According to NHTSA statistics, over 60,000 people were hurt in pedestrian accidents in 2006. Drivers should know what to do after a pedestrian accident. By talking to the right people in the right way, a driver can minimize their liability. Drivers should browse the site and read the following article to learn the rules on fault, damages, and injury compensation, and to learn how to prevent pedestrian accidents.
After an Accident: Steps to Take
A driver who hits a pedestrian is typically distraught after the accident; however, they should breathe deeply and remember the following:
• Safety should come first. Immediately after the accident, injured people should be moved to safety and drivers should not try to administer medical treatment beyond that required in emergencies.
• Get legal and medical assistance. The next step should be to call the police, doctors, and auto insurers. If a person faces criminal charges such as DUI, they should call an attorney if possible. When insurance adjusters and police arrive, the driver should give an honest account of the events surrounding the accident.
• Exchange information with others, but keep it short. If the victim isn’t incapacitated, they and the driver should exchange contact and insurance information. Drivers should not talk to the other person’s attorney or insurer without first receiving the advice of automobile accident attorneys in Dayton, OH.
When a pedestrian is hit, fault is often the biggest concern. Fault is typically determined based on negligence. A person who fails to be reasonably careful can be deemed negligent. Drivers and pedestrians can share negligence. For instance, a pedestrian can jaywalk, or a driver can drive too fast.
Some jurisdictions follow a rule of pure contributory negligence, where a pedestrian can lose their right to recovery if their behavior contributed to the accident in any way. Other areas use the rule of comparative fault, which means pedestrians can recover, to an extent, even if they share the blame.
Insurer and Police Findings
After an accident, police typically take statements from drivers, pedestrians, and witnesses to determine fault. The police may make findings right away, or a detailed investigation may be conducted. Adjusters often go to the accident scene or view the damage as soon as possible, and if a person believes an insurance company will inappropriately assign them blame, they should consider hiring automobile accident attorneys in Dayton, OH to argue for a lesser fault percentage. Contact Thorson, Switala, Mondock, & Snead, LLP to schedule a consultation.