Pedestrian accidents are scary, yet common occurrences. Tens of thousands of people are injured and killed in these accidents each year, but it only takes a 10-mile-per-hour crash to cause lifelong disabilities. It’s important for drivers to know what to do after a pedestrian accident, and it’s equally vital for them to learn how to avoid these incidents.
After the Accident
In most cases, drivers who hit a pedestrian get very upset afterward. However, they should breathe deeply and focus on:
- Safety – Get injured parties to a safe place, and don’t try to administer aid beyond that which is required in an emergency.
- Get legal and medical help – Now, call the police, EMS, and insurance providers.
- If a driver faces potential criminal charges, accident attorneys in Middletown, OH can provide advice.
- Exchange information – If the pedestrian can walk and talk, exchange names, phone numbers, and insurance information. Admitting fault or apologizing could leave a driver vulnerable to a personal injury suit, so discretion is crucial.
Who’s Responsible?
When drivers hit pedestrians, the biggest questions are typically focused on liability. Usually, the fault is determined by the state’s negligence laws, and a person who fails to exercise reasonable care may be regarded as negligent. However, the pedestrian and the driver may share the blame. For instance, the pedestrian may have crossed the street illegally while the driver may have been speeding. Ohio follows the doctrine of comparative negligence, which means a party can recover for their injuries even if they’re partially at fault. However, the award is reduced according to the claimant’s share of fault.
Insurance Companies’ Findings and Police Reports
After an auto accident, the police will ask for statements from the driver, the pedestrian, and any bystanders to determine fault. They might make a finding immediately, or they may conduct an investigation. The accident report will show which party is to blame, but auto insurers often dispute these findings. If a client believes their insurer will assign them a disproportionate level of fault, they should consider retaining the services of accident attorneys in Middletown, OH.
Seek Legal Advice
State laws vary as far as auto insurance is concerned, and all policies have exclusions and limitations. Additionally, recovery might depend on the policies involved as well as the state’s judicial decisions. To sort things out, drivers and pedestrians alike should seek legal counsel. Click here to fill out an online contact form and get the help you need.
