Pedestrians can be hit by motor vehicles even if they are taking all safety precautions, walking on the sidewalk, and only crossing at crosswalks with a walk signal. Always know what to do if this happens to you.
According to the CDC, 5,977 pedestrians were killed in US traffic crashes in 2017, which equates to a staggering one death every 88 minutes. Conversely, the National Highway Traffic Safety Administration found that 6,283 pedestrians were killed in 2018, the highest yearly death toll since 1990.
Pedestrians are 1.5 times more likely to be killed in traffic crashes than drivers, and in almost half (47 percent) of these crashes, at least one or both parties involved were under the influence of alcohol, implying negligence and fault. If you believe that you have a legal case following a pedestrian crash or wish to help a loved one’s injury or wrongful death case, there are a few post-accident measures you should take to protect yourself and your legal rights. Outlined below are some of those measures.
The average car weight fluctuates between 3000-4000 pounds or two tons. Contrast that with the world average weight of a person (136.7), and you have a disproportionate, deadly power imbalance on your hands. Even if a pedestrian collision isn’t fatal, it’s highly unlikely that they’ll be able to walk away from a crash unscathed.
Someone needs to contact the necessary authorities. If you’re conscious and able to talk following the accident, the onus is on that someone being you. But if you’re incapacitated unconscious in the wake of an accident, the responsibility to call 9-1-1 is on the driver involved and/or any witnesses at the scene. Either way, someone has to dial, and someone needs to make sure that paramedics, police, and other appropriate first responders arrive at the scene.
In the immediate aftermath of a pedestrian crash, and in the lead up to the case with an Austin pedestrian accident lawyer, you’ll want to compile as much evidence as you can. This entails taking stock of your injuries and the other party’s injuries, having a first responder or insurer note your details, and record video or photographic evidence of the accident if you’re able.
In some instances, the driver may speed away, but if they remain at the scene, be sure to note their plate number, name, address, license number, plate number, and any relevant insurance information. Do not divulge unnecessary information or speak at length about fault to the driver or driver’s insurer in case they try to weaponize these statements against you during litigation. If you were unable to obtain the motorist’s info directly, find their insurer and request the respective contact info and claim number from them.
Above building a legal case, the first priority following an accident should be ensuring the safety and wellbeing of every party involved. Make sure someone calls the appropriate first responders, and make sure those first responders act as unbiased, neutral, and objective third parties when cross-referencing the accident.
You might not possess the physical or psychological wherewithal to have a 100 percent cognizant recollection of what happened. That’s why it’s crucial to have first responders attend to the scene ASAP, and that’s why it’s crucial to have them corroborate the facts at hand, so you can reference those facts later.
A pedestrian struck in a motor vehicle collision is likely not the party at fault and likely the one who’s suffered the most severe injuries out of any party involved. These injuries can not only leave behind physical anguish, but mental and financial anguish as well, and to add insult to those injuries, the motorist at fault’s insurer might place the blame on you and actively deny any accountability.
If you or a loved one suffered a pedestrian accident in the area, call the Austin pedestrian accident attorneys at Terry & Kelly, PLLC, to learn your rights and find out if you have a settlement case. These consultations demand no-cost, no-obligation, and no fees unless you win your claim, so what do you have to lose? Contact our firm today to learn more and earn the compensation you deserve!
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