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Pedestrian accidents often leave people confused about what steps to take. In the aftermath, it is important to know what to do to protect yourself and your family. The decisions you make after an accident can affect your health, your ability to recover compensation, and the strength of your personal injury claim.
Our pedestrian accident lawyers want to share some of the most common mistakes we see people make so you can avoid them and protect yourself. By avoiding these mistakes, you give yourself the best chance at a fair recovery:
Not Calling the Police Immediately
Failing to involve law enforcement after a pedestrian accident can create major problems for your personal injury claim. A police report provides an official record of the accident, documenting key details such as:
- Location and conditions at the accident site
- Parties involved, including contact and insurance information
- Traffic violations and citations issued
- Statements from witnesses and their contact information
Without this report, it becomes much harder to establish fault or verify your version of events if the driver’s insurance company disputes your claim. Calling the police also ensures emergency responders arrive if medical help is needed at the scene.
Refusing or Delaying Medical Care
Skipping medical attention can harm both your health and your legal case. Do NOT make assumptions about your health. Some injuries, like concussions or internal trauma, do not show symptoms immediately but can become serious if untreated.
If you delay seeing a doctor, the insurance company may argue that your injuries were not related to the accident. However, seeking medical care right away creates a record that links your injuries directly to the accident.
If symptoms appear later, as they often do with soft tissue injuries, you will already have an initial medical evaluation to back up your claim.
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Failing to Gather Evidence at the Scene
Not collecting evidence at the accident site is a mistake that can make it difficult to prove what happened later. If you are physically able, you should:
- Take photos of the accident scene, including vehicle positions, traffic signals, skid marks, and your visible injuries.
- Get the contact information of the driver and any witnesses who saw the collision.
- Note the location of any cameras that may have captured the accident as it happened
Evidence collected right away is often the most reliable. Missing it may leave you relying only on the driver’s version of events or limited documentation.
Talking to the Driver’s Insurance Company on Your Own
Speaking with the driver’s insurance company without legal guidance can put your case at risk. Insurance adjusters may seem friendly, but their goal is to protect their company’s bottom line. If you give a recorded statement, even a small inconsistency could be used to challenge your credibility.
Adjusters may also pressure you to accept responsibility or agree to a version of events that minimizes your claim. We always recommend consulting a personal injury lawyer before talking to insurers so that you do not unintentionally weaken your case.
Posting About the Accident on Social Media
Many people share updates about significant life events online, but posting about a pedestrian accident is a mistake. Insurance companies and defense lawyers often review social media accounts for evidence that contradicts your claim.
Even something as simple as a photo of you smiling at a family gathering could be twisted to suggest your injuries are not serious. The safest choice is to avoid posting anything about your accident, your injuries, or your activities until your case is resolved.
Accepting a Quick Settlement Offer
After an accident, it may feel tempting to accept the first settlement the insurance company offers. These quick offers often come before you know the full extent of your medical needs or long-term costs. Accepting early can leave you without the resources to pay for follow-up care, physical therapy, or lost income if you cannot return to work right away.
Settlement offers are rarely designed to cover your total damages. Taking time to understand the true value of your case helps ensure you do not settle for less than you deserve.
Missing Deadlines for Filing a Claim or Lawsuit
Failing to meet filing deadlines can prevent you from pursuing compensation altogether. Every state has a statute of limitations that sets a strict time limit for filing a personal injury lawsuit:
- North Carolina: You typically have three years to file a lawsuit.
- South Carolina: You also have three years to file.
If you miss this deadline, the court will likely dismiss your case, no matter how strong your claim might be. Knowing and meeting these deadlines ensures you keep your legal options open.
Not Consulting a Personal Injury Lawyer
Trying to handle a pedestrian accident claim on your own can feel overwhelming. Insurance companies deal with these cases every day and have strategies designed to reduce payouts. While you are focused on recovering from your injuries, they are working to protect their financial interests.
Consulting with a lawyer early in the process can help you avoid mistakes, handle negotiations, and prepare for the possibility of trial if necessary. Even if the insurance company seems cooperative, having legal guidance ensures your rights remain protected.
Here’s What Our Pedestrian Accident Attorneys Advise
Avoiding mistakes is only part of the process. Taking the right actions after a pedestrian accident can also strengthen your case. Here are actions we recommend:
- Call the police and obtain a copy of the accident report.
- Seek medical attention immediately and follow your doctor’s plans.
- Collect evidence at the scene, including photos and witness contact details.
- Keep detailed records of your medical treatment and expenses.
- Speak with a lawyer before discussing the accident with insurers.
By focusing on these actions, you put yourself in the best position to recover both physically and financially.
Contact Our Pedestrian Accident Law Firm Today
If you or a loved one has been hurt in a pedestrian accident, you do not have to navigate the claims process alone. Contact Farmer & Morris Law, PLLC, today for a free consultation. We can answer your questions, explain your options, and help you toward recovery.
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