Bart Durham Personal Injury News & Blog

Your Options as a Pedestrian After an Accident

Written by Bart Durham Injury Law | Nov 23, 2020 1:00:00 PM

Nashville’s continued growth along with a frequent lack of sidewalks and long distances between crosswalks have created the perfect scenario for pedestrian accidents.

Whether you’re on a bicycle or walking along the side of the road, the possibility of being struck by a passing automobile is unfortunately there.

These accidents can be terrible. And the time immediately following it can be confusing and scary.

However, there are certain things you can do to set yourself up for later success. Paying attention to the proper considerations can open up your options later on. A pedestrian injury lawsuit goes a long way to improve your situation after an accident, but you won’t get there if you don’t properly navigate the aftermath.

Here are some things you can do to make it easier to work with a personal injury attorney, should you decide to exercise that option later on.

Call the Police

The severity of your injuries is going to dictate how possible a couple of these considerations will be. However, you should try your best to keep them in mind as long as you first take care of your personal health.

The police should be alerted after every accident, even if you don’t think you are seriously injured. Traffic accidents — both involving pedestrians as well as involving two motorists — often create health issues that aren’t immediately apparent.

Shrugging off these injuries only to find yourself injured later on will leave you without legal recourse. No police report means it will be much more difficult to prove the other person is responsible for your injuries.

Use this time to get the insurance information from the driver. Take pictures of their driver’s license and insurance card. And then request a copy of the police report after it’s complete. You’ll need all of this information moving forward.

Take Pictures

You can also use this time to take pictures of the scene of the accident. Documenting your surroundings will give you important evidence that can be used should you decide to pursue a pedestrian injury lawsuit.

Of course, this is another aspect that will be dictated by the severity of your injury. Take pictures of your injuries as soon as you are able, even if you aren’t able to take pictures immediately after the accident.

But in a best case scenario, you’ll have this ability. Take pictures of the damage to the vehicle, your injuries, as well as any surrounding factors that might have influenced the accident. This includes any nearby streetlights, the road itself, and any traffic lights that could have played a factor in the accident.

Are there tire marks in the road or any debris from the impact? Take pictures of that as well. There’s no such thing as too many photos in this circumstance.

Immediately Seek Medical Attention

As we said earlier, your physical health is the most important consideration after a pedestrian accident. These collisions can bring severe physical damage to pedestrians, so don’t hesitate to visit a medical professional.

This is easily apparent when the damage is severe, but the advice stays the same for seemingly minor injuries. We’ve already discussed how these injuries can seem minor when they’re not. Another reason to visit a doctor is to establish that the injury is a result of the accident.

Any delay between the accident and receiving medical care can be used as a reason to discredit your claim. 

Reach Out to the Insurance Company

Many people will simply assume the other person in an accident will alert their insurance company about the incident. This is not always the case.

It’s a good idea to reach out to the other person’s insurance company yourself to make sure they have a record of the accident.

Keep the details discussed to the basics. Tell them about the accident — where and when it happened. Don’t discuss any further details with them. Don’t tell them about your injuries, whether or not you received medical care, or make any kind of recorded statement.

They could potentially use this information against you later on when you make a claim or file a pedestrian injury lawsuit.

File a Pedestrian Injury Lawsuit

Drivers are assumed to have the ability to see and respond to all possible obstacles on the road. This includes pedestrians.

Drivers that strike people walking along the side of the road, or through crosswalks, will almost certainly be deemed at fault for the accident. However, drivers are frequently found at fault for striking pedestrians who are crossing the road outside of crosswalks as well.

This opens the driver up to a potential lawsuit. Victims of a pedestrian collision are liable to receive compensation for their injuries, medical bills, and more. A personal injury attorney is essential in navigating this process and dealing with the insurance company.

Contact Bart Durham Injury Law

Bart Durham Injury Law represents victims of traffic accidents in and around both Nashville, TN as well as Bowling Green, KY. We have the knowledge and experience to help you get the compensation you deserve as a result of your injuries.