What To Do If You Get Hit by a Car as a Pedestrian

Being struck by a vehicle while in a crosswalk or at an intersection can cause life-changing injuries, and it can be unclear what you should do in the moments and days following. If you’re a pedestrian hit by a car, seek safety and medical attention first, and then document the accident events and scene. These actions help protect your well-being and safeguard your right to pursue a pedestrian accident lawsuit.

Follow along as we outline some important steps to support your case and facilitate pedestrian accident reconstruction and litigation.

What you do after a collision can affect your physical recovery and your ability to pursue a pedestrian accident claim. Take these steps as soon as you’re able:

1. Call 911: Emergency responders can secure the scene, and police will create an official accident report.
2. Move to a safe location, if possible: Relocate to an area out of traffic to prevent further harm.
3. Seek medical attention: A paramedic’s examination on scene or an emergency room visit can address immediate harm and identify soft tissue injuries that seem minor.
4. Collect information from the driver and witnesses: Obtain the driver’s information and names and contact details for witnesses (including their passengers) or bystanders who saw the crash.
5. Document the scene: Take photos or videos of the involved vehicle, your injuries, traffic signals, crosswalks, and any road signs to facilitate pedestrian accident reconstruction and litigation. Write down the time, weather, temperature, road and lighting conditions, or anything else you notice about the area.

Even if you feel OK after a car hits you, it’s still a good idea to go to the hospital emergency room or urgent care to identify and document any injuries, even minor ones. Adrenaline can mask pain, and some symptoms may be slow to appear. Untreated injuries can worsen with time, but prompt medical attention provides early intervention to prevent long-term conditions. A physician’s evaluation also creates an official record linking the incident with your injuries and establishes any aggravation to pre-existing conditions.

Delaying your treatment can put your health at risk and give insurance companies an opportunity to minimize or deny pedestrian accident claims. After visiting a physician, you can use any diagnostic reports, symptom logs, or prognosis to support your injury allegations and substantiate damages for future care, lost income, and pain and suffering.

Typically, the at-fault driver’s auto insurance will cover a pedestrian’s medical bills. If their coverage is insufficient or the crash is disputed, the pedestrian may need to file a claim under their MedPay or UM/UIM insurance policy coverage. Pedestrians without auto insurance coverage may be eligible to use their healthcare insurance to pay for the initial treatment, and then the provider will seek reimbursement through liens.

Determining which policy applies and its limits is more complex than many people realize, and it can be even more complicated when someone is struck by a delivery driver or contracted courier. For clarity, speak to an attorney familiar with car accident litigation who has a good understanding of how auto claims or other coverage works.

Despite North Carolina’s contributory negligence rule, which bars people from receiving compensation if they are at all liable, crosswalk use doesn’t always determine fault. Before you dismiss a potential claim because you’re unsure of your rights as a pedestrian, consider these facts about North Carolina:

• Drivers still have a duty to exercise reasonable care to avoid hitting pedestrians, regardless of whether a crosswalk is present.
• Pedestrians do not automatically lose the right to compensation if they are outside a crosswalk.
• In intersections without traffic-control signals, drivers must yield to pedestrians in marked and unmarked crossings.
• Fault can vary based on several specific facts of the vehicle-pedestrian accident, such as lighting, road design, and signal functions.
• Drivers must not pass vehicles that are yielding to pedestrians.
• Pedestrians have the right-of-way when emerging from or entering an alley, building entrance, private road, or driveway.
• Vehicles approaching a vision-impaired pedestrian using a white cane or guide dog must come to a full stop and allow a clear lane for safe passage.

Insurance adjusters look for reasons to deny or minimize pedestrian accident claims. The actions you take after being hit by a car can be as important as those you avoid. Mistakes we see people making that can jeopardize their claim include:

• Delaying or avoiding medical treatment
• Giving recorded statements to insurance companies without legal advice
• Minimizing injuries or symptoms
• Failing to preserve evidence or witness information
• Posting about the accident online or oversharing on social media
• Assuming their claim is a lost cause

A pedestrian struck by a vehicle generally has three years from the date they were injured to file a claim under North Carolina personal injury laws. That doesn’t mean you should delay getting legal help. Pedestrian accident reconstruction and litigation take time, so preparation should begin as soon as possible. If too much time passes, witness memories could fade, and evidence could be lost. A law firm has resources to help with:

• Gathering and preserving physical evidence
• Analyzing vehicle data and GPS
• Engaging experts to opine on the cause of the crash, injuries, and other factors
• Creating simulations to show the accident circumstances
• Handling insurer communications and addressing liability disputes
• Calculating losses and damages to determine a fair resolution
• Reviewing settlement offers and agreements

If you’re unsure what to do if you get hit by a car in North Carolina, contact the attorneys at Miller Law Group for guidance. We have your back, and we’ll review your case against the driver to determine the best path forward. Contact us today for a free evaluation.