People Hit by Cars: What to Do
If you’ve been involved in an accident where a person was hit by a car, you’re not alone. In fact, according to the Governor’s Highway Safety Association, pedestrian accidents have been on the rise. In 2020, nearly 7000 people were hit and killed by cars, an astounding 21% spike in fatalities.
Most accidents where a car has hit a pedestrian are caused by inattention. Too often, drivers or pedestrians are looking at their phones instead of the roadway. This can lead to serious accidents, which can be fatal. Read on to learn what you need to do next after someone has been hit by a car.
What Should You Do Right After a Pedestrian Accident?
After an accident, you might not be thinking straight. Your heart is racing, and your adrenaline is pumping. Even if the car was moving slowly, the person who was hit might have serious injuries. Knowing what to do ahead of time can help you make the best decisions in the moment.
First of all, the most important thing to do after someone is hit by a car is to get everyone to safety. Help everyone involved in the accident to the sidewalk or side of the road. You want to make sure further accidents don’t happen. If someone is unconscious, do your best not to move them unless they are on the road or are unsafe where they are. Spinal injuries can be exacerbated if handled incorrectly.
Next, seek medical attention. Common injuries from pedestrian accidents include traumatic brain injury, broken bones, chest, and abdominal injuries, and whiplash. Call an ambulance if the injuries are serious. Even if you think you haven’t been badly injured, it’s still a good idea to make an appointment with your doctor to be checked out.
If you and the other party in the accident are both well enough, make sure to collect their information before leaving the scene. You’ll want their name, number, and insurance information. Do not admit fault or say much else, even if you were the driver. Insurance companies sometimes use this to get out of paying a fair amount. You’ll also want to collect information from any witnesses of the accident.
Contact the police. They will gather statements from you, the other party, and any witnesses to the accident. The police officer may declare fault on the scene. Or, the police may have to conduct a full investigation to determine fault. You should obtain a copy of the police report afterward and keep it for your records.
Record, record, record. Make sure to take pictures of your injuries as they heal. Save copies of doctor’s visits and physical therapy appointments. You may even want to take pictures of the scene of the accident.
Talk with a pedestrian accident attorney. They can help you determine if you have a case. Whether you were the driver or the pedestrian, having someone on your side can help you protect yourself.
Pedestrian Accident Without Injuries
If you’ve been struck by a car, but you don’t seem to have any injuries, what should you do? You might be tempted to just brush the accident off. However, sometimes the adrenaline and stress hormones your body emits after an accident can cover up injuries. You might walk away from the accident only to feel pain later. Even if you have no visible injuries, make sure you collect the information of the driver and any witnesses.
You should also make sure to make a doctor’s appointment. Do not accept any settlements from the insurance company until you’ve seen a doctor. Some injuries, such as soft tissue injuries and concussions can take a while to show symptoms. Until you’ve been examined, do not make any statements or sign anything from the insurance company.
Some injuries from pedestrian accidents can take days or even weeks to present themselves. Here are some of the symptoms of a concussion to watch for:
Nausea and vomiting
Confusion and memory loss
Severe headaches
Blurry vision
Dizziness
Abnormal sleeping patterns, such as sleepiness during the day and trouble sleeping at night.
Ringing in the ears
Slurred speech
Whiplash is another common injury after a person is hit by a car. Here are some symptoms of whiplash to watch for.
Neck pain
Stiffness in the neck
Headache
Shoulder pain
Ringing in the ears
Blurry vision
Dizziness
Numbness and tingling in the arms
Trouble sleeping
What Happens If You Hit a Homeless Person?
As Oregon’s most populous city, Portland is also home to Oregon’s largest population of homeless people. And sadly, according to a recent study by the Portland Bureau of Transportation, over 70% of pedestrian fatalities last year were homeless. If you hit a homeless person with your car, you’re probably wondering what happens. The situation can be more complicated. People who are homeless are among the most vulnerable, often subject to untreated mental and physical illnesses and without a support system.
The first step, as with any injured pedestrian, is to help the person get medical attention. If they are seriously injured, call an ambulance. One of the biggest difficulties with pedestrian accidents involving the homeless is identifying the victim, especially in the case of fatalities. They probably don’t have a fixed address and may not have an ID on them. The police will search missing persons reports, arrest reports, dental records, or other legal records. If the person dies as a result of their injury, the medical examiner will lead the investigation.
You’ll need to report the accident to your insurance company. If you were at fault, your car insurance will have liability coverage, which should take care of the claim. You’ll also need to file a police report. If the injured person was at fault, the police report can help protect you. Make sure you get all the documentation you can of the accident. This will help you if the homeless person tries to sue you for damages. Do not leave the scene without reporting the accident. This is considered a hit-and-run. The penalties for you will be much more severe and may include jail time.
Who Is At Fault When a Pedestrian is Struck by a Vehicle?
In a personal injury case, determining who is at fault is of utmost importance. The same is true when a person is hit by a car. Every state has different laws in place to help determine fault. Some states have no-fault laws, which require the insurance companies to pay out to their policyholders. Oregon, however, has a contributory negligence rule.
Under Oregon law, a person hit by a car can claim damages even if they are partially at fault for the accident. If the pedestrian is 50% or more at fault, they will not be able to recover any damages. If they are 49% at fault or less, they will only be able to claim a percentage of the damages awarded. For example, if the pedestrian was awarded $50,000 in damages but was 30% at fault, they would only be able to receive 70% of the compensation, or $35,000.
How do I Handle Police Reports?
When someone is hit by a car, you will need to report the accident to the police. Do not be swayed by anyone to leave the accident unreported. The police will conduct an investigation and will help settle the matter of fault. They will collect accounts from all the witnesses. The police report will help hold responsible parties accountable for their actions. Whether you were the driver or the pedestrian, you’ll want to make sure you get a copy of the police report.
How Do I Handle Insurance?
After a person is hit by a car, the police will often determine fault at the scene. Most insurance companies will send an adjuster to do their own investigation. The insurance adjuster will interview both you and the other party. Be cautious when speaking with the adjuster. Here are a few tips for dealing with insurance companies:
Do not admit fault. Insurance companies often use this to lessen the amount they pay.
Do not sign anything or accept any settlements until you’ve received medical care.
You may want to speak with a pedestrian injury attorney. They can help you with your claim and counsel you on how to deal with insurance. Some insurance companies may try to unfairly assign you with more fault than you deserve. A pedestrian injury attorney can make sure you are treated fairly throughout the process.
People Hit by Cars: What to Do Next Conclusion
After a person has been hit by a car, you might be wondering what your next steps are. If you are seriously injured, you’re probably dealing with doctor’s appointments and physical therapy. You may also be suffering from the mental trauma that comes after a major accident. Then, there’s the issue of medical bills and insurance companies. You’ve got a lot going on.
Once you’ve received treatment, the most important thing for you to do is document everything and save all reports, both from the police and the insurance. This will ultimately protect you from being assigned more fault than you deserve.
Pedestrian accident cases can be complicated. If you or a loved one has been involved in a pedestrian accident, you can count on Powell Law. We’ll help you receive the max compensation on your claim so you can focus on healing. If you are the driver in the case of a pedestrian accident, Powell Law can defend you, protecting you from being assigned too much fault. Call today for a free consultation.
