5 Steps To Take If You Are Injured In A Car Accident As A Pedestrian

Pedestrian accidents can leave survivors grappling with intense physical pain and overwhelming financial strain. Although you could be entitled to significant compensation for your injuries, securing a fair settlement isn’t always straightforward.

You should protect your rights to recovery by taking the following steps:

1. Make a Doctor’s Appointment, and Keep Close Tabs on Your Symptoms

Your priority after any accident should always be your physical well-being.

Even if you do not believe that you have been seriously injured, take a trip to a walk-in clinic or schedule an appointment with your family doctor. Many of the most common pedestrian accident-related injuries—including concussions, rib fractures, and even internal organ damage—aren’t always apparent and sometimes escape immediate detection without an examination or medical imaging test.

Aside from allowing you to receive care, going to the doctor’s office could preempt an insurance company’s later claims that you’re exaggerating the extent of your injuries.

2. File a Report with the Right Insurance Company

If you plan to submit an insurance claim or file a personal injury lawsuit, you must send a written notice detailing the circumstances of your accident “to the applicable No-Fault insurer” within 30 days of the accident. The “applicable No-Fault insurer” could include any of the following:

1. The at-fault driver’s no-fault insurance provider;
2. A household relative’s no-fault insurance company, if the driver did not have insurance or fled the scene of the crash; or
3. The New York Motor Vehicle Accident Indemnification Corporation.

Pedestrian accident victims are typically required to submit a no-fault insurance claim before trying to file a lawsuit.

3. Keep Track of Evidence and Medical Records

Evidence can make or break a personal injury claim.

After an accident, keep track of any relevant records and evidence you might have, including—but not limited to—the following:

1. A copy of the police crash report;
2. Pictures you took at the crash scene;
3. Photographs of your visible injuries;
4. Your medical records, including diagnoses, treatment plans, and referrals; and
5. The names and contact information of any eyewitnesses.

Even if you didn’t have the chance to take pictures at the accident site or speak to eyewitnesses, an experienced New York pedestrian crash lawyer could help you track down any evidence you weren’t able to obtain.

4. Don’t Rush Into a Settlement

Personal injury lawsuits often involve high stakes—not just for victims, but for insurance companies, too. And, because insurance companies are profit-oriented enterprises, paying a settlement without asking questions is rarely in their best interest.

Before offering benefits, you may be contacted by an insurance adjuster, who could ask you to do any of the following:

1. Provide a recorded statement;
2. Sign a medical records release; or
3. Approve a preliminary offer of settlement.

However, speaking to an adjuster without first consulting an attorney could seriously damage your case—they can use your words against you, or attribute your injuries to a pre-existing condition. Even if they offer a settlement, it might not account for all of your damages.

5. Contact an Experienced New York Pedestrian Accident Attorney

The Dietrich Law Firm P.C. has spent decades successfully fighting for the rights of pedestrian accident victims—and we have the results to prove it. Please send us a message online to schedule your free consultation.