Pedestrian accidents often result in serious injuries due to the vulnerability of someone on foot struck by a vehicle. Despite clear liability in many cases, injured pedestrians make mistakes that reduce their compensation or destroy otherwise valid claims.
Our friends at Warner & Fitzmartin – Personal Injury Lawyers discuss how preventable errors cost victims thousands of dollars in settlements they deserve. A pedestrian accident lawyer familiar with pedestrian accident cases knows the unique challenges these claims present and how to avoid pitfalls that weaken your case.
These ten errors jeopardize pedestrian accident claims and your financial recovery.
1. Leaving the Scene Without Calling Police
Never leave an accident scene without reporting it to police, even if the driver stops and seems cooperative. Some pedestrians feel embarrassed or think their injuries aren’t serious enough to involve authorities.
Official police reports document what happened, identify the driver and witnesses, note road conditions and traffic controls, and establish the accident occurred when and where you claim.
According to the National Highway Traffic Safety Administration, police reports significantly strengthen pedestrian injury claims and settlement negotiations.
Without official reports, drivers often change their stories later or claim accidents never happened. Insurance companies use lack of police involvement to deny claims entirely.
2. Admitting You Weren’t Paying Attention
Drivers and their insurance companies jump on any statement suggesting you weren’t watching where you were going. Never say “I didn’t see the car,” “I was looking at my phone,” or “I wasn’t paying attention.”
These admissions shift fault to you even when drivers violated your right of way or failed to yield. Stick to factual descriptions of what happened without accepting responsibility or making excuses.
3. Not Photographing the Accident Scene
Take photos immediately showing where the accident occurred, crosswalk markings or their absence, traffic signals and pedestrian signals, the vehicle that struck you, and your visible injuries.
Scene conditions change quickly. Vehicles get moved, debris gets cleaned up, and lighting conditions differ throughout the day. Photos taken immediately after accidents preserve evidence that might otherwise disappear.
If you’re too injured to take photos yourself, ask bystanders or first responders to do it for you.
4. Failing to Identify Witnesses
Bystanders who saw the accident provide independent verification of what happened. Get their names and full contact information before they leave the scene.
Witnesses in pedestrian accidents often include other pedestrians waiting to cross, people in nearby businesses, and drivers of other vehicles. These people have no stake in your claim and their testimony carries significant weight.
Police don’t always collect complete witness information. Take responsibility for identifying and contacting witnesses yourself.
5. Delaying Medical Treatment
Some pedestrian accident victims refuse ambulance transport because they feel okay or worry about costs. This decision haunts them later when insurance companies argue they weren’t really injured.
Pedestrian accidents cause serious injuries that don’t always show immediate symptoms:
- Internal bleeding or organ damage
- Traumatic brain injuries from hitting your head
- Spinal injuries that worsen over time
- Fractures that seem like minor pain initially
Get examined within hours of being struck even if you feel fine. Medical records created immediately after accidents establish causation between collisions and injuries.
6. Not Documenting What You Were Wearing
What you wore during the accident matters for visibility issues. Drivers often claim they didn’t see pedestrians because of dark clothing or poor visibility conditions.
Take photos of your clothing before washing or discarding it. Note whether you wore reflective materials, bright colors, or dark clothing. Document lighting conditions at the time of the accident.
This evidence counters driver arguments that you were invisible or difficult to see.
7. Assuming the Driver’s Insurance Will Cover Everything
Pedestrian injuries are often severe and expensive. Many drivers carry minimal insurance coverage that won’t fully compensate you for serious harm.
We investigate all potential sources of recovery including the driver’s auto liability insurance, your own uninsured/underinsured motorist coverage, homeowner’s or renter’s insurance policies that might apply, and assets of at-fault drivers in severe cases.
Don’t assume the driver’s insurance alone will provide adequate compensation.
8. Giving Recorded Statements to Insurance Companies
Insurance adjusters for the driver will contact you requesting statements about how the accident happened. They seem sympathetic but they’re gathering ammunition to deny or reduce your claim.
They’ll ask where you were looking, whether you checked for traffic, if you were using your phone, and other questions designed to shift blame to you.
Politely decline recorded statements and refer adjusters to your attorney. We know how to present information without damaging your case.
9. Posting About the Accident on Social Media
Insurance companies monitor social media accounts of injured pedestrians. Posts about the accident, your activities, or your recovery become evidence against you.
That photo of you standing at an event becomes proof you’re not disabled. Comments about going shopping contradict claims of mobility limitations. Even innocent posts get twisted out of context.
Make all accounts private and post nothing about your accident, injuries, or life until your case resolves completely.
10. Accepting Fault for Jaywalking or Crossing Against Signals
Even if you crossed outside a crosswalk or against a signal, you might still have a valid claim. Drivers have duties to watch for pedestrians and avoid hitting them when possible.
Many states apply comparative negligence rules allowing recovery even when pedestrians share some fault. Your compensation gets reduced by your percentage of responsibility, but you don’t necessarily lose your entire claim.
Never assume you have no case because you weren’t in a crosswalk. Traffic laws create presumptions but don’t eliminate driver liability for failing to exercise reasonable care.
Protecting Your Pedestrian Accident Claim
Pedestrian accidents cause devastating injuries that change lives permanently. The mistakes you make immediately after being struck can reduce your compensation by thousands of dollars or destroy your claim entirely.
Insurance companies know injured pedestrians are vulnerable and unfamiliar with their legal rights. They use this to their advantage by getting damaging statements, disputing liability, and offering inadequate settlements.
Don’t face insurance companies alone after a pedestrian accident. Contact an experienced attorney who understands pedestrian injury claims, knows how to prove driver liability, and will fight for full compensation for your serious injuries while you focus on the long recovery ahead.