Pedestrian accidents can be devastating, leading to severe injuries and long-term consequences. The immediate aftermath of such an incident can be overwhelming and confusing, especially when you’re dealing with physical pain and emotional distress. Knowing the steps to take can help you navigate this challenging time and ensure you protect your legal rights and health. In Indiana, specific actions can make a significant difference in the outcome of your case. This guide will walk you through the essential steps to take after a pedestrian accident, providing clarity and support during a difficult period.
Ensure Your Safety and Seek Immediate Medical Attention
The moments following a pedestrian accident are critical for your safety and health. The first and foremost priority is to ensure you are out of harm’s way. If possible, move to a safe location away from traffic to prevent further injury. Once you are in a safe place, it is crucial to assess your injuries. Even if you feel fine or your injuries seem minor, it is essential to seek medical attention immediately. Some injuries may not be apparent right away, and a medical professional can identify and treat hidden issues that could worsen over time.
Prompt medical attention not only safeguards your health but also provides essential documentation of your injuries. This medical documentation will be crucial if you decide to pursue a legal claim. Ensure you keep all medical records, prescriptions, and any other related documents as they will serve as evidence of the extent and impact of your injuries.
Contact Law Enforcement and Report the Accident
After ensuring your safety and receiving initial medical care, the next step is to contact law enforcement. Reporting the accident to the police is necessary as it creates an official record of the incident. When the police arrive, provide them with a detailed account of what happened. Stick to the facts and avoid making any speculative statements or admitting fault.
The police will gather information from all parties involved, including witnesses, and compile a report. This police report will be a vital piece of evidence when you file an insurance claim or pursue legal action. Make sure to obtain a copy of the police report for your records as it will help your attorney build a strong case on your behalf.
Attorney Christopher Wyant is here to help you.
With over 17 years of experience, Attorney Wyant has spent his entire legal career representing individuals who have been injured or killed as a result of the carelessness of others. With trial experience in over 20 jury trials, he has handled cases involving wrongful death and personal injury arising out of automobile crashes, premises liability, slips and falls, dog attacks, and civil rights violations.
Gather Evidence and Document the Scene
While waiting for law enforcement to arrive, if you are physically able, start gathering evidence at the scene of the accident. This evidence will be invaluable in supporting your claim and establishing the circumstances of the incident. Take photographs of the accident scene from multiple angles, capturing details such as road conditions, traffic signals, crosswalks, and any skid marks. Include pictures of your injuries and any damage to personal belongings.
If there are witnesses, collect their contact information and ask for their account of the accident. Witness statements can provide crucial support for your version of events. Additionally, note the driver’s information, including their name, contact details, license plate number, and insurance information. All this information will be essential when filing a claim and seeking compensation for your injuries.
My husband and I were involved in an auto accident. The driver that hit us was without a doubt at fault. In less than 2 days we were getting calls from the driver’s insurance company wanting us to accept 15% fault. The calls kept coming to try and push us into a settlement. We decided to get legal help and found Chris Wyant. Once Chris took over we felt a big load lifted. He is very knowledgeable, well prepared and makes everything so much easier to understand the process. Chris has a very diligent work ethic that gets results. We are so very grateful to have found Chris. We highly recommend Chris Wyant.”
- Kathaleen Boyce
Chris was awesome from the very first meeting. Very professional and knowledgeable. He knew what needed to be done and what he needed from us. He was exceptionally easy to work with and very patient with all of the questions we had. All we had to do was either call or email him with a question and he responded as quickly as he could. I couldn’t be happier with his services. I would definitely recommend his practice to anyone."
- Rita Bridge
God Bless Wyant Law. I can honestly say that Chris went to bat for me in such a huge way during such a trying time. He was very professional and upfront about every step he took. I would 100 percent recommend Wyant Law for your legal needs."
- Briana Shouse
Notify Your Insurance Company
After attending to immediate concerns, it is important to notify your insurance company about the accident. Provide them with all relevant details, including the police report number, the driver’s information, and any medical documentation. Be honest and accurate in your account of the accident, but avoid giving a recorded statement without consulting an attorney first. Insurance companies may use your statements against you to minimize their liability.
It is also crucial to understand that the driver’s insurance company may contact you. Be cautious when speaking with them and avoid accepting any settlement offers without legal advice. Insurance companies often try to settle quickly for the lowest amount possible, which may not fully cover your medical expenses, lost wages, and other damages.
