If you or a loved one was hit by a careless driver, what you do in the hours and days afterward could make a significant difference in your healing and financial recovery. You want to ensure you make the right choices and take the necessary steps to preserve evidence and protect your insurance claim.
Hiring a Boca Raton pedestrian accident lawyer will be an essential step in getting the compensation you deserve and holding the driver accountable for your injuries. However, there are a few steps you will need to manage before you have an attorney on your side.
1. Call 911 and Get Medical Attention
Your top priority after a pedestrian accident is getting immediate care for your injuries. If possible, call 911. First responders can stabilize you and ensure you are taken to the nearest hospital or trauma center, depending on your needs.
You want to get care as soon as possible because this will result in the best outcomes for healing. It will also tie your injuries to the accident, preventing the insurance companies from claiming they occurred some other way later.
Even if you do not believe you have serious injuries, you should see a medical professional. Some states, including Florida, only give you a limited time to see a doctor. Under Florida Statutes § 627.736, you only have 14 days following a crash to get care and qualify for coverage based on your Personal Injury Protection (PIP) insurance.
2. Stay at the Scene and Get a Police Report
Unless you are transported by first responders to the hospital, remain at the scene and provide your side of the story to the police. Give them a clear, factual statement about what happened. Do not downplay your injuries, admit fault, or apologize.
Ensure the police have your name and contact information in the police report and can follow up with you about your injuries or other pertinent information.
This is especially important if the driver left the scene. You will need to tell the police officers all the details you can remember about the vehicle and driver. They may be able to track down the driver. If not, this report will be vital for filing an insurance claim based on your uninsured driver coverage.
3. Gather Evidence at the Scene
Many pedestrian accident victims are not physically able to gather evidence at the scene before being transferred to the nearest hospital. However, if your injuries allow, you can begin building your case immediately. You should take photos of:
- The vehicle, including damage
- Your injuries
- Traffic signals and signs
- Crosswalks
- Any skid marks or debris
- The driver’s license and insurance card
You should also make note of the names and phone numbers of any witnesses, the weather, the time and date, and other details.
If you are too injured, your attorney can have someone survey the crash scene later. However, having evidence of the collision immediately afterward can be important in some cases. If you have a trusted friend or family member with you, ask them to take the necessary pictures.
4. Report the Accident to Your Insurance Company
If you are in a no-fault state, such as Florida or Massachusetts, your auto insurance coverage may provide benefits if you were hit by a car. You should contact your insurance carrier to notify them of the crash and your intention to file a PIP or MedPay claim for your medical care and lost income.
Since there are often strict timelines associated with these policies, you will want to notify them about the accident as soon as possible. However, you should not give a recorded statement about the crash or accept a payout offer until you have discussed your options with a personal injury lawyer.
5. Watch What You Say to the Driver’s Insurance Company
Often, the at-fault driver’s insurance company reaches out to seriously injured victims to try to make a quick settlement. However, you should be cautious. These lowball settlements only pay a fraction of what you will need to cover the cost of your medical care and other expenses and losses.
You should not give a recorded statement, sign documents, or accept any offers without speaking to an attorney first.
6. Consult a Pedestrian Accident Lawyer About Your Case
Pedestrian accident claims can be challenging and complex. Victims often suffer serious injuries and may have permanent disabilities. They face high medical care costs for years to come, difficulty returning to their careers, and long-term pain and suffering. In addition, insurance companies often dispute liability in these cases, claiming the pedestrian caused or contributed to their own injuries.
Having an attorney handling your case means you have someone who will:
- Investigate the crash and preserve evidence
- Obtain all records and reports
- Pursue surveillance footage
- Review eyewitness accounts
- Handle insurance negotiations
- Identify all available options for compensation
- Fight for damages based on your case facts
When necessary, your lawyer will sue the at-fault driver and pursue compensation for your serious injuries. Each state has a statute of limitations that sets a deadline for filing a lawsuit based on your injuries. This is generally one to four years from the date of the accident. For example:
- Massachusetts: You generally have three years to begin a lawsuit under Mass. Gen. Laws Ch. 260 § 2A.
- Florida: You generally have two years to begin a lawsuit under Florida Statutes § 95.11.
Unfortunately, pedestrian accident victims sometimes suffer fatal injuries. If your loved one died because of a careless driver, a wrongful death lawyer can help your family get justice.
Speak to Our Team About Your Pedestrian Accident Injuries
If you or someone you love was hit by a car, you can speak to our team at GED Lawyers for free. Our pedestrian accident lawyers serve clients in Florida and Massachusetts. We know how to protect your rights, deal with the insurance companies, and recover compensation for you. Contact us today for a free consultation.
