What to do After Getting Hit By A Car in Pennsylvania
Getting hit by a car can be an incredibly frightening and bewildering experience. It’s normal to feel a mix of emotions ranging from shock and disbelief to fear and anger. In these moments, it’s crucial to try to stay calm and remember that there are specific steps you can take to protect yourself both physically and legally. If you have been injured and are unsure of the next steps, contact an experienced pedestrian accident lawyer at PhillyLaw for a free consultation to learn your rights under Pennsylvania law.
Steps to Take if You are a Pedestrian and Have Been Injured in a Car Accident
Seek Immediate Medical Attention
Even if your injuries seem minor, it’s important to get a thorough checkup and prompt medical attention. Some injuries, like internal bleeding or concussions, may not be immediately apparent.
Seeking medical attention immediately after a pedestrian accident is crucial for several reasons. First and foremost, medical treatment ensures that any injuries you have sustained are promptly diagnosed and treated, which can significantly impact your recovery process. Some severe injuries, particularly those involving the head, neck, or internal organs, might not show symptoms immediately but could have serious, long-lasting consequences if not treated early. Additionally, medical records serve as vital documentation of your injuries, which is essential when pursuing legal claims. These records can prove the extent and severity of your injuries, making it more difficult for insurance companies to minimize or dispute your claim.
Assess the Need for Hospital Visit
After experiencing a pedestrian accident, it might be unclear whether you need to visit a hospital. If you’re experiencing severe pain, bleeding that doesn’t stop, confusion, difficulty breathing, or any signs of a traumatic injury such as a broken bone or concussion, it’s imperative to seek emergency medical care immediately. In cases where injuries appear minor, it’s still wise to visit a healthcare provider as soon as possible. Some injuries might not show symptoms immediately but could worsen if left untreated. Always err on the side of caution; prioritizing your health is critical.
Call the Police
It’s crucial to have an official police report documenting the incident. This can be invaluable for insurance claims and potential legal actions. When the police arrive at the accident scene, they will play a critical role in documenting the scene of the pedestrian accident. They will gather statements from both the driver and the pedestrian, as well as any eyewitnesses.
The officers will also make an initial assessment of the accident scene, noting the positions of the vehicles, any skid marks, traffic signals, and the condition of the roadway. This information will be compiled into a police report, which is an essential piece of evidence for insurance claims and legal proceedings. Cooperating fully with the police and providing your account of the event calmly and clearly can help ensure the report is as accurate and detailed as possible.
Obtaining a Police Report in Pennsylvania
After a pedestrian accident, obtaining the police report is a critical step in the aftermath. In Pennsylvania, you can request a copy of the police report from the law enforcement agency that responded to the incident. This process varies slightly depending on the municipality but generally requires submitting a formal request, which may be available as a form on the agency’s website or at the station. There’s usually a small fee associated with obtaining a copy. The report is an invaluable document, containing information like the officer’s observations, statements from parties involved and witnesses, and possibly the responding officer’s opinion on who was at fault. It plays a crucial role in insurance claims and legal proceedings, serving as an official account of the accident. It’s advisable to obtain this report as soon as it becomes available, typically within a few days to a couple of weeks after the accident.
Police Reports in Philadelphia
If you’ve been involved in a pedestrian accident in Philadelphia and need to obtain the police report, the process is straightforward. First, identify the law enforcement agency that reported to your accident. In most cases within Philadelphia, this will be the Philadelphia Police Department. You can request the report through their official website or by visiting the Records Unit in person.
For in-person requests, visit the Philadelphia Police Department’s Records Unit. Ensure you bring any identification and documentation related to the accident, including the case number and any relevant dates. The in-person request might require a nominal fee, payable by check or money order.
Regardless of the method you choose, obtaining a police report may take some time, so it’s wise to request it as soon as possible after the accident. This report will be an essential document for any insurance claims or legal matters you pursue related to the accident.
Document Everything at the Accident Scene
Take photos of the accident scene, your injuries, and any damage. Keep a record of all medical treatments and expenses related to the accident as this information could become important should you file a personal injury case.
Get Contact Information from the Other Driver and Witnesses
A critical step following a pedestrian accident is to collect information from the driver involved in the car accident and any witnesses. Ask the driver for their name, contact details, driver’s license number, driver’s insurance company information, including the policy number, and their vehicle registration details, including their license plate number. Similarly, request contact information from witnesses, as their accounts could be crucial in constructing a comprehensive understanding of how the accident occurred. This information will be invaluable for insurance claims and any potential legal actions. Remember, gathering this data should be done calmly and respectfully, keeping in mind that this information is for your protection and legal rights.
Notify Your Insurance Company and Make an Insurance Claim
Inform your insurance company about the car accident. However, be cautious about sharing details with your own insurance company until you’ve consulted with a legal professional.
How Pennsylvania’s no-fault status affects a pedestrian accident
In Pennsylvania, known as a no-fault state for car insurance, the process for handling insurance claims after a pedestrian accident takes on a specific protocol that significantly impacts injured pedestrians. No-fault insurance means that after an accident, each party’s own insurance pays for their medical expenses and lost earnings, regardless of who was at fault for the accident.
For a pedestrian injured in a car accident, this system ensures a quicker resolution for getting medical bills paid through their personal injury protection (PIP) coverage. However, this also means that pedestrians may face limitations when seeking compensation for pain and suffering through a lawsuit. They can only pursue a claim against the driver if their injuries meet certain thresholds, typically involving severe or permanent injuries.
