Being involved in a pedestrian accident can be a traumatic and overwhelming experience. Whether the accident was caused by a negligent driver, unsafe road conditions, or another factor, your priority should be getting the medical care you need and ensuring your legal rights are protected. However, many people make mistakes in the aftermath of an accident that can severely impact their ability to recover damages.
In California, pedestrian accidents are all too common, but knowing what to do—and what not to do—after the accident can significantly affect the outcome of your case. In this blog post, we will discuss the top 5 mistakes to avoid after a pedestrian accident in California, and how you can protect your interests and maximize your chances of a successful recovery.
1. Failing to Seek Medical Attention Immediately
One of the most significant mistakes a pedestrian accident victim can make is not seeking immediate medical attention. Even if you don’t feel seriously injured, it’s important to get checked by a doctor as soon as possible after the accident. Some injuries, such as internal bleeding, concussions, or soft tissue damage, might not be immediately apparent, but can cause serious complications down the road.
Why it’s a mistake: If you wait too long to see a doctor or fail to document your injuries early on, it can weaken your claim for damages. Insurance companies or opposing lawyers may argue that your injuries aren’t severe or that they occurred after the accident if you didn’t seek medical attention immediately.
What to do instead: Get medical help right away, even if you feel okay. Have a medical professional examine you thoroughly and document all injuries. This creates a record that can support your claim later and ensures that you receive the proper treatment for any hidden injuries.
2. Admitting Fault or Saying the Wrong Thing to the Driver or Witnesses
After a pedestrian accident, it’s natural to feel upset or confused. However, one of the biggest mistakes you can make is admitting fault or saying something that could be misinterpreted as an admission of responsibility, even if you don’t believe you are to blame.
Why it’s a mistake: If you make statements such as “I didn’t see the car” or “I wasn’t paying attention,” you could unintentionally provide the opposing side with ammunition to dispute your claim. California follows a comparative negligence rule, meaning that if you are found partially at fault, your compensation can be reduced based on your percentage of fault.
What to do instead: Stay calm and avoid discussing fault at the scene. Simply provide your contact information and make sure to gather all the details from the driver, witnesses, and any police officers who respond to the scene. Let your lawyer and the authorities handle the investigation into fault.
3. Not Collecting Sufficient Evidence at the Scene
Another critical mistake people often make after a pedestrian accident is not gathering enough evidence at the scene. The more evidence you collect right away, the stronger your case will be when you pursue a claim for damages.
Why it’s a mistake: Failing to gather evidence or wait too long to get the necessary information can weaken your case or prevent you from fully proving your version of the events. Without the right evidence, it’s more difficult to establish liability and prove the extent of your damages.
What to do instead: Collect as much evidence as possible at the scene, including:
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Photographs: Take pictures of the accident scene, any injuries, vehicle damage, traffic signals, crosswalks, skid marks, and the surrounding environment.
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Witness information: Get the contact information of any witnesses who saw the accident happen.
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Police report: Ensure that a police report is filed and get a copy of it.
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Driver’s details: Obtain the driver’s name, contact information, and insurance details.
4. Accepting the Insurance Company’s First Offer Without Legal Advice
After a pedestrian accident, you may be contacted by the driver’s insurance company with an initial settlement offer. The insurance company’s goal is often to settle the case quickly and for as little money as possible. Accepting this offer without consulting an attorney can be a huge mistake.
Why it’s a mistake: Insurance companies typically offer settlements that are much lower than what you may actually be entitled to. They might also try to pressure you into settling before you fully understand the extent of your injuries or future medical costs. By accepting the first offer, you could be forfeiting your right to compensation for long-term medical care, pain and suffering, or lost wages.
What to do instead: Before accepting any settlement, consult with a pedestrian accident lawyer. A lawyer can help you understand the true value of your claim, including current and future medical expenses, lost wages, and pain and suffering, and negotiate for a fair settlement.
5. Delaying or Failing to File Your Pedestrian Accident Claim on Time
California law imposes strict time limits for filing personal injury claims, including pedestrian accident cases. If you delay or fail to file your claim within the required timeframe, you could lose your right to seek compensation altogether.
Why it’s a mistake: In California, the statute of limitations for filing a personal injury claim is generally two years from the date of the accident. After this period, you may be barred from taking legal action, even if you have a valid claim. The longer you wait, the harder it becomes to gather evidence and witnesses, which could weaken your case.
What to do instead: Act quickly and contact a pedestrian accident lawyer as soon as possible. A lawyer can help you meet the deadlines and ensure that your claim is filed in time, giving you the best possible chance to recover damages.
Conclusion: Protect Your Rights and Seek Legal Help
After a pedestrian accident in California, it’s important to be aware of the potential mistakes that could harm your ability to recover damages. By seeking medical attention immediately, avoiding discussions of fault, gathering evidence, consulting with a lawyer before accepting an insurance offer, and filing your claim on time, you can significantly improve your chances of receiving fair compensation.
If you’ve been involved in a pedestrian accident, contact an experienced California pedestrian accident lawyer to guide you through the process and help you avoid common pitfalls. Your lawyer will work hard to protect your rights, fight for your compensation, and ensure you get the justice you deserve. Don’t let mistakes hinder your recovery—take the right steps and seek the legal support you need today.
