Pedestrians and bicycles in some cases can seem to come out of nowhere. You may need to know what to do if you find yourself in an accident with one. Avoiding these types of accidents is the best course of action. However, at some cases , they can’t be avoided.
5,295 accidents had one or more pedestrian fatalities. A pedestrian is killed every 1.6 hours in the united states. And, one is injured every 7.5 minutes in accidents. Pedestrians accounted for 15% of all fatalities. Of the injuries reported in 2015, 3% were pedestrians.
Tips For Avoiding Pedestrian Accidents
- Be aware: make sure to look at crosswalks and crossings when approaching them
- Make sure you are aware of non motorized things such as skateboarders and rollerbladers
- Pedestrians can be distracted by the use of electronic devices, make sure to look out for them, because they may not be paying attention.
- Young children and senior citizens may be oblivious to signage for pedestrian crossings and signage
- Make sure pedestrians know you see them.
- Watch your speed and give plenty of room to people walking on the sidewalk and in crosswalks
Determining Fault
Pedestrians who are negligent :
- No using a crosswalk or Jaywalking
- Walking in the crosswalk when they are not suppose to
- Using the road instead of walking on the sidewalk
Drivers who are negligent may:
- Cruise right through a red light and strike someone in the crosswalk
- Not stopping for stop signs
- excessive speed
- Not paying attention (cell phone usage, distracted driving).
What To Do And Not Do If In An Auto Accident With A Pedestrian
STOP
You must stop your vehicle if you hit a pedestrian. If you happen to leave the scene of an accident where an injury has occurred you could be charged with a crime.
CHECK to see if anyone is hurt
only do this if you can do so safely. (Fire, etc)
CALL 911
See what you can do to help the pedestrian such as CPR
CALL the Police
Contact the police immediately. They may need to come out and do an investigation. They will also write an accident report or incident report . This report will include the pedestrian and any witnesses.
DON’T leave the scene
Never leave the scene of an accident, no matter what the circumstances are unless you are told to do so by the police.
Do not hide evidence or try dispose of anything
In some cases people may try and alter a scene involving a pedestrian, don’t do this. Its illegal and can land you in jail.
Cooperate to a certain extent with law enforcement
Why do we say a certain extent. Well if you were at fault and you hurt or killed a pedestrian, you may want to invoke your right to remain silent.
Exchange information with people involved in the accident
Make sure to get the names and numbers of any witnesses, people involved in the accident. In some accidents, people won’t wait around for the police, make sure to try and get everyone’s contact info before they leave the scene.
Take Pictures
Pictures tell a thousand words. Take as many pictures as you feel comfortable taking. Make sure Take pictures of any damage caused by the accident, as well as any injuries, if possible. Also be sure to take pictures of the surrounding area. Take as many pictures as you can, from as many different angles as you can. Get tips on taking accident scene photos.
Contact your insurer
You need to report the incident to your insurance provider as soon as possible. They need to be put on notice.
No facebook, social media, be careful what you say
Don’t apologize to anyone at the accident scene. Be very careful what you say to anyone. When you apologize at the scene of pedestrian incident or car accident, the other party may believe that you are apologizing because you feel or are guilty. Don’t speak with opposing counsel, if the other party has retained an attorney. Do speak with an attorney that can help you in the event you were at fault for the incident.
Speak with an Attorney
An attorney can help you if you were at fault or you were the victim. A experienced personal injury attorney can help you throughout the process.
If you have an offer of settlement, make sure to discuss with an attorney
Insurance companies are notorious for sending checks in the mail hoping you will cash them. Make sure if you have received a settlement offer or a check, you speak with a attorney to find out if it is the right amount for your injuries.
Conclusion
Hitting a pedestrian while driving a car is a scary occurrence, but not uncommon. Pedestrians are more likely to be injured than the driver of a car. And if they are injured, more than likely, it may be severe or major injuries. Make sure to avoid hitting pedestrians by giving them more space and time. Contact us if you have been involved in an accident and need assistance.
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