Pedestrian accidents are always devastating. But when the vehicle involved is a commercial one, the claims process can be overwhelming. These types of accidents often lead to severe injuries, intricate liability concerns, and interactions with multiple parties, including large corporations and their insurance companies. You deserve compensation for your medical bills and other losses.
Steps to Take after a Pedestrian Accident Involving a Commercial Vehicle
Taking the proper steps in the days and weeks afterward can help you protect your rights and work toward the compensation you need to heal.
1. Prioritize Your Health and Safety
The first and most important thing you need to do after a pedestrian accident is to focus on your health. If you didn't seek medical attention immediately after the accident, that's okay, but it's critical to visit a doctor or healthcare professional as soon as possible now.
Even if you feel fine or think your injuries are minor, internal or delayed injuries such as concussions, internal bleeding, or soft tissue injuries may not show symptoms for hours, days, or even weeks. A complete medical evaluation will not only protect your well-being but will also serve as valuable documentation of your injuries.
If you've already visited a doctor, be sure to attend all follow-up appointments and adhere to the medical advice you receive. Not only does this aid in your recovery, but it also shows the validity of your injuries should your case progress to negotiations or court.
Also, consider keeping a journal detailing your symptoms, doctor visits, medications, therapies, and how your injuries affect your daily life. This can be valuable evidence in proving the full extent of your injuries.
2. Document What You Can
If you didn't have the chance to document the scene of the accident right after it happened, don't worry. There are still ways to gather evidence that can strengthen your case. Here are some steps you can take now to start building an information archive:
- Write Down What You Remember
While the details are still fresh in your mind, jot down everything you can recall about the incident. What time was it? What was the weather like? Where were you standing or walking? What did the vehicle look like? Try to capture as many details as possible, including the actions of the driver and any conversations you may have had with witnesses, paramedics, or police.
- Photographs and Videos
If you didn't get a chance to take photos of the accident scene immediately after, you can still revisit the location and take pictures. Make sure to capture any traffic signals or signs, crosswalk markings, skid marks on the road, or conditions that may have contributed to the accident.
- Gather Witness Information
If you didn't collect witness names and contact information at the time, think about whether anyone nearby might have seen what happened. Perhaps a business in the area has employees who witnessed the accident or security cameras that recorded the scene.
- Save Everything You Receive
From bills and receipts to letters and emails from insurers, save every single piece of paperwork related to your accident. These documents can serve as evidence and help prove the financial burden the accident has caused you.
Evidence forms the backbone of your case for compensation. The more evidence you can collect, the stronger your case.
3. Report the Accident (If You Haven't Already)
When commercial vehicles are involved in pedestrian accidents, there may be additional layers of responsibility involving companies, insurers, and even government agencies. If you didn't report the accident immediately after it happened, you can still do so. Contact local law enforcement and provide them with as much information as you can. Filing a police report can be incredibly important if you need to hold the driver or their employer accountable.
Some states and jurisdictions require accident reports to be filed within a specific timeframe, so it's important to act promptly. Even if you don't know all the details, law enforcement can help you document the circumstances of the accident correctly.
If the commercial vehicle was operated by someone driving for work, inform the company they work for about the incident. Be mindful, however, as commercial insurers or employers often have strong legal teams on their side who may try to minimize your claim. Proceed cautiously, and don't feel pressured to provide detailed statements or sign anything without proper legal guidance of your own.
4. Know Who May Be Responsible
When a commercial vehicle is involved, it's not just the driver who may be held liable for the accident. It's important to understand all the potential parties who may share responsibility for your injuries.
- The Driver of the Vehicle
If the driver was distracted, reckless, or under the influence, they could be directly responsible for the incident.
- The Employer
If the driver was working at the time of the accident, their employer might share liability. Employers are required to ensure proper training, maintenance of their vehicles, and adherence to legal standards for employee conduct.
- Vehicle Manufacturers or Maintainers
If the accident was caused by a mechanical failure, such as faulty brakes or tire blowouts, the company that manufactured or maintained the vehicle may be liable.
- Third Parties
Sometimes hazardous road conditions, faulty traffic signals, or other external factors come into play. Identifying all the responsible parties may strengthen