Texas drivers have a responsibility to drive safely, which includes following all traffic laws and remaining aware of pedestrians on the road. Unfortunately, not all drivers are careful around others on the road, leading to serious collisions and severe injuries to pedestrians.
If you are in a pedestrian accident in Texas, you may have grounds for a lawsuit or insurance claim against the at-fault driver. In this situation, you will need to take steps to protect yourself, preserve evidence, and seek help.
#1: Call 911
As soon as possible following the collision, get out of the road and call 911. This will bring police and emergency medical services to the scene. Even if you do not believe the accident was serious, it is very important to speak to law enforcement. The responding officer will create a report that you can use in your future personal injury claim. When speaking with the police, ask the officer for his or her name and badge number so you can find the report at a later date.
#2: Seek Medical Attention
After any collision, it is very important to seek medical attention as soon as possible. You should always go to the hospital, even if you do not feel injured. You may have injuries you are not aware of at the time. Failure to seek medical attention could also harm your future claim, leading the insurance company to believe that your injuries are not serious.
While at the hospital, save all records related to your treatment and your injuries. These documents will serve as valuable evidence in your future claim, helping prove the nature and the extent of the damage you suffered.
#3: Document Your Injuries
If possible, you should take steps to document evidence at the scene of the accident. Take as many photographs from as many angles as possible. Try to capture your visible injuries, property damage, and the driver’s vehicle. If there are skid marks, debris, or any traffic signs or signals in the area, photograph these elements as well.
#4: Exchange Information with the Driver
Before leaving the scene, exchange contact information with the at-fault driver. Ask the driver to provide his or her license and insurance details as well. Keep your interactions with the driver brief and do not make any statements about the accident or your injuries. The driver and his or her insurance company could use anything you say at this stage as evidence against you during the future claim.
#5: Speak to Witnesses
If any people witnessed the accident, ask them if you could have their contact information. You could ask these witnesses to provide testimony on your behalf during your future claim, helping establish the events leading up to the accident. With this information, you can corroborate your story and prove your right to compensation.
#6: Contact an Attorney
After your collision, a representative from the at-fault driver’s insurance company may contact you and ask for a statement. Decline this request and contact a McAllen pedestrian accident attorney as soon as possible. While the goal of the insurance company is to protect its bottom line, a lawyer will act as an advocate for your right to compensation during each stage of your case.
Hiring an attorney can provide several benefits to your case, including knowledge of the pedestrian accident claims process and the ability to handle all aspects related to your claim, allowing you to focus on recovery. As soon as possible following the accident, contact a lawyer to discuss your path to compensation.
