Being involved in a pedestrian accident can be a truly harrowing and life-altering experience. Unlike occupants of vehicles who have the protection of airbags and steel frames, a pedestrian struck by a car, truck, or motorcycle has virtually no defense. The human body, exposed and vulnerable, often sustains severe, life-changing injuries. While the physical wounds may be immediately apparent, the emotional and psychological trauma can be just as profound, often lingering long after the visible injuries have healed. If you have survived such a devastating event, understanding your rights and the steps you should take is crucial for your recovery and for securing any necessary compensation.
Immediate Steps After Being Struck
Your safety and well-being are the absolute priority following a pedestrian accident. Even if you feel shaken but unhurt, adrenaline can mask significant injuries.
Prioritize Safety and Seek Medical Attention: If you are able, move to a safe location away from traffic. Do not attempt to move if you suspect a head, neck, or spinal injury. Immediately call 911 (or have someone call for you). Request paramedics to the scene. It is vital to be examined by medical professionals, even if you don’t feel injured. Some serious injuries, like internal bleeding or concussions, might not present symptoms for hours or even days. A prompt medical evaluation also creates an official record of your injuries linked to the incident.
Do Not Assign Blame or Apologize: When speaking with the driver, witnesses, or police, stick to the facts. Do not apologize or make any statements that could be interpreted as admitting fault, even if you feel partially responsible. Let the investigation determine liability.
Gather Information (If Possible): If your condition allows, collect as much information as you can. Get the driver’s name, contact information, insurance details, and vehicle make, model, and license plate number. Note the time and exact location of the accident.
Identify Witnesses: If there are any bystanders who saw what happened, ask for their names and contact information. Their independent accounts can be invaluable.
Document the Scene with Your Phone: Take photos and videos of the accident scene, including vehicle damage, your injuries, road conditions, traffic signals, skid marks, and anything else relevant. Capture different angles and distances.
The Days and Weeks That Follow: Protecting Your Health and Rights
The aftermath of a pedestrian accident extends far beyond the initial moments. The actions you take in the subsequent days and weeks are critical for both your physical recovery and any potential legal claim.
Follow All Medical Advice: Adhere strictly to your doctor’s recommendations. Attend all follow-up appointments, physical therapy sessions, and specialist consultations. Skipping appointments or not following treatment plans can not only hinder your recovery but also be used by insurance companies to argue that your injuries are not as severe as claimed.
Maintain Detailed Records: Keep meticulous records of all medical bills, prescription receipts, transportation costs to appointments, and any other out-of-pocket expenses related to your injuries. Also, document any lost wages due to being unable to work. Consider keeping a pain journal to record your daily symptoms, limitations, and the impact the injuries have on your life.
Avoid Social Media: Refrain from posting anything about the accident, your injuries, or your recovery on social media. Insurance adjusters and defense attorneys frequently monitor social media for information that can undermine your claim. Even seemingly innocuous posts can be twisted and used against you.
Do Not Speak with Insurance Adjusters Alone: The at-fault driver’s insurance company will likely contact you quickly. While they may seem helpful, their primary goal is to minimize their payout. Do not give recorded statements, sign any documents, or accept any settlement offers without first consulting with a qualified personal injury attorney.
Consult a Personal Injury Attorney: This is perhaps the most crucial step. Pedestrian accident cases can be complex, involving unique legal considerations regarding right-of-way, driver negligence, and sometimes even road design flaws. An experienced personal injury attorney can:
- Thoroughly investigate the accident.
- Gather and preserve vital evidence (e.g., traffic camera footage, police reports, expert witness testimony).
- Understand the specific laws and regulations regarding pedestrian rights in Florida.
- Accurately assess the full extent of your damages, including future medical costs and long-term impacts.
- Negotiate with insurance companies on your behalf, protecting you from unfair tactics.
- File a lawsuit if a fair settlement cannot be reached, advocating for you in court.
- Ensure you receive the full and just compensation you deserve for medical expenses, lost income, pain and suffering, emotional distress, and other losses.
Moving Forward After the Impact
Surviving a pedestrian accident is just the first step in a long journey toward recovery. The physical and emotional toll can be immense, and the legal complexities can feel overwhelming. By prioritizing your health, meticulously documenting your experience, and enlisting the expertise of a dedicated personal injury attorney, you can navigate this challenging period with confidence. Your focus should be on healing; let a legal professional handle the intricacies of securing the justice and compensation you rightfully deserve.
Pedestrian Accident FAQs
What kind of injuries are common in pedestrian accidents? Due to the direct impact and lack of protection, pedestrians often suffer severe injuries, including traumatic brain injuries (TBIs), spinal cord injuries, broken bones (fractures), internal organ damage, severe lacerations, road rash, and extensive soft tissue damage. Psychological trauma, such as PTSD, anxiety, and depression, is also very common.
Who is typically at fault in a pedestrian accident? While drivers often bear significant responsibility due to their duty of care on the road, fault can depend on various factors, including who had the right-of-way, whether either party was distracted (e.g., texting while walking or driving), speed, road conditions, and adherence to traffic laws. Florida is a comparative negligence state, meaning fault can be shared. Even if you are found partially at fault, you may still be able to recover compensation, though your award might be reduced by your percentage of fault.
How long do I have to file a claim? In Florida, the statute of limitations for personal injury claims, including pedestrian accidents, is generally two (2) years from the date of the accident. However, it is always best to contact an attorney as soon as possible, as gathering evidence and building a strong case takes time. Delaying can also make it harder to link your injuries directly to the accident.
What types of compensation can I receive? You may be eligible to recover compensation for a range of damages, including medical expenses (past and future), lost wages and loss of earning capacity, pain and suffering, emotional distress, loss of enjoyment of life, and other out-of-pocket expenses related to your injuries and recovery.
Should I talk to the driver’s insurance company? No, it is highly advisable not to speak directly with the at-fault driver’s insurance company without legal representation. They are not on your side; their goal is to minimize their payout to you. Any statements you make could be used against you to devalue or deny your claim. Direct all communication through your attorney.