Consult with a Personal Injury Attorney
One of the most important steps after a pedestrian accident is consulting with a personal injury attorney. An experienced attorney can provide you with invaluable guidance and support throughout the legal process. They will help you understand your rights, assess the value of your claim, and negotiate with insurance companies on your behalf.
A personal injury attorney can also help you gather and preserve evidence, ensuring no crucial details are overlooked. They will handle all communications with insurance companies and other parties involved, allowing you to focus on your recovery. Additionally, they can advise you on whether to pursue a lawsuit if a fair settlement cannot be reached.
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Follow Your Doctor’s Advice and Continue Medical Treatment
After the initial medical evaluation, it is essential to follow your doctor’s advice and continue with any recommended treatment. This may include follow-up appointments, physical therapy, medication, or other treatments. Adhering to your treatment plan not only aids in your recovery but also demonstrates the seriousness of your injuries.
Keep a detailed record of all medical treatments, expenses, and any impact on your daily life. This documentation will be important for your legal claim, as it provides evidence of the ongoing effects of the accident on your health and well-being. Your attorney will use this information to negotiate a fair settlement that covers all your medical costs and other damages.
Understand Indiana’s Comparative Fault Laws
Indiana follows a comparative fault system, which means that your compensation can be reduced if you are found partially at fault for the accident. Under this system, your damages are reduced by the percentage of your fault. For example, if you are found to be 20% at fault, your compensation will be reduced by 20% — and if you are more than 50% at fault, you cannot pursue compensation at all.
It is important to be aware of this law when discussing the accident with insurance companies and other parties. Admitting fault or making speculative statements can negatively impact your claim. Your attorney will help you navigate these discussions and work to minimize any potential fault attributed to you.
Explore Compensation Options
In Indiana, pedestrian accident victims may be entitled to various forms of compensation. This compensation can cover medical expenses, lost wages, pain and suffering, and other damages. Your attorney will help you explore all available options and determine the best course of action for your case.
Medical expenses can include emergency room visits, hospital stays, surgeries, medications, physical therapy, and any future medical care needed as a result of the accident. Lost wages compensation covers the income you have lost due to your inability to work during recovery. Pain and suffering compensation addresses the physical pain and emotional distress caused by the accident.
In some cases, punitive damages may also be awarded if the driver’s conduct was particularly reckless or malicious. Punitive damages are intended to punish the wrongdoer and deter similar behavior in the future. Your attorney will assess the specifics of your case and advise you on the potential for punitive damages.
File a Legal Claim if Necessary
If a fair settlement cannot be reached through negotiations with the insurance company, filing a legal claim may be necessary. Your attorney will guide you through this process, from filing the complaint to representing you in court. It is important to act quickly, as Indiana has a statute of limitations for personal injury claims. In most cases, you have two years from the date of the accident to file a lawsuit.
Filing a legal claim can be a complex and lengthy process, but with the support of an experienced attorney, you can navigate it successfully. Your attorney will handle all legal aspects of your case, allowing you to focus on your recovery. They will work tirelessly to ensure you receive the compensation you deserve.
Stay Informed and Communicate with Your Attorney
Throughout the process, staying informed and maintaining open communication with your attorney is crucial. Your attorney will keep you updated on the progress of your case and any developments. Do not hesitate to ask questions or seek clarification on any aspect of your case. Your attorney is there to support you and ensure you understand your rights and options.
Provide your attorney with any new information or documentation related to your case promptly. This includes updates on your medical condition, additional expenses, or any communications from the insurance company. Keeping your attorney informed will enable them to build the strongest possible case on your behalf.
The Importance of Legal Representation
Navigating the aftermath of a pedestrian accident can be challenging and overwhelming. Having legal representation ensures that your rights are protected and that you have the best chance of receiving fair compensation for your injuries. An experienced personal injury attorney will advocate for you, handle all legal aspects of your case, and provide the support you need during this difficult time.
Fighting for You
At Wyant Law, we understand the complexities of pedestrian accident cases and are committed to helping accident victims in Indiana. Our team will work tirelessly to ensure you receive the compensation you deserve. We will guide you through every step of the process, from gathering evidence and negotiating with insurance companies to representing you in court if necessary.
If you or a loved one has been involved in a pedestrian accident, do not hesitate to contact Wyant Law for a free consultation. We are here to help you understand your rights, explore your legal options, and pursue the compensation you need to recover and move forward. Trust Wyant Law to provide the legal support and representation you deserve in the aftermath of a pedestrian accident.