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10 Steps to Take to Help Improve the Outcome of Your Pedestrian Accident Claim
When someone is involved in a pedestrian accident in Sacramento or elsewhere, the outcome can include catastrophic injuries and other damages. With more than 67,000 pedestrians in one year across the nation, these types of incidents occur more than you might think. If you’re dealing with injuries and losses related to a pedestrian accident, the steps below can help increase your chance of appropriate compensation.
1. Ensure Injuries Are Well-Documented
When you’re involved in a personal injury case of any type as the plaintiff—the person bringing the lawsuit—you carry the burden of proof. That means you have to demonstrate that someone else caused your injuries and that they did so via negligence. Even further, you may have to demonstrate that the injuries actually exist and that they are related to the accident in question. This can require you to present medical records and other documents related to your injuries.
It’s important to ensure your injuries are well-documented from the very beginning. If you are hurt in a pedestrian accident, get medical care immediately to start the documentation process. Even if you feel you can walk away from the accident, let first responders examine you and follow their advice about further immediate medical care.
2. Report the Incident to Law Enforcement as Soon as Possible
Call 911 to report the incident and request assistance at the scene if you or anyone else is hurt. If you can’t call 911 yourself, try to ask someone else to do it. If you were not conscious or were otherwise unable to speak to law enforcement at the scene, consider getting the police report of the accident and talking to law enforcement officers later to provide your version of events.
3. Gather Evidence From the Accident Scene If Possible
If you—or a trusted friend or family member—can safely take pictures or video of the accident scene, those images may be important evidence in your case. These types of images can help accident reconstruction experts more accurately detail what likely happened in an incident. They can also be used to support or call into question witness accounts.
4. Get a List of All Potential Witnesses
Witness testimony can be important in a pedestrian accident case. When possible at the accident scene, collect the names and phone numbers of potential witnesses. You can do this by writing them down on a piece of paper or storing them as contacts in your phone.
It’s not always feasible for someone involved in a pedestrian accident to gather a list of witness names and phone numbers at the scene, though. If you are not able to do this, you can still get information about witnesses from the police accident report.
5. Keep Detailed Records
Consider keeping a journal starting as soon as possible after the accident. Record information about how you feel and what impact your injuries have on your day. You might also record expenses associated with your injuries, including lost wages and medical bills. It can be a good idea to have a folder or specific location where you store all documents related to the accident and any associated expenses; this makes it easier to access that paperwork or bring it along to a consultation with a personal injury attorney.
6. Don’t Accept Insurance Payouts Without Talking to a Lawyer
In some cases, accepting payment of any type from an insurance company may waive your right to seek further compensation later. Before you sign anything offered by your insurance provider or accept any payment, consider talking to a lawyer about your options and whether the settlement offered is appropriate.
7. Consider All Potential Losses Related to the Accident
A personal injury lawyer can help you understand all of the potential losses you might claim and how to seek compensation for them. For example, you may be able to seek more compensation than the amount equal to your current medical bills. It’s critical to think long-term, especially if you’re dealing with a catastrophic injury that may need long-term treatment or keep you from working for months or even years.
8. Know What the Statute of Limitations Is for Your Claim
While you don’t want to rush into accepting the first settlement your insurance company might offer, it is important to know how the statute of limitations may impact your case. An experienced pedestrian accident lawyer can help you understand the various timelines that might be associated with your case and when you must make a final decision about filing a lawsuit.
9. Be Aware of How Your Lifestyle Might Impact Your Claim
Consider whether how you live your life may reduce the credibility of your case. Insurance companies do order surveillance in some cases, and if you are living a highly active, mobile lifestyle, it may reduce the credibility of claims that you cannot work. It’s not that you can’t live an enjoyable lifestyle or that you can’t be active—it’s that you should understand how a defendant might try to use these types of details against your case and prepare a counterdefense to potential attacks.
10. Work With a Personal Injury Attorney Experienced With Pedestrian Accidents
Increase your chances of success in maximizing compensation by working with a personal injury lawyer. You can contact the Weinberger Law Firm by calling 916-520-0476.
