and faster.
Mistake #3 Admitting Fault Without Legal Advice
Many people who find themselves in a stressful situation after a pedestrian accident may rush to accept responsibility for what happened. However, admitting fault at the scene of an accident without first consulting a lawyer is a mistake that can lead to serious legal and financial consequences.
Why is it dangerous?
- Legal Consequences. An admission of fault can be used against you in court or when dealing with the insurance company. Even if you believe you could have avoided the accident, the circumstances may not be so clear-cut.
- Emotional state. Under the influence of stress, people tend to make impulsive decisions. At the scene of the accident, you may feel like you are at fault, but the full picture of what happened will only become clear after a detailed analysis of all the facts.
- Lack of information. At the scene of the accident, you may not have all the information you need: whether the pedestrian was impaired, whether the traffic signs were working properly, and whether there were other factors that contributed to the incident. A premature admission of guilt deprives you of the opportunity to protect your rights.
To avoid making mistakes that could make your situation worse, act in a measured way.
- Do not make claims that you are at fault. Instead, give an objective description of what happened without making emotional judgments.
- Contact a lawyer. A lawyer will help you analyze all the circumstances and make recommendations on how best to protect your interests.
- Cooperate with the police. Provide a formal statement, but avoid language that could be interpreted as an admission of guilt.
Remember, an admission of guilt can have a long-term impact on your financial situation, driver's license, and reputation.
Mistake #4 Delaying Contact with an Attorney
The most critical mistake you can make after a pedestrian accident is delaying seeking legal help.
Why is procrastination dangerous?
- The more time passes, the more difficult it is to collect all the necessary evidence. Only a timely engaged lawyer, can help to promptly record all the information.
- Without professional legal assistance, you may make decisions that later turn against you.
- The jurisdiction has certain deadlines within which you can file a lawsuit or start legal proceedings. Missing these deadlines can deny you the opportunity to protect your interests.
- If you do not contact an attorney in time, the other side may have time to form strong arguments against you. A lawyer can help you build your defense and properly communicate with the other side.
Delaying contacting a lawyer can complicate your case and worsen your situation. To avoid additional problems and financial losses, it is important to consult with a qualified professional as soon as possible.
Mistake #5 Ignoring Insurance and Legal Obligations
After an accident, it is important not to neglect your responsibilities to your insurance company and the law. Ignoring these obligations can have serious consequences, including financial loss, invalidation of insurance coverage, and even legal penalties.
Why is it important to notify the insurance company?
- Most insurance policies have a clause that requires you to notify the company of the accident within a certain time frame. Violation of these terms may result in denial of compensation.
- Timely appeal to the insurance company allows you to fix your position and hand over important evidence, which will help prevent the other party from falsifying the facts.
Legal obligations should not be forgotten
- Failure to report the accident, especially if there are casualties or significant damage, may be considered as evasion of liability.
- The law requires drivers to remain at the scene of an accident, render aid to the injured, and assist in the investigation. Violation of these requirements can result in criminal prosecution.
- If a case goes to trial, your awareness of your rights and responsibilities will play in your favor.
Ignoring insurance and legal obligations can make your situation worse and affect the outcome of your case.
Our Help from YMPK Law Group
In the event of a pedestrian accident, it is important to have a reliable and experienced lawyer to help protect your rights and minimize possible risks. The team at YMPK Law Group specializes in such cases and is ready to provide professional support at every stage of the proceedings.
How can we help you?
- We will help you understand the details of the case and strategize to achieve the most favorable outcome.
- Our experts will help you quickly gather all the necessary materials: witness statements, photos of the accident scene, medical reports, surveillance footage and other evidence that will help strengthen your position.
- We will represent your interests in negotiations with insurance companies, law enforcement agencies and in court. We can help you obtain a fair resolution and prevent potential charges against you.
- If you are a driver, our goal is to minimize your financial and legal risks. If you are a pedestrian injured in an accident, we will do everything possible to ensure that you receive compensation for damages and injuries.
Contact YMPK Law Group, and we will take on the complexity of the process so you can focus on recovery and getting your life back on track. Our experienced lawyers can help you get justice.