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A pedestrian accident is an extremely overwhelming experience. You will likely experience stress and confusion about what to do at the scene and immediately after the accident. Injuries are almost always severe when a motor vehicle strikes a pedestrian, so the first call you or someone who can help you at the scene should make is a call for medical help.
Do not assume you are fine if you do not feel any pain immediately or believe you are not seriously injured. Many injuries, like concussions, take time to manifest. You could also have internal organ damage, which will worsen with time. There are steps to take after a pedestrian accident in San Jose to safeguard your health, safety, and evidence for insurance claims or personal injury lawsuits.
Dialing 911 is a crucial first step after a pedestrian accident in San Jose. This will summon an ambulance and the police to the scene. Filing a police report is critical to filing insurance claims and lawsuits if the driver is negligent. California is a fault state, meaning the driver who caused the accident will have to pay for the losses the pedestrian suffers. It is illegal for a motorist involved in an accident to leave the scene in California. So, while waiting for the police, exchange pertinent information with the driver, such as name, address, phone number, and insurance information.
An injured pedestrian should also gather information from witnesses and any passengers in the automobile. If possible, take cell phone video or still photos of the accident scene and any apparent injuries.
Under no circumstances admit fault to the motorist or police. Stick to the facts. Pedestrians who contribute to an accident, such as crossing a street outside a crosswalk, should let their attorney decide how to handle the problem. A lawyer may want to contact witnesses to obtain statements and will review the relevant laws regarding partial fault.
A police report is a fresh account of the accident from all parties. As time passes, the parties and witnesses may not remember what happened as clearly, and an on-scene narration given to an impartial police officer will be helpful for several reasons, including:
A San Jose attorney could explain the other benefits of calling the police after a pedestrian accident. If the motorist carries MedPay with their automobile insurance, the pedestrian’s medical expenses may be covered immediately by submitting requested proof, which may include a police report.
As San Jose attorneys know all too well, an injured pedestrian cannot predict whether insurance claims will proceed smoothly or if the accident will end up in court to be litigated as a personal injury lawsuit. Therefore, all information pertinent to the accident should be kept in an easily accessible file. The documents should include the police report, the insurance adjuster’s name and phone number, witness contacts, receipts for accrued expenses such as hospital bills, and any photos of the accident.
If you are involved in a pedestrian accident, you could be dealing with life-threatening injuries. You might need extensive medical care and may miss work while recovering. If a negligent motorist caused your situation, they should pay you for your losses through insurance or as a damages award in a personal injury lawsuit.
You need to ensure your rights are protected and evidence will be available to support your claim. The first step is to get medical help. The next step is to call us. We are here to help you through this process. Our dedicated team at Solution Now Law Firm could go over the steps to take after a pedestrian accident in San Jose.