Questions to Consider if You’re a Pedestrian in a Motor Vehicle Crash
Many people would consider being hit by a vehicle as a pedestrian to be their worst nightmare. Because pedestrians are so vulnerable, these accidents often result in serious injury, paralysis, or death. However, pedestrian involved accidents do occur, and when they do, it’s essential to understand the answers to these three critical questions:
1. What do I do directly after the accident?
When an accident involving a pedestrian and a vehicle occurs, all involved will more than likely be shaken up. It may be challenging to keep a clear head, but focus instead on the next steps after the accident. The first thing to do is to check on the injury status of those involved in the crash. If you can, call 911 for help, but do not perform any medical assistance other than life-saving CPR. You may feel bad for what happened, but it’s crucial not to admit fault at the moment. Phrases such as, “I’m so sorry” or “I feel so bad” can put you at risk of a personal injury lawsuit, as can attempting to provide medical assistance that may make the situation worse–for instance, if you do sustain any injuries, do not let anyone other than medics move you at the scene. While they may not be immediately known, you could sustain more injuries if moved. Outside of letting the driver know your current state of being, the most you should say to the driver is ask them to call 911.
2. Who do I contact following an incident with a motor vehicle?
The apparent first phone call will be 911 if there are any injuries. But whether or not someone is injured, it will be essential to get the police involved. They can provide a neutral view of what happened and help determine fault, which does not automatically rest solely on the driver (see #3). Both the driver and the pedestrian need to call their insurance companies. Next, you may want to consider calling an accident attorney to help protect your legal rights.
3. How is fault determined in pedestrian accidents?
Many pedestrians assume that they will always have the right of way and that the driver will automatically assume fault, but this isn’t the case. Of course, if you were walking in the road and the driver had time to slow down or stop, the driver should always yield the right of way to avoid a collision. But in Frisco, Texas, the fault may rest solely with the driver, strictly with the pedestrian, or both parties share the blame. This decision depends if anyone broke the law at the time of the accident. Were you crossing the street illegally (jaywalking)? Was the driver exceeding the speed limit? Many factors go into determining fault, and you should let the police and insurance companies conclude their investigation without assuming error. Involving an accident attorney can provide great comfort to you in knowing they have your best interest in mind and can help you navigate the complexities of the law.
Of course, you should always be aware of your surroundings when you are crossing the street, but if you are involved in an accident with a motor vehicle, call Reynolds and Reynolds, accident attorneys in Frisco, Texas. They can help you sort out the laws in Texas and give you legal advice about how to proceed. Visit their website at https://rrlfirm.com/ to speak directly with an attorney.
Reynolds & Reynolds Law Firm | Pedestrian Accident Attorney Frisco Tx | 214-891-6606