If you have been hit by a car as a pedestrian, get emergency medical help, move to a safe area if you can safely do so, and report the accident to the police. Your health comes first, followed by documenting what happened and protecting your legal options.
At Sweet James, our pedestrian accident lawyers can help you take the necessary steps after you’ve been injured. Our attorneys have experience helping injury victims for over 25 years. Read on to learn more about what to do after being hit by a car.
What Should You Do at the Scene of a Pedestrian Accident?
Call 911 if you or anyone else may be injured, and request police assistance. If you suspect a head, neck, or back injury, avoid moving unless staying where you are puts you in immediate danger, and follow the dispatcher’s instructions.
If your condition allows, gather basic information at the accident scene without putting yourself at further risk. Ask someone you trust to help if you need medical attention; do not delay emergency care to collect evidence. Here’s what you should do:
- Get the driver’s name, contact information, insurance details, license plate number, and vehicle description.
- Ask witnesses for their names and contact information.
- Photograph the scene, vehicle damage, visible injuries, crosswalks, traffic signals, and nearby signs.
- Note the collision’s time, location, weather, and lighting conditions.
- Ask responding officers how to obtain the police accident report or report number.
Do not argue with the driver or agree to a private payment before you understand your injuries and potential losses. If the driver leaves in a hit-and-run accident, do not chase the vehicle; share any identifying details and its direction of travel with police. Our team can help you with what to do after being hit by a car.
Should You Get Medical Care Even If You Feel Fine?
Yes. Adrenaline and shock can make it difficult to recognize injuries immediately, and some symptoms develop later. Get evaluated promptly after being struck by a car rather than assuming that being able to stand or walk means you are unhurt. Concussions, other traumatic brain injuries, internal injuries, and soft tissue injuries may not be obvious at the scene.
Call 911 for emergency symptoms such as loss of consciousness, trouble breathing, severe bleeding, or worsening confusion. Tell medical professionals that a vehicle struck you and describe all symptoms, including those that seem minor.
Follow your treatment plan, attend follow-up appointments, and report new or worsening symptoms. Medical records support your care and may also help connect your pedestrian accident injuries to the collision, although documentation alone does not establish legal responsibility.
What Evidence Should You Keep After Being Hit By a Car?
Preserve your photographs, witness information, and any communications with the driver or insurers. Keep damaged clothing and personal belongings when practical, and retain original files rather than relying only on edited images or screenshots. Save a copy of the accident report if you obtain one.
Save medical records, bills, receipts, and records of missed work after the accident. Pay stubs and employer documentation may help support a claim for lost wages. A dated journal can help you track pain, mobility limitations, and changes to daily activities, but stick to accurate observations rather than exaggeration.
Nearby businesses, homes, or vehicles may have recorded the accident on surveillance cameras or dashcams, and footage may be overwritten quickly.
A lawyer can help identify potential sources of pedestrian accident evidence and request preservation, although a request does not guarantee that footage exists or will be provided.
Can You Recover Compensation If You Were Partly at Fault?
Possibly. Fault in a pedestrian accident depends on the evidence and applicable state law, not simply on whether you were inside a marked crosswalk. Drivers and pedestrians may both have duties to exercise reasonable care. Traffic laws, right-of-way rules, and evidence of speeding, distracted driving, or failure to yield may be relevant when evaluating negligence.
Many states reduce compensation based on your share of fault under comparative negligence rules, sometimes subject to a fault threshold. Others apply contributory negligence rules that can bar recovery when an injured person shares responsibility, subject to applicable exceptions.
Sweet James can examine available evidence to assess responsibility and identify potential claims. Avoid assuming that you have no options because the driver or an insurance adjuster blames you. After being hit by a car, our team can help you recover damages for your losses.
What Compensation May Be Available for Your Injuries?
Depending on the facts and applicable law, a pedestrian injury claim may seek compensation for financial losses, often called economic damages, and the personal effects of an injury, often called non-economic damages.
The amount and availability of recovery depend on proof, responsibility, insurance coverage, and other case-specific issues. Our team can help you recover damages for the following:
- Medical expenses may include emergency care, hospitalization, rehabilitation, physical therapy, and reasonably supported future treatment.
- Lost income may include wages missed during recovery and reduced future earning ability when supported by evidence.
- Pain and suffering may account for physical pain, emotional distress, and other legally recognized effects of the injuries.
- Property damage may include personal items damaged in the collision.
No particular result is guaranteed. When evaluating compensation after being hit by a car, a careful assessment should account for both documented losses and reasonably anticipated future needs, including care for lasting disabilities, before you decide whether to settle.
How Soon Should You Get Legal Advice?
Consider seeking legal advice as soon as your immediate medical needs are addressed. Taking the right steps after being struck by a vehicle includes preserving evidence before it disappears and checking which deadlines apply.
The deadline to file a pedestrian accident lawsuit, generally governed by a statute of limitations, varies by state and claim type. Claims involving public entities may require a separate notice much earlier, and insurance policies may also impose reporting requirements.
Do not assume that ongoing insurance negotiations extend a filing deadline. Speaking with us early can help you understand the timeline and what information is needed to evaluate your claim.
Learn More About What to Do After Being Hit by a Car
Your recovery needs attention, and you should not have to guess about your legal options after a car hits you. Contact Sweet James to discuss the collision, your injuries, and the concerns you have about medical bills or insurance communications.
Reach out to us for a free consultation.
