Disclosure – this is a collaborative post.
A morning run or walk can change in seconds when a car hits you. One moment, you are thinking about your route or your workout. Next, you are on the ground trying to figure out what just happened.
Pedestrians have little protection when they are struck by a vehicle, which is why knowing what to do after a crash matters. If you are walking or running in San Jose and get hit by a car, the steps you take afterward can help protect both your health and your legal options.
Here are five important things to do after a pedestrian accident.
1. Get Medical Attention, Even If You Feel Fine
The first priority after any pedestrian accident is your health. If you are seriously injured, call 911 or have someone nearby do it for you.
Even if you think you escaped with only a few scrapes or bruises, getting checked by a medical professional is still a good idea. Some injuries may not be obvious right away, particularly after the shock of being hit.
A medical examination also creates a record of what happened and when you were treated. Follow your doctor’s instructions and keep records of appointments, prescriptions, medical bills, and any follow-up care.
Do not let feeling okay in the first few hours convince you that nothing is wrong. Symptoms can develop later, especially in cases involving traumatic brain injury, and having a medical record can become important if you need to show how the accident affected you.
2. Report the Accident and Gather Evidence
If a car hits you, make sure the accident is reported to the police. If you are able to do so safely, take photographs of the scene, the vehicle, your injuries, traffic signs, crosswalks, road conditions, and anything else that may help explain what happened.
Get the driver’s name, contact information, license plate number, and insurance details. If anyone witnessed the collision, ask for their contact information too. Your phone can be useful here, but do not put yourself in danger trying to photograph something or collect evidence. Your safety comes first.
It can also help to write down what you remember as soon as possible. Note the direction you were traveling, where you were crossing, what the traffic signal showed, and what the driver did before the impact. These details can become harder to remember as time passes.
3. Be Careful When Talking to the Driver’s Insurance Company
After an accident, the driver’s insurance company may contact you to ask questions about what happened. You may also be asked about your injuries or how the collision occurred.
It is fine to report the accident and provide basic information, but be careful about making statements that could later be used against you. Do not guess about details you cannot remember, and do not downplay your injuries simply because you are unsure how serious they are.
If you are dealing with an insurance company while also recovering from an injury, having a pedestrian accident attorney in San Jose speak with the insurer on your behalf can take some pressure off. A lawyer can also review the circumstances of the crash, the available evidence, and your losses to help you understand whether you may have a personal injury claim.
Accident attorneys such as Habbas & Associates are helpful when estimating what potential compensation covers, such as medical expenses, lost wages, future earning losses, and pain and suffering, depending on the circumstances of the case.
4. Keep Track of Your Losses
A pedestrian accident can affect your life in ways that are easy to overlook while you are focused on getting better.
You may have medical bills, prescription costs, physical therapy expenses, or transportation costs for appointments. If your injuries prevent you from working, you may also lose income.
Keep copies of bills, receipts, pay records, and other documents connected to the accident. It can also be useful to keep notes about how your injuries affect normal activities.
For a runner, for example, an injury may mean missing training sessions, races, or other activities that were part of a regular routine. If the injury limits your ability to work, exercise, drive, or take care of daily responsibilities, keep track of those changes. These details can help show the full effect of the accident rather than only the first medical bill.
5. Understand Your Legal Options Before Accepting a Settlement
You may be entitled to compensation if another person’s negligence caused your injuries. But determining whether you have a claim is not always as simple as asking who was driving. California uses comparative negligence rules, which means a person’s own share of responsibility can affect the amount they recover. For example, if evidence shows that both the driver and pedestrian contributed to an accident, the pedestrian’s compensation may be reduced based on their share of fault.
This is one reason it can be useful to understand your legal options before accepting an insurance settlement. California courts generally give people two years from the date of a personal injury to file a lawsuit, although exceptions can apply depending on the circumstances.
You do not need to decide immediately that you are going to court. A legal consultation can simply help you understand what your claim may involve, what losses could be recoverable, and whether an insurance offer fairly reflects the situation.
Final Thoughts
Being hit by a car can disrupt far more than a single walk or run. Recovery may involve medical treatment, time away from work, changes to your exercise routine, and financial stress.
Focus first on getting medical care and staying safe. Then preserve the evidence, keep track of your losses, and be careful when dealing with insurance companies. If another person’s actions caused the crash, understanding your legal options early can help you decide what to do next without making a rushed decision.
Disclosure – this is a collaborative post.