Understanding these nuances is crucial for anyone involved in a pedestrian accident in Pennsylvania, as it affects both the strategy for filing insurance claims and the potential legal recourse for recovering additional damages. Consulting with a personal injury attorney knowledgeable about Pennsylvania’s specific laws becomes even more critical to navigating these complexities and ensuring that one’s rights and interests are adequately protected.
Seek Legal Advice from a Personal Injury Attorney
Before accepting any settlements, it’s wise to speak with a lawyer who specializes in pedestrian accidents. The car accident lawyers at PhillyLaw will offer guidance on your rights and the best course of action.
Follow Through with Medical Advice
Continue with medical treatment, therapies, or follow-up appointments recommended by your healthcare provider to ensure a full recovery. You may be entitled to recover your medical bills should you file a personal injury claim from your accident.
How a Personal Injury Lawyer Can Help an Injured Pedestrian After a Car Accident
Engaging an experienced personal injury lawyer after being hit by a car is a critical step towards ensuring your rights are protected, and you receive fair compensation for your injuries and losses. An experienced lawyer at PhillyLaw will bring a wealth of knowledge and experience in negotiating with insurance companies, who often aim to minimize payouts. We understand the legal nuances of pedestrian accidents and can build a compelling case on your behalf, increasing the likelihood of a favorable outcome. From gathering evidence that supports your claim to calculating a fair settlement that covers your medical bills, lost wages, and pain and suffering, a personal injury lawyer serves as an invaluable advocate throughout the entire legal process. Additionally, if a settlement cannot be reached, your lawyer is prepared to represent you in court, fighting tenaciously for your rights and interests. The skilled legal team at PhillyLaw is available for a free consultation to help explain your legal rights if you have been injured in a car accident.
Will I Need to File a Lawsuit if I Am a Pedestrian Injured in a Car Accident?
The necessity of filing a lawsuit after being injured as a pedestrian in a car accident largely depends on the specifics of your personal injury case and the willingness of the insurance company to offer a fair settlement. In many instances, claims can be resolved through negotiations with the insurance provider without the need for courtroom intervention. However, if the insurance company denies your claim or offers a settlement that does not adequately cover your medical expenses, lost wages, and pain and suffering, pursuing a lawsuit may be the most effective way to seek the compensation you deserve. Consulting with a personal injury attorney can provide you with a clearer understanding of your legal options and the best course of action for your particular situation.
Handling Situations Where the Driver Does Not Admit Fault
If the driver involved in the accident does not admit fault, remain calm and collected. Firstly, ensure that all interactions and exchanges of information are still completed as mentioned previously, capturing all relevant details of the driver, vehicle, and any witnesses. Do not engage in disputes or confrontations at the scene; instead, focus on gathering evidence. This includes taking photographs of the accident site, damages to the vehicle(s) and any visible injuries. If there are surveillance cameras nearby, note their locations as their footage could be crucial.
In such scenarios, the importance of a detailed police report cannot be overstated. Ensure that the responding officers accurately document your account of the incident and any statements from witnesses that support your version of events. Subsequently, consulting with a personal injury attorney becomes even more critical. An attorney can help in navigating the complexities of dealing with insurance companies, especially when facing a dispute regarding fault. They can also assist in gathering additional evidence or expert testimonies that substantiate your claim, ensuring that your rights are fully protected and you are appropriately compensated for your injuries and losses.
What to Do if the Driver Leaves the Scene After a Pedestrian Accident
If you find yourself in the unfortunate situation where the driver involved in the pedestrian accident decides to leave the scene, it is paramount to remain as calm as possible and take specific steps to protect your rights and well-being. First, try to gather as much information as you can about the vehicle, such as the make, model, color, and any part of the license plate number you can remember. Immediately call 911 to report the hit-and-run incident; providing the authorities with as much detail as possible will aid in their investigation.
Do not attempt to chase after the fleeing driver. Instead, look for witnesses who might have observed the accident and ask for their contact information. Remember, your safety and health should always come first. Hence, seek medical attention for your injuries, even if they seem minor, as some symptoms may appear or worsen over time. Leaving the scene of an accident is a serious offense, and the driver can face significant legal consequences if apprehended. If you have been injured in a hit-and-run accident, an experienced car accident lawyer from PhillyLaw can help guide you through the legal process to help you recover compensation for your injuries.
Will My Insurance Company Cover Me If I Am Injured in a Hit-and-Run Pedestrian Accident?
Coverage for injuries sustained in a hit-and-run pedestrian accident largely depends on the specifics of your car insurance policy. Many motorists carry Uninsured Motorist (UM) coverage as part of their policy, which can provide compensation for injuries if you’re involved in an accident with a driver who leaves the scene or doesn’t have insurance. An insurance claim through this coverage can help with medical expenses, lost wages, and pain and suffering.
However, the extent of coverage and the process for filing a claim can vary significantly between insurance providers. It’s crucial to review your policy details and consult with your insurance agent to understand your protections. Additionally, speaking with a personal injury attorney can help clarify your coverage options and assist in navigating the claim process with your insurance company to ensure your rights are fully protected.
The Car Accident Lawyers at PhillyLaw Will Help Injured Pedestrians Recover Compensation
At PhillyLaw, our car accident lawyers are dedicated to assisting injured pedestrians in recovering the compensation they rightfully deserve. With a deep understanding of the complexities involved in pedestrian accidents, our team works tirelessly to ensure that our clients’ rights are protected throughout the entire legal process. If negotiations do not result in a fair outcome, PhillyLaw is fully prepared to take your case to trial, where we will advocate fervently on your behalf. With PhillyLaw, you’re not just getting a legal representative; you’re gaining an ally committed to fighting for your recovery and well-being. Contact us today for a free consultation.