By Admin
•
March 3, 2020
Streets are often very busy. You typically have to contend with other cars, trucks, bicycles, and pedestrians as you navigate to your destination. Everyone using the roads, including pedestrians, needs to adhere to a set of laws. Yet sometimes accidents still occur. If you're involved in an accident in which your car strikes a pedestrian, take the following steps. Stop and See to the Pedestrian's Safety Fight-or-flight instinct often kicks in after an accident, and some drivers are motivated to flee the scene. However, the criminal charges of a hit-and-run accident are far more severe. So if you're involved in an accident with a pedestrian, your paramount duty is to stop. Make sure you're not obstructing traffic and that your hazard lights are engaged. Once your car is safely stopped, attend to the pedestrian. The act of moving a person who has been struck by a car is tricky. If they're ambulatory on their own, you can guide them to a safe space. If they're prone, though, you shouldn't encourage them to move because moving can make any injuries worse. You do want to stay with the pedestrian until help arrives. If the injured person can't move from the road, then you'll need to somehow minimize the risk of further injury. Assess the current traffic at the time of the accident to make the call of what to do to minimize that risk. Call for Help Your next step should be to call for medical help, both for yourself and the pedestrian. Often, the extent of injuries is not clear, so call for an ambulance even if both of you seem fine. Likewise, you should call the police — a 911 call should be sufficient. If you're a medical professional yourself, you might be inclined to help the pedestrian. Virginia law protects people who make a good faith effort to treat an injured person. Generally speaking, as long as you're acting in good faith, you should be exempt from liability regardless of the outcome. That said, you want to evaluate your own state after an accident before offering medical help. Document the Accident Scene Any time you're in a car accident, you should document the scene. You'll need this information for your insurance and for any potential legal issues that arise from the accident. You can start by noting the time, date, and location of the accident. You can also note the weather conditions. Likewise, make some notes about your version of the accident while it's fresh in your memory. Get the name and contact information of everyone involved. This contact information should come not only from the pedestrian but also from any potential witnesses. Also get the name and badge numbers of the officers who report to the scene. You'll later want a copy of the accident report as well. Finally, don't be afraid to take photographs of the scene of the accident. These photos should document property damage. Don't take photos of the pedestrian unless you have permission. Likewise, don't exchange information about the accident itself with the pedestrian or witnesses beyond contact information. Contact Your Insurance and an Attorney Whenever you're in a car accident, you need to contact your insurance company. The details you've collected from the accident will be very useful. You need to take this step even if your car didn't incur any damage because the pedestrian will likely file a claim. Your next step should be to contact a traffic attorney. If you're found to be at fault, then the pedestrian might be able to recover compensation for injuries. However, in some cases, the pedestrian is at fault. Jaywalking, crossing against the traffic signal, and walking in prohibited areas are examples of that situation. An attorney can help you navigate these instances of liability. Always be aware when you're on the road. In the unfortunate event, though, that you're involved in an accident with a pedestrian, take the above steps to protect yourself. If you need legal help, call Tolbert & Tolbert, LLP .