What to Do If You’re Hit by a Car as a Pedestrian

Being hit by a car as a pedestrian is a truly terrifying experience. It can happen in an instant and leave you with serious injuries and confusion about what to do next. Knowing what steps to take immediately after the accident is critical to protecting your health, legal rights, and financial interests, as well as that of your loved ones.

Let’s review a step-by-step guide on how to respond in this incident, as well as look at pedestrian laws specific to Idaho that can make all the difference in the outcome of your case.

Step 1: Prioritize Your Safety and Call 911

First and foremost, if you’re a pedestrian hit by a car, your safety is the priority. If possible, move out of traffic to a safe location. It’s also important to stay calm and collected so you can focus on the next steps. Contact 911 immediately, even if your injuries seem minor, to ensure that medical help and law enforcement are on the way. Idaho law requires all car accidents involving injury to be reported, so this step is essential.

Step 2: Gather Information

While waiting for help to arrive, gather as much information as possible. Be sure to exchange contact and insurance details with the driver who hit you. Collect statements from any witnesses since their accounts could be critical to your case. Also, document the scene by taking photos of the car, the road conditions, your injuries, and anything else that might be important. Idaho has specific laws regarding driver responsibility toward pedestrians, so having thorough documentation can be crucial to your case.

Note: If you’re seriously injured, Step 3 (Seek Medical Attention) becomes the immediate priority. Do not worry about gathering information on the scene if you’re unable. Focus on getting medical help first, and law enforcement will handle the rest.

Step 3: Seek Medical Attention

Even if you don’t feel injured following the accident, it’s important to seek medical treatment. Some injuries, such as concussions or internal injuries, may not present symptoms until later. Idaho law allows injured parties to recover compensation for medical expenses, but only if the injuries are properly documented. Follow up with your healthcare provider as needed to ensure that all your injuries are accounted for to support your personal injury case.

Step 4: File a Police Report

In Idaho, it is critical to file a police report if you’re a pedestrian hit by a car. The police report serves as an official record of the accident, which will be necessary if you file an insurance claim or a lawsuit. Make sure to provide the police with as much detail as possible, including your injuries, the driver’s behavior, and any witness statements. You’ll want to ensure that the report is thorough to protect your rights later on.

Step 5: Notify Your Insurance Company

Next, contact your insurance company to notify them of the accident. Your car insurance typically covers incidents where you’re hit as a pedestrian, especially if you have personal injury protection (PIP), which can help cover medical bills. For long-term compensation, it’s important to work with a skilled personal injury attorney to negotiate on your behalf. 

Step 6: Seek Compensation with a Personal Injury Attorney

Pedestrian accident claims can be complex, and navigating the legal process can be overwhelming. This is where a personal injury attorney, or pedestrian accident attorney, comes in. Personal injury attorneys will handle every aspect of your case, allowing you to focus on recovery.

Your attorney will gather and compile evidence to build a strong claim, including witness statements, medical records, and accident reports. They will then file a claim with the driver’s insurance company to pursue compensation for your medical expenses, lost wages, and pain and suffering.

Your attorney will also negotiate with the insurance company to ensure you receive a fair settlement. Insurance companies often try to settle for less than you deserve, but an experienced personal injury attorney will push back and advocate for full compensation. If the insurance company refuses to negotiate fairly, your attorney will be prepared to file a lawsuit and take the case to court, ensuring your rights are protected every step of the way.

Important To-Knows for Pedestrian Accident Cases

When seeking compensation and working with your personal injury attorney, it’s important to keep the following in mind: 

Idaho’s Pedestrian Laws

Idaho law provides clear protections for pedestrians, ensuring they are given the right-of-way in specific situations. For example, drivers must yield to pedestrians in crosswalks, whether they are marked or unmarked at intersections. Pedestrians also have rights on sidewalks and should be protected when crossing roads. However, pedestrians have responsibilities as well, such as avoiding crossing outside of designated crosswalks (jaywalking) and following traffic signals.

Understanding these laws is crucial because any violation, such as jaywalking or crossing at an undesignated point, could impact a pedestrian’s ability to recover compensation under Idaho’s comparative negligence rules. Your attorney can help determine whether any potential violation of these laws might affect your case and compensation.

Idaho’s Comparative Negligence System

In Idaho, the comparative negligence system allows you to seek compensation even if you’re partially at fault for an accident, as long as your fault doesn’t exceed 51%. This rule plays a crucial role in pedestrian cases. For instance, if you’re walking while distracted (e.g., using a phone), you could be found partially responsible for the accident. If you are found 20% at fault for crossing unsafely, your compensation would be reduced by that percentage. 

For example, if your damages totaled $50,000 but you’re found 20% at fault, your recovery would be reduced to $40,000. However, if you’re found 51% or more responsible, you won’t be able to recover compensation at all. This makes it essential to work with an attorney who can argue your case effectively, minimizing your share of fault and maximizing your compensation.

Key Takeaways

If you’ve been hit by a car as a pedestrian, knowing what to do immediately after the accident is essential to safeguarding your health and legal rights. Here’s some key takeaways to remember for this situation.

• Prioritize safety: Move to a safe location and contact 911 immediately, even if injuries seem minor.
• Gather information: Document the scene and collect the driver’s and witness information, if possible.
• Seek medical attention: Even minor injuries need medical evaluation to support your claim.
• Understand Idaho’s laws: Idaho’s pedestrian laws and comparative negligence laws can affect your case, especially the 51% fault rule.
• Work with an attorney: A personal injury attorney will guide you through filing claims and negotiating with insurance companies to ensure fair compensation.

Need help with your pedestrian personal injury case? I’m here to help! Reach out today for a free consultation to share the specifics on your case.