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What to Do If You Are Hit by a Car as a Pedestrian: A Legal Guide

Posted on December 6, 2024

pedestrian hit by car

Being hit by a car as a pedestrian is a terrifying experience that can leave you with serious injuries, emotional trauma, and long-term financial struggles. In Alabama, pedestrian accidents are unfortunately common, and they often result in severe personal injuries from drivers’ negligence. Understanding the immediate steps to take after an accident and knowing your legal rights is crucial for protecting yourself and securing the compensation you deserve.

Immediate Steps to Take After Being Hit as a Pedestrian

After being struck by a vehicle, the priority is always safety and medical care. Whether the accident was minor or serious, your health should be your primary concern. Here are some of the first steps you should take:

  • Seek medical attention – Even if you do not immediately feel injured, it’s important to seek medical care. Some injuries, like internal bleeding or whiplash, may not show symptoms right away. Getting checked by a healthcare professional ensures your injuries are documented and can help establish the severity of your case later on.
  • Call the police – Report the accident to the police immediately. A police report is essential for documenting the incident and providing an unbiased account of the situation. It also helps ensure that the driver is held accountable and that an investigation is conducted.
  • Document the crash scene – As soon as you are able, gather information from the scene. This includes taking photos of the accident scene, your injuries, and the vehicle involved. This documentation will be valuable evidence for your case and can help prove the driver’s fault.
  • Do not admit fault – Even if you believe you might be partially at fault, avoid admitting it to anyone at the scene. Alabama follows pure contributory fault laws as outlined in Alabama Rules of Civil Procedure Rule 8(c), meaning your compensation would be reduced if you are found partially responsible. It is crucial to let the police and your car accident lawyer with Drake Injury Lawyers handle the details of the fault.

Key Documentation and Evidence to Collect

Having the right documentation can make or break your case. Gathering critical evidence after the accident will help strengthen your claim and ensure that you receive fair compensation.

  • Collect the name, phone number, and driver’s license number of the driver. Additionally, gather contact details from any witnesses at the scene who can support your account of the accident.
  • Keep a record of all treatments, doctor visits, and medical bills related to the injuries caused by the accident. This documentation will be essential for claiming compensation for medical expenses.
  • Take as many photos and videos as possible of the scene, the vehicle involved, and any visible injuries. This visual evidence can be used in negotiations or court to support your case.
  • Make sure to get a copy of the police report filed at the scene. This official document contains valuable details, such as the officer’s observations and the statements from the involved parties.
  • Write down your recollection of the events immediately after the accident while your memory is still fresh. This can help provide clarity and consistency in your statements moving forward.

Pedestrian Accident FAQ

What should I do if the driver flees the scene?

If the driver leaves the scene, it’s important to gather as much information as possible, including vehicle description, license plate, and any witness contact details. The police will initiate an investigation, and your lawyer will help pursue the driver’s identification and hold them accountable.

How long do I have to file a pedestrian accident claim in Alabama?

In Alabama, the statute of limitations for personal injury claims is two years from the date of the accident as described under Alabama Code § 6-2-38. Some exceptions exist, such as if your injuries were not immediately diagnosed, which may give you additional time to pursue legal action. If you are confused about how much longer you might have to file your claim, do not hesitate to contact your Alabama truck accident attorney with our firm for more information.

Will my medical bills be covered if the driver is uninsured?

If the driver is uninsured, you may be able to pursue compensation through your own uninsured motorist coverage or seek a lawsuit against the driver personally, though this can be challenging if they lack assets. Your lawyer can help explore all available options.

Turn to a Reliable Alabama Pedestrian Accident Lawyer for Help Today

If you have been hit by a car as a pedestrian, you do not need to face the aftermath alone. At Drake Injury Lawyers, we understand the physical, emotional, and financial challenges you are likely facing, and we are here to help. With our dedicated team, we can help guide you through every step of the legal process, from gathering evidence to negotiating with insurance companies, all while fighting for the compensation you deserve.

Let us help you take the first step toward justice. Your pedestrian accident lawyer with Drake Injury Lawyers has decades of legal experience and is ready to help you get the compensation you need to recover and move forward, so fill out our quick contact form or call us to schedule your 100% free consultation as soon as today.