An elderly woman is using a cane at the crosswalk and an oncoming speeding vehicle fails to stop. A college student pulls away from a parking lot with alcohol in his system and fails to see someone jogging at night. Both situations lead to life-changing pedestrian accidents. A pedestrian accidents can be particularly devastating because the pedestrian has no protection from injuries that would occur from the impact of an oncoming vehicle. Major risk factors for a pedestrian accident include speed, location, vehicle size, and alcohol. Even slow to moderate speed vehicles can lead to tragic consequences for the pedestrian. Further, statistics grow a grim picture.
Where Do Pedestrian Accidents Happen?
Every day, up to 20 people go outside and become pedestrians hit by moving vehicles. While rural areas pose their own set of risks, most pedestrian accidents occur in urban areas. Most recent data suggest that 84 percent of pedestrian traffic deaths happen in urban settings and 24 percent of these accidents happen in intersections. Further, the latest estimates suggest that up to 7,522 pedestrians died in traffic crashes occurring on public roads, which is the highest number since 1981. The Sunshine State is ranked one of the most dangerous places for pedestrian accidents.
What Do I Do after a Pedestrian Accident?
1. Call Emergency Services
Call 911 immediately and request medical assistance: It is required by Florida Law to report an accident to law enforcement, however minor injuries may be. Medical personnel should evaluate everyone involved in the accident. Some injuries, such as internal bleeding or concussions, might not be immediately visible. An ambulance may be needed as well.
Police involvement: While a pedestrian accident can be an entirely overwhelming event, it is extremely important to work with law enforcement as best you can. This may also be crucial in the case that insurance claims or legal actions are involved.
2. Make sure that you are safe
Check for injuries right away: Checking for pedestrian accident injuries is first and foremost. If you are the driver of the vehicle and able, check the pedestrian for injuries. However, if you or anyone else is injured, you may be advised by medical personnel to not move until law enforcement and an ambulance arrive.
Move to a safe location, if possible: If the pedestrian or the driver is in a position of danger, such as a busy road or intersection, try to move to a safer area.
Turn on hazard lights: If you’re a driver involved in a pedestrian accident, you may turn on your hazard lights to alert other drivers and reduce the risk of further accidents.
3. Document the Scene
Exchange information with any other involved parties: While the police report will include the driver’s and pedestrian’s contact information, you may also exchange contact information with the involved parties. If the pedestrian is injured and cannot provide information, the police report will include their details.
Take photographs of the scene: Any photos and/or videos of the accident, including the location, crosswalks, traffic signals, damage to vehicles, injuries, and any other relevant factors such as weather and road conditions may be helpful if an insurance claim or legal action happens.
Speak with witnesses: If there were any witnesses to the accident, ask for a brief statement about what they saw and get their contact information. Sometimes witness statements can be valuable for future insurance claims or legal proceedings.
Write Down What Happened: When possible, but as soon as you can, write down important details about the accident and what you remember. The written account may be helpful documentation when you speak to an attorney.
4. Do Not Admit Fault
It is important to allow law enforcement to gather information on their end and complete their investigation, but it is also critical that you keep the information to the facts and do not speculate about what happened. Pedestrian accidents can be overwhelming and you may not be in the right frame of mind to make any statements about fault or the causes of the accident.
5. Seek Medical Attention Even If You Do Not Go to the Hospital
Get medical care immediately: You should receive a medical evaluation right away. While some injuries may not appear to require emergency room treatment, injuries such as whiplash may be symptoms that appear the next day or days later. You should report your injuries to your primary care provider so that you begin documenting your medical history related to the accident. Further, be sure to keep all medical records and bills, as they may be important for insurance or legal claims.
6. Review the Police Report
Review the report: Make sure that you review the police report and attempt to correct any inaccuracies. For example, contact information may be entered incorrectly or the report may accurately reflect what happened. You may contact the law enforcement agency to try to amend any errors.
7. Consult a Lawyer and Report the Accident to the Insurance Company(ies)
Seek legal advice: You will want to consult an experienced pedestrian accident attorney right away after the accident. The attorney can make sure that you protect your legal rights, and may help with future issues, such as navigating the insurance claims process, and help you negotiate settlements.
Before speaking to an insurance company, it may be in your best interest to consult with an experienced pedestrian accident attorney. Your insurance company will want a statement from you as soon as possible so be sure to contact an attorney right away, once you are safe and recovering from the accident.
Be mindful of the Statute of Limitations: There are time limits (statutes of limitations) for filing legal claims related to pedestrian accidents, which in Florida is two years from the date of the accident.
Following these steps can help protect your health and legal rights, whether you’re the pedestrian or the driver involved in an accident.
What Causes Pedestrian Accidents?
Each accident has a different set of circumstances, but often in pedestrian accidents, drivers may be found negligent. Many drivers are distracted by the increased use of smartphones and vehicle controls. Other reasons have to do with drowsiness, alcohol use, speeding, and running red lights.
Reasons other than driver negligence may be pedestrian errors. Jaywalking, crossing against traffic signals, and distractibility due to smartphone or headphone use may also contribute to the cause of a pedestrian accident.
Weather conditions that may affect pedestrian safety include poor visibility from rain, fog, or snow. Visibility is another risk factor for pedestrian accidents, including walking across the street at night, and unfortunately, a majority of pedestrian accidents happen during nighttime, specifically between 6 p.m. and midnight.
Age is an additional risk factor for pedestrian accidents as children do not have the cognitive and traffic skills to navigate the roads safely, even by walking at times. Children under the age of 15 have accounted for up to 30 percent of pedestrian accident injuries in previous years.
What Kinds of Injuries Do Pedestrian Accidents Cause?
Pedestrian accidents are extremely dangerous. Pedestrian accidents are often severe with life-changing and tragically, fatal injuries. These accidents can cause internal injuries to the chest and abdomen, spinal injuries, traumatic brain injuries, and fractures and broken bones. These injuries are often permanent and life-altering.
Who is Liable for a Pedestrian Accident?
Liability may be straightforward or complex depending on the details of the accident. Straightforward cases involve either the driver being considered at-fault for the accident or the pedestrian. In some cases, both the pedestrian (if jaywalking, for instance) and the driver (if driving distracted, for example) may be considered negligent and at-fault. In that case, both would share liability for the accident. The insurance companies will determine liability based on their investigation of what happened, driver and pedestrian statements, and the police report.
How Long Does It Take to Settle a Pedestrian Accident?
Settling a pedestrian accident in Florida can take anywhere from several months to several years depending on the complexity of the case. Factors that affect this length include the willingness of the involved parties to settle the case, whether the case can be settled before going to trial, and the complexity of the case, including how severe the injuries are. Pedestrian accident cases that involved minor injuries may be settled within six months, whereas cases that involved long-term and severe injuries may take close to a year or over a year to settle.
It is important to work with an attorney whom you trust and remain patient while you are trying to recover from the accident and waiting for a fair settlement. Contact Clayton Trial Lawyers and schedule your consultation today.