¿Qué pasos debe tomar después de un accidente vehicular?

agosto 20, 2020

After being hit by a vehicle, it’s a good idea to contact an experienced pedestrian accident attorney in Boston. If you’ve been injured in such an accident, contact Michael Kelly for help.

Nothing is better than a brisk, long walk. Whether it is an integral component of your exercise regimen, getting from one point to the next, or just a relaxing stroll so you can gather your thoughts, there are many benefits provided by walking. Unfortunately, we forget at times that walking near the street can be as dangerous as driving a car. You always need to be on the lookout for potential hazards that are in your path, particularly vehicles with inattentive drivers.

Pedestrian Fatalities: Concerning Numbers

The National Highway Traffic Safety Administration conducted a research study on pedestrians for the years 2000 to 2009. The study found that on average, pedestrians were involved in 11% of fatal traffic-related accidents. In 2009 alone, 4,092 pedestrians died in traffic accidents.

Although fatal pedestrian-related accidents are caused by many things, the most common causes of fatalities may be attributed to the following:

  • Walking and/or driving under the influence
  • Age (the very old and the very young)
  • Time of day (walking during the day versus at night)
  • Hazardous weather conditions
  • Pedestrians walking in non-motorist areas

The motorist is often at fault in pedestrian-related accidents. However, that is not always true. There are times when an inattentive pedestrian might be as much at fault for an accident as an inattentive driver. When walking, pedestrian safety precautions should always be followed.

What Steps Should I Take After Being Hit by a Vehicle as a Pedestrian?

Being hit by a vehicle as a pedestrian is one of the most traumatic things that a person can experience in life. Victims will suffer not only physical injuries, but also psychological and emotional issues which can arise also. In numerous cases, losing time from work that results in financial hardships can also be experienced by the victim when injuries are severe. When a person is struck by a vehicle, it can also interfere with their ability to carry on with regular daily self-care activities like caring for their family or home, bathing, dressing, eating, or sleeping.

Many pedestrians who are in a vehicle-related accident become knocked unconscious when struck, while other people might be just dazed. However, even if you are conscious after you have struck by a vehicle, most likely you will be in mental or physical shock. No matter what the situation is, as soon as you can think clearly, it is important for you to take certain steps after the accident to ensure that your legal rights are protected.

The list that follows is some commonsense steps that can be taken after you realize that a vehicle has struck you. The steps should be taken immediately in order to protect your legal rights, yourself, and your future.

Immediately Seek Medical Care

If you are unconscious after being struck by a vehicle, the responsibility falls on witnesses (if available) or the motorist. However, if you are still conscious after you are struck, then you are responsible. The emotional and physical shock that your body will most likely suffer after the accident can cloud your judgment as well as your ability to recognize injury and pain. For immediate assistance, call 911 and get a comprehensive medical exam done even if you believe you are feeling fine. 

Document Your Injuries

After you have sought medical assistance, take your own personal inventory.

  • Do have any visual injuries?
  • What parts of your body are experiencing pain?
  • Are your clothes torn? Torn garments can be an indication that part of the body has been injured but might not be in pain right now.
  • Feel your extremities, head, and face. Do you see any blood? You might be bleeding but your body might not have the ability to process the pain because of shock.

Note all of your pain and injuries. Report these to paramedics and medical staff as soon as possible.

Contact the Police

It is recommended that you make notes listing the events that led up to your accident. However, there is only a low chance that you will be able to physically or emotionally recall the information later on. Even if you can recreate the chain of events, you might not have a pen or paper to write everything down.

Your attorney or insurance company might need a police report documenting the accident. It is also the ideal time for you to explain precisely what happened before you were struck. Your injuries might cause your memory to fade, or you could just naturally forget certain details. It is very important to document every step with a police officer that led up to you being stuck as soon as you can. 

Do Not Discuss Fault with The Driver’s Insurance Company or at the Accident Scene

No matter what the facts show about the events leading up to a vehicle striking you and whose fault it was, you are most likely not completely aware of the law regarding pedestrian accidents. Anything that you say to the driver’s insurance company or at the scene of the accident can be used against you if there are legal proceedings after the accident. You should only discuss your version of the event with your insurance company, medical personnel, and your attorney. Those are the only parties looking out for your best legal interests.

Another thing that is important to note is that you should not talk at length with the driver’s insurance company since they do not have your best interests at heart. Do not accept any settlement that they offer or sign any documents they send to you. Just ask for the name, phone number, address, and claim number of the insurance company. Only provide the driver’s insurance company contact information for yourself, your insurance company, and your attorney.

Contact Your Insurance Company

Immediately contact your insurance company if you have car insurance. Although you were a pedestrian in this accident, these kinds of accidents are covered by a majority of car insurance policies. You need to do that in order to ensure that you have the ability to make disability or medical claims after the accident.

Seek Professional Legal Help from a Pedestrian Accident Attorney After Being Hit by a Vehicle

Most likely a pedestrian who has been hit by a vehicle will have more serious injuries than the vehicle’s occupants. Those injuries can result in financial, emotional, and physical problems that can have a serious impact on your life. The driver’s insurance company most likely will try to blame you and deny your claim. If you are offered a settlement, it will probably be significantly undervalued and fail to take into account any problems you might have in the future. Hiring a qualified Boston personal injury lawyer will help to ensure that your livelihood and legal rights are protected.

If you or a family member are the victim of a vehicle/pedestrian accident, call our law firm to find out what your legal rights are and to see whether or not you have a valid case. There is no obligation or cost to have us evaluate your case. That is because our law firm works on a contingency fee basis. You will not need to pay us a fee unless and until we win your case.

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Conozca a nuestro abogadoMICHAEL D. KELLY, ESQ.

Michael D. Kelly tiene una experiencia diversa que proporciona un amplio conocimiento legal del que se basa para atender a sus clientes. Kelly recopiló un excelente expediente académico durante sus tres años en New England Law en Boston.