Auto Accidents involving Pedestrians: Here is what to do
One of the scary experiences is hitting a pedestrian while driving a car. Hitting someone at a speed of more than 30 miles per hour can result in fatalities and severe injuries. As a driver, it’s crucial to know what you must do immediately after hitting a pedestrian. By speaking to the right parties and staying calm, you can minimize your liability.
Many drivers who hit pedestrians immediately get upset and perhaps start yelling or apologizing for wrongs they are not sure of. Instead, they should take a deep breath and do the following;
Get the injured person to a safe place. Don’t try to offer medical treatment beyond what’s required of you in such emergency cases. You can administer CPR if necessary.
Seek medical and legal assistance
Contact the police, your auto insurance provider, and the emergency medical care providers immediately. It’s also advisable to contact a reliable Cleveland car accident attorney to assess whether or not you may be facing criminal charges for the crash. When the law enforcement officers, your insurance agents or attorney comes, offer truthful statements about how the crash happened.
Exchange the contact details
After the crash, collect the crucial records. If the injured person isn’t incapacitated, you can exchange your identity information, contact details, and your insurance provider details with them. Don’t talk too much with the pedestrian, their family members, or friends. Remember, admitting fault at this stage or saying that you feel guilty might expose you to a lawsuit. So be very careful of whatever you say to the injured person or their loved ones.
It’s also wise to avoid talking directly to the victim’s attorney or insurer. Let your attorney or insurance company agents communicate with the injured person’s lawyer or insurer.
So, who is at fault?
Whenever a driver hits a pedestrian, the biggest question is, ‘Who was at fault?’ Note that fault in an auto accident is determined by the law of negligence. If an individual fails to exercise an acceptable standard of care under any circumstance, they are considered ‘negligent.’
Therefore, both the pedestrian and the driver can be at fault if they were negligent. For instance, the driver might be driving at a higher speed (exceeds the speed limits) while the pedestrian might be crossing highway illegally. This scenario is handled in varying ways in different states. In Ohio, the comparative fault rule is followed. That means that the pedestrian can recover a certain proportion of the damages even if he or she was partly at fault.
Seek reliable legal help
Keep in mind that state laws vary significantly when it comes to vehicle insurance schemes. Each scheme has specific limitations and relevant exclusions. Besides, recovery might depend on a specific insurance policy involved and the judicial choices in your state. To sort all these details out, both the injured pedestrian and the car driver must seek legal advice from a professional auto accident lawyer.