Whether taking a casual stroll, walking across the street, or on your daily commute, getting hit by a car is probably not something you are actively concerned about. Unfortunately, it does happen.
The latest data from the National Highway Traffic Safety Administration (NHTSA) estimates that 7,388 pedestrians died in traffic crashes occurring on public roads in 2021.
Knowing what to do if you get hit by a car is essential to receive maximum compensation for your injuries and ensure your well-being.
Below, our El Paso, Texas personal injury lawyers go over the steps you should take after being hit by a car as a pedestrian. If you have questions, please contact us right away.
I Got Hit by a Car While Walking | Steps I Should Take
Though every situation is different, these are some of the steps we recommend.
If the accident has already happened, some of these steps may not be as relevant but are still good to know and may apply to other accident situations.
Safety First
If you are in the middle of the roadway and can move to the side, you should do so.
It is not uncommon for secondary accidents to occur because other vehicles cannot stop in time once they recognize something has happened. In other situations, they may not see you at all.
Notify the Police
If someone has not already called the police (911), you should do so. Even if there is no emergency, it is important to have a police report.
Unfortunately, most of the time, pedestrian accidents result in significant injuries. It is likely that local emergency medical personnel will also be sent to the scene of the accident. You can retrieve a copy of the police report later.
Photograph the Scene
Taking photographs of the accident scene could help demonstrate the conditions that were at play and the angles of the vehicle.
Assuming you were the one that was hit, this is likely not as impactful as it would be if vehicles collided, but it could be relevant. Consider also taking photographs of your injuries.
Driver Contact Information
Request the contact information of the driver of the vehicle that hit you.
It is also good to record specifics about their vehicle like, the license plate number, make, model, year, color, etc.
You will also want to get their vehicle insurance information. If you were hit by a commercial vehicle, write down the name of the driver working for the company.
Witness Testimony
If there are witnesses to the accident, it is worth asking if they are willing to provide a statement.
One way to do this is to obtain their contact information and email or have your attorney email them requesting a statement about what they saw.
Receive Medical Attention
You should accept any medical attention offered. Adrenalin is good at masking pain.
Even though you may feel alright at the moment, you may have more significant injuries than you realize. Depending on the nature of the collision, pedestrian injuries can range from minor to devastating.
Contact an Attorney
Ultimately, you will need to contact the at-fault driver’s insurance company, but this is also something that an attorney can do for you. You must not imply fault or sign anything.
An attorney can initiate your claim, negotiate on your behalf, and ensure you receive fair compensation if you have injuries from getting hit by a car.
Leading Causes of Pedestrian Accidents
According to the Texas Department of Transportation, in 2021, there were 5,370 crashes involving pedestrians in the state, resulting in 843 deaths, and 1,467 serious injures.
Fault can be attributed to several parties, including the driver, the pedestrian, or even the municipality responsible for maintaining the roadway. Common causes of pedestrian accidents can include:
- Drivers failing to yield the right-of-way to pedestrians,
- Driver inattention,
- Driving under the influence of drugs or alcohol,
- Excessive speed,
- Lack of visibility,
- Pedestrians failing to yield the right of way to vehicles,
- Pedestrians falling in the roadway,
- Pedestrians jumping onto the road,
- Malfunctioning or absent traffic signals, and
- Poorly maintained roadways
Always be cautious when walking near roadways, maintain a safe distance, and be aware of your surroundings. Distractions such as texting and talking on the phone can also lead to accidents caused by both pedestrians and drivers.
Who Is Liable for You Getting Hit by a Car?
Understanding how your accident occurred is important to determining who should be held legally responsible for getting hit by a car. A personal injury attorney can evaluate the facts of your case and investigate what happened.
In some situations, you may be found partially at fault for the accident, but you may still file a claim under state laws as long as you are not more than 50% at fault.
Texas follows the doctrine of modified comparative fault. According to this rule, the plaintiff’s award is reduced by their percentage of fault. For example, if you were awarded $100,000 but found to be 15% at fault, you would receive $85,000.
To avoid paying a large settlement, the defendant, and their insurance company may position the facts to make it seem like you are more at fault than you are. This is another reason that it is important to have a skilled attorney walk you through the process.
Contact a Texas Personal Injury Attorney Today
At Tawney, Acosta & Chaparro P.C., we know that injuries from getting hit by a car often result in tremendous consequences for the victim physically, mentally, emotionally, and financially.
While you focus on healing, we are committed to helping you receive the compensation you deserve.
With decades of combined trial experience and negotiating skills, our attorneys always fight aggressively for the well-being of our clients.
To schedule a free, no-obligation consultation, please call us today.
James Tawney
James Tawney is a native of the Southwest dedicated to serving his community. He was born and raised in Arizona, where he attended Northern Arizona University and graduated summa cum laude.
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