This post made possible by site supporter, Jane Brown
Being in a car crash is scary enough when you’re inside a vehicle. But being hit by a car when you’re walking or driving a bike is downright terrifying. There are no seatbelts or airbags to keep you protected. It’s metal on flesh.
I’ll never forget the first time I saw someone get hit by a car. It was in downtown Austin, TX at night. A young woman was coming out of a parking garage and decided to not stop at the exit like she was supposed to do. A bicyclist just happened to be crossing in front of the exit when she was coming out. Wham! Even though she couldn’t have been going more than 20-25 miles per hour the guy was flung from his bike hard.
What I witnessed next I found out years later is exactly what you shouldn’t do. The young woman got out of the vehicle freaked out and apologizing profusely. The guy was dazed but able to stand (luckily he was wearing a helmet). The young woman wanted to call 9-1-1 for him, but the guy refused. He shook it off, got back on his bike and rode away.
Too often people think if nothing seems seriously wrong at the time then they’re fine. Many times that isn’t the case. That’s the point when New York attorney Stephen J. Schwartzapfel meets many of his clients. They realize hiring a New York car accident attorney will be the only way to get help with the medical bills are that beginning to pile up.
Instead of doing what the guy in Austin did, here’s what you should do if you’re hit by a car while walking or biking.
Always Call 9-1-1
The first thing Schwartzapfel tells people to do is call 9-1-1. Even if there don’t appear to be serious injuries it’s best to let trained emergency responders determine whether or not that’s actually the case. Calling the police to the scene is vital for another reason.
The on-scene officer will write up a police report with their observations of what happened. When you seek compensation from the driver’s insurance company the police report can help back up your claim.
Go to the Doctor Immediately
Like the Austin cyclist I saw, you may feel fine right when the accident happens. Guess what – that’s likely due to the adrenaline that’s surging through your body. Some injuries also don’t present noticeable symptoms immediately.
Internal bleeding is a perfect example. You may feel a little light-headed but otherwise, everything seems fine from the outside. Internally there is a life-threatening issue that needs immediate medical attention.
In addition to protecting your health, going to the doctor right after the accident will prevent the insurance company from attempting to say an injury is unrelated. If you don’t go to the doctor right after the accident the insurance company’s lawyers may argue that the injury occurred after the accident not as a result of the accident.
Hire an Experience Accident Attorney ASAP
It’s great if your cousin Jimmy has been a prosecutor for 10 years. But that doesn’t mean he’ll make the best lawyer for your personal injury claim.
Things are already in motion the second the police are called to the scene. Within 24 hours it’s almost a guarantee that the driver’s insurance company will come knocking – if they have insurance. Schwartzapfel advises that a pedestrian or cyclist contact an experienced accident attorney as soon as possible.
Every conversation you have with the other party can make a difference. Every bit of information you share could potentially be used against your claim. An accident attorney knows the ropes. They know how the process works, how the insurance companies operate and what needs to be done to get the compensation you deserve as quickly as possible. Let them handle the talking so you can focus on the healing.
Don’t Assume You’ll Automatically Win a Case
It’s easy to place blame on the driver when a pedestrian or cyclist is struck. However, that doesn’t mean you’ll automatically win your case. The driver’s insurance company will want to investigate the matter to find out exactly what happened and whether the pedestrian or cyclist played a role.
For example, the insurance company will want to know if the pedestrian or cyclist was following the rules of the road. They’ll also inquire about the events leading up to the accident to find out if the pedestrian or cyclist was impaired in any way. Distraction is another issue. Recent reports show that distraction has increased pedestrian deaths.
This is when it really pays to have a lawyer. They can prepare you for getting grilled by the insurance company so you aren’t caught off guard.
Getting Your Medical Expenses Covered and Compensation
If you’ve taken the steps above and were following the laws you’re in a good position. The insurance company will do their best to minimize their own expenses, but that’s why you’ve got your own attorney.
Collect every single bill, receipt, and document connected to the accident. Take pictures of your injuries and any damage done to any property. Compile witness statements (hopefully you were in the position to get them at the scene or request that the police officer get them).
Getting your medical expenses covered requires that you prove those expenses are real and legitimate. Generally, if the driver was found to be at-fault for the accident his or her insurance company should pay for:
- Medical treatments
- Medical devices and equipment
- Medications
- Funds lost from missing work
- Damage done to property
- Pain and suffering
In an instant, an accident can happen and change your life forever. However, the recovery could take weeks, months or even years. The moves you make right after being hit can determine how things pan out once the dust settles.
Photo Credit: Getty Images
