Being involved in a pedestrian accident can be a traumatic experience. Whether you’re crossing a busy street or walking along a quiet road, these accidents can happen in the blink of an eye. Unfortunately, given the sheer size and steel-encased strength of most vehicles on the road, accidents with pedestrians can lead to serious injuries.
The fallout after these accidents can involve extensive and expensive medical care, lost income, and other financial burdens. Knowing how to protect your rights after a pedestrian accident is integral to pursuing the compensation and justice you deserve. Here’s what you need to know.
1. Prioritize Your Safety and Seek Medical Attention
Your health and safety are the first priorities after an accident. If possible, get out of the roadway to a safe place. Don’t leave the scene of the accident, but do move to the side of the road out of the way of passing cars.
Next, seek medical attention immediately, even if you don’t feel seriously hurt. Sometimes, your injuries might fly under the radar due to the adrenaline pumping through your system. Concussions, internal bleeding, and even fractures might go unnoticed in those first few minutes and hours after the accident but can become severe if left untreated.
On top of preserving your health and well-being, seeking medical treatment immediately after the accident can play a role in your case. Medical records are often critical in documenting injuries and connecting them to the accident.
After seeing a doctor, ensure you follow all of their advice and attend all follow-up appointments. Not only does this ensure your recovery, but it also prevents the opposing party from arguing that you failed to mitigate your injuries.
2. File a Police Report
Massachusetts law requires a police report for accidents that meet specific criteria, including those involving injuries to anyone involved, such as a pedestrian, driver, or passenger, a fatality, or more than $1,000 in property damage. You must file the report with the police report and the Registry of Motor Vehicles within five days of the accident.
Filing this report also helps with your case and can protect your rights. It’s an official accident record containing core details, including witness statements, details about the accident scene, and the names of the parties involved. When reporting the incident to the police, stick to the facts—avoid assigning blame or making speculative statements.
After filing the report, ask for a copy for your records and verify that the officer has noted all relevant details. The report is often an integral part of an insurance claim or legal proceeding, so it’s important to have it on hand.
3. Gather Evidence at the Scene
If you’re physically able and can safely do so, gather as much evidence at the accident scene as you can. Take photos and videos of the accident location, the vehicle involved, and your injuries. Make sure you capture the weather conditions, road signs, traffic signals, crosswalks, and any visible skid marks or damage to the vehicle.
Gather the names and contact information of anyone who witnessed the accident. Their statements can be invaluable when proving fault in a pedestrian accident case, so if you can, be sure to gather their information.
4. Do Not Admit Fault or Discuss the Incident Extensively
After an accident, emotions can run high, and it’s easy to say things you don’t mean. However, it’s important to be careful of what you say, as these statements could be used against you later on.
Admitting fault or making statements that could be misconstrued could detrimentally impact your case, even if they’re casual comments like “I didn’t see you” or “I was in a hurry.” This applies to conversations with the other driver and any insurance companies you speak to.
Additionally, steer clear of posting about the accident on social media. Anything you post publicly could be scrutinized and potentially used to discredit your claim. So, it’s best to avoid talking about or discussing the incident at all, whether in person with the other driver or on your go-to social media platform(s).
5. Notify Your Insurance Company
Massachusetts is a no-fault state. This means that regardless of who is at fault, your own Personal Injury Protection (PIP) insurance will cover your medical expenses to a certain limit. If you’ve been injured in a pedestrian accident, contact your insurance company as soon as possible to notify them of the accident.
However, during the call, stick to basic facts. Avoid giving a recorded statement without consulting an attorney.
Your insurance company may cover your additional medical costs, but depending on the severity of your injuries, you may need to seek compensation from the at-fault driver’s insurance. Keep detailed records of all communications with your insurance company, as this can be helpful if disputes arise later.
6. Contact an Experienced Personal Injury Attorney
Contacting a knowledgeable pedestrian accident lawyer in Massachusetts is one of the best ways to protect your rights after a pedestrian accident. The legal process can be complicated, especially given the nuances in Massachusetts state law and the confusion that can surround the personal injury protection system.
Massachusetts is a modified comparative negligence state, which can also complicate the process. Under this rule, you may recover damages as long as you are less than 51% at fault for the accident. However, the amount you may recover will drop in proportion to your percentage of the blame, if any.
Our skilled attorneys can help you navigate every step of the process, ensuring you understand your legal rights after a pedestrian accident. We’ll deal with insurance companies, gather evidence to build a strong case and represent you in court, among other legal roles that streamline the process.
7. Understand the Statute of Limitations
Like most states, Massachusetts outlines a specific statute of limitations for personal injury cases, including pedestrian accident cases, which, in this case, is three years. This is the amount of time you have after an accident to file your claim against the at-fault party. If you miss the deadline, your case might be dismissed, so it’s important to act quickly.
Your attorney can help you stay on top of applicable deadlines to avoid procedural issues that could jeopardize your case.
8. Document Your Losses and Keep Detailed Records
As you recover from your accident, it’s important to keep detailed records of your losses related to the incident. This includes everything related to the accident, including medical expenses, lost wages, transportation costs to and from medical appointments, property damage, and any other out-of-pocket expenses. Keep receipts for all relevant purchases and make a list of missed work days or reduced hours due to your injuries.
Additionally, make a note of your mental and emotional recovery. Suffering an injury in an accident can be traumatic and take a toll on your mental and emotional well-being. Since non-economic damages, including pain and suffering or emotional distress, can be factored into your claim, make sure you document how the accident has impacted your daily life. This includes physical limitations, mental health struggles, and any changes to your overall well-being.
9. Follow Your Attorney’s Guidance
Pedestrian accident cases can be complex and time-consuming, which can be incredibly frustrating, especially if you’re dealing with significant injuries. The timeline can become drawn out due to negotiations with insurance companies, gathering evidence, and potentially taking your case to court.
While waiting isn’t easy, it’s important to be patient and follow any guidance, such as avoiding discussing the case on social media. Our team will keep you updated on progress in your case, ensuring you’re never left in the dark. We’ll guide you through each stage, ensuring you stay up-to-date with the goings on in your case and can make informed legal decisions.
Contact the Fogelman Law Firm for Help Protecting Your Rights After a Pedestrian Accident
Protecting your rights after a pedestrian accident in Massachusetts is important, especially if you plan to pursue legal action. Between seeking medical attention, reporting the accident, and working with a skilled attorney, there are multiple crucial steps. While some may seem tedious or unnecessary, each is important in protecting your rights and can make a significant difference in the outcome of your case.
If you or a loved one has suffered an injury in a pedestrian accident, our skilled Massachusetts pedestrian accident attorneys at the Fogelman Law Firm are here to help. We’ve helped many Massachusetts residents protect their rights and can help you do the same. Contact us today at (617) 559-1530 or complete our online contact form to learn more about how we can help you with your case.
