If you or someone you care about has been hit by a vehicle while walking, knowing the crucial steps to take right away can significantly impact your health, safety, and potential legal rights. The immediate moments after such an incident are vital for documenting what happened, securing necessary medical attention, and protecting your future well-being. This guide will walk you through the essential actions to consider immediately after a pedestrian accident, offering clarity during a challenging time.
The moments right after a pedestrian accident can be chaotic, but focusing on a few key priorities can make a big difference. Your safety and well-being should always be the top concern.
Your first action should be to ensure your safety and that of others. If possible, move out of the path of traffic to a secure location. Even if you feel fine, it’s incredibly important to seek immediate medical attention. Adrenaline can mask pain, and some serious injuries, like concussions or internal bleeding, may not be immediately apparent.
Consider these actions:
Receiving prompt medical care isn’t just about your health; it also creates an important record of your injuries directly linking them to the accident.
Even for seemingly minor incidents, it is critical to have law enforcement come to the scene. The Tulsa Police Department will create an official accident report, which can be an invaluable document for any future claim.
Here’s why calling the police is essential:
When police arrive, cooperate fully but stick to the facts of what happened without speculating or admitting fault.
While you wait for emergency services, if your condition allows, try to gather as much information as you can about the accident and the parties involved. This information will be vital for any subsequent investigation or claim.
Make sure to collect:
Remember to take clear, well-lit photos from various angles to provide a comprehensive visual record.
Once you’ve left the immediate scene of the accident, whether going to a hospital or returning home, there are still important steps to take to protect your health and any potential legal rights.
Following up on your initial medical assessment is paramount. Even if you were checked out by paramedics at the scene, schedule an appointment with your primary care physician or a specialist for a thorough evaluation. Some injuries, like whiplash or soft tissue damage, may not show symptoms for hours or even days.
Critical steps for your medical care include:
Thorough medical documentation creates a clear timeline of your injuries and treatment, directly connecting them to the pedestrian accident. This is critical in demonstrating the extent of the harm you have suffered.
Oklahoma, like other states, has specific laws designed to protect pedestrians, but also to outline their responsibilities. For instance, regarding the rights-of-way in crosswalks, Oklahoma generally states that drivers must yield to pedestrians. However, other sections also address pedestrian duties, such as not darting into traffic.
Key aspects of Oklahoma pedestrian law often considered in accidents:
Oklahoma follows a modified comparative negligence rule. This means that if you are found to be 51% or more at fault for the accident, you cannot recover any compensation. If you are less than 51% at fault, your compensation may be reduced by your percentage of fault.
It’s common for insurance adjusters from the at-fault driver’s company to contact you quickly after an accident. They may seem helpful and sympathetic, but their primary goal is to protect their company’s bottom line by minimizing payouts.
When dealing with insurance companies, remember these points:
It is always advisable to consult with a legal professional before speaking extensively with insurance adjusters or signing any documents.
The legal system surrounding personal injury claims, especially those involving pedestrian accidents, can be intricate. An experienced attorney can provide invaluable support and guidance.
A pedestrian accident claim involves complex legal principles, evidence gathering, and negotiations with powerful insurance companies. An attorney who understands Oklahoma personal injury law can level the playing field.
A legal team can assist by:
Having someone on your side who understands the process and fights for your best interests can significantly improve your chances of obtaining the compensation you deserve.
In a pedestrian accident case, a core concept is negligence. This legal term refers to a failure to act with the level of care that someone of ordinary prudence would have exercised under the same circumstances. To prove negligence, your legal team will work to establish several key elements:
Demonstrating these elements is crucial for a successful personal injury claim.
It’s important to be aware of the statute of limitations, which is a legal deadline for filing a lawsuit. In Oklahoma, for most personal injury claims arising from a pedestrian accident, you generally have two years from the date of the injury to file a lawsuit. If you miss this deadline, you may lose your right to seek compensation through the court system, regardless of the merits of your case.
This deadline applies even if you are in ongoing negotiations with an insurance company. An experienced legal professional can help ensure that all necessary paperwork is filed within the appropriate timeframe.
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If another party’s negligence caused your pedestrian accident, you may be eligible to recover various types of compensation, known as “damages.” These damages are intended to help you financially recover from your losses and get your life back on track.
Potential types of compensation include:
Your legal team will thoroughly assess your economic and non-economic losses to pursue a comprehensive settlement or verdict that accounts for both your immediate and long-term needs.
When you’re dealing with injuries from a pedestrian accident in Tulsa, it’s natural to have many questions. Here are some common inquiries that arise, addressing topics that might not have been fully covered yet.
If the at-fault driver is uninsured, your own uninsured motorist (UM) coverage on your auto insurance policy may cover your medical expenses and other damages. It is advisable to review your policy or speak with a legal professional to understand your options.
You should notify your own insurance company about the accident, especially if you plan to use your own personal injury protection (PIP) or uninsured/underinsured motorist (UM/UIM) coverage. However, it’s best to discuss the details with your attorney first.
It’s common for accident survivors to have gaps in their memory due to the trauma. Your legal team can help by gathering evidence such as police reports, witness statements, surveillance footage, and accident reconstruction to piece together what happened, even if your memory is incomplete.
Claims against government entities, like the City of Tulsa or a state agency, have very specific and strict procedures and much shorter deadlines than typical personal injury claims. These often involve specific notice requirements that must be met within a limited time frame, making immediate legal consultation crucial.
Facing a pedestrian accident in Tulsa can be a life-altering experience, leaving you with physical injuries, emotional distress, and significant financial burdens. You don’t have to face the challenges of recovery and the complexities of the legal system alone. Understanding your rights and having dedicated legal support can make a substantial difference in achieving a just outcome.
If you or a loved one has been seriously injured in a pedestrian accident, the attorneys at Graves McLain Injury Lawyers are here to help. Our experienced team is committed to obtaining justice for victims of negligence, working tirelessly to understand the full weight of your injuries and how they have affected your life. We offer free consultations and handle cases on a contingency fee basis, meaning you pay nothing upfront.
Contact Graves McLain Injury Lawyers today to discuss your situation and learn how we can protect your rights and help you pursue the compensation you deserve.
