Being hit by a car while walking is probably the last thing you expect to happen on an average day. But accidents do occur. If you are the victim of a pedestrian collision, it’s important to remain as calm and focused as possible.
This article will discuss the increase in pedestrian fatalities on the roads and outline the key steps you should take immediately.
Rising Pedestrian Deaths in the United States
The rise in pedestrian deaths in the United States has become a significant public safety concern in recent years.
Over 9,000 pedestrian fatalities were estimated in a National Centre for Health Statistics research. This is in both traffic and non-traffic incidents in 2022.
Non-traffic incidents refer to events occurring off public roads in places like driveways, parking lots, or other private property. As per Injury Facts, approximately 7,500 pedestrian fatalities resulted from traffic crashes on US roads in 2022.
The data also provides insight into common factors associated with pedestrian traffic deaths in 2022.
Most incidents reportedly took place in urban settings (84%) on the road itself rather than at intersections (76% vs 24%). Around three-quarters occurred under dark nighttime conditions, either with or without artificial lighting (74%).
Another report highlights the grave state of pedestrian safety on American roads. On average, 20 individuals walking outside ended up killed each day by a moving vehicle. As Russ Martin, senior director of policy at the Governors Highway Safety Association, told NPR, “More pedestrians are being killed today than in decades.”
Overall, the data paints a concerning picture of pedestrian deaths on US roads.
How Do You Respond as a Pedestrian When You’re Hit by a Car?
Being struck by a vehicle as a pedestrian can be a traumatic experience. It’s essential to remain calm and take immediate steps to protect yourself and gather necessary information.
Here’s a breakdown of the steps to take:
Seek Medical Care Right Away
If someone is hit by a vehicle and loses consciousness, the responsibility to get immediate medical help falls on the driver or any witnesses. Prompt action can be critical in such situations.
It is the person’s responsibility to do so if they are still conscious after being hit. However, after a collision, their bodily and psychological suffering may impact an individual’s ability to think clearly. It can also prevent them from noticing injuries, even if they don’t feel much pain.
For this reason, it’s always best to call emergency services immediately. Getting fully checked by doctors is crucial, even if the person believes they are fine.
Document Your Injuries
After ensuring emergency services have been contacted, take a few minutes to carefully evaluate how your body has been affected. Even if the adrenaline of the accident is masking pain, documenting injuries is critical.
Note any parts of your body experiencing discomfort or tenderness. Pay attention to visible marks or wounds. Check for tears or damage to your clothing as well.
Gently feel your head, face, and limbs for signs of bleeding. Due to shock, your body may not process the full extent of pain right away, even if external or internal bleeding is present. Being able to describe injuries accurately allows responders to treat you appropriately. On a side note, it is best to remain still and only do light self-checks to avoid the risk of further harm.
Consult a Personal Injury Attorney
If someone is injured in an accident that was not their fault, it’s important to contact an experienced personal injury lawyer. They can guide victims and families on the legal process and work to obtain fair compensation. Gathering evidence, documenting expenses and losses, and understanding the law are crucial parts of building a strong case.
As per TorHoerman Law, a lawyer will examine accident details to assess responsibility and potential claims. Your attorney can help you in protecting your legal rights while you focus on recovering. Finding an attorney familiar with local courts improves the chances of success. Be aware of deadlines, too. Many places have statutes of limitations for filing personal injury lawsuits.
Let us look at a real example to understand the importance of a personal injury lawyer.
In June 2023, a man was seriously injured after being hit by a vehicle early Friday morning in Edwardsville, Illinois. According to The Telegraph, the pedestrian was walking along the shoulder of Troy Road. This is when the driver drifted off the roadway and collided with him. He had to be airlifted to a hospital in nearby St. Louis for emergency medical treatment.
In severe incidents like this one, it’s important for victims to understand all of their potential legal options. Consulting a local Edwardsville personal injury lawyer ensures the victim understands his legal options to seek appropriate justice. Experienced representation helps navigate the system and upholds the rights of any harmed person through no fault of their own.
Reach Out to Your Insurance Company
In some cases, a victim may be able to recover costs through their own health or auto insurance. However, relying solely on insurance leaves out other damages like lost wages. It also risks having to repay benefits if pursuing a third-party claim successfully.
Some options to consider include:
- Submitting bills to health insurance and pursuing lost wages separately
- Filing under medical payments or uninsured/underinsured motorist coverage in your auto policy
- In no-fault states, possibly recovering some costs through personal injury protection (PIP), if eligible
- Government funds may assist in some no-fault states if lacking private insurance
- At-fault driver’s PIP in some no-fault locations
Additionally, homeowner’s or renter’s insurance could cover damage to personal items carried during the accident.
Hiring an experienced personal injury attorney is usually advisable to get complete and fair compensation. They may counsel on the appropriate course of action depending on the particulars and relevant legal requirements. This may include filing a third-party liability claim against the at-fault party’s insurance for all damages caused. The injured party will make sure to assert their legal rights with counsel while focusing on health first.
FAQs
What happens if a pedestrian shares blame for an accident?
A: Let us say a pedestrian is partially at fault for an accident in a state that follows contributory negligence rules. Then, they may not be able to receive any compensation. In comparative fault states, where multiple parties can be at fault, their damages may be lessened. This will be based on their assessed percentage of blame for the accident. For example, someone with $100,000 in damages and 20% of the blame could try to recover up to $80,000.
What type of vehicle commonly hits pedestrians?
A: According to a study, trucks, SUVs, and vans over 40 inches tall tend to cause more fatal pedestrian crashes than smaller cars. Vehicles under 30 inches are less likely to result in fatal pedestrian accidents. Their higher hoods and truck-like profiles associate them more with serious injuries regardless of brand.
What is important for pedestrian safety?
A: Certain roadway design features and behaviors can be helpful here. These include reducing speeds, limiting pedestrian exposure to traffic, and making movements more predictable for both drivers and pedestrians. To avoid collisions between pedestrians and drivers, it is imperative to address these fundamental problems.
In the end, being struck by a vehicle as a pedestrian is an incredibly traumatic experience. In those critical moments after an accident, it is essential to prioritize your health and safety by seeking prompt medical care. However, it is also vital to remember your legal rights and protect your ability to obtain proper compensation down the road.
By following the steps outlined here, you can ensure your needs are met throughout the recovery process from such an unfortunate incident. With the support of advocates and experts on your side, no victim has to face the aftermath alone.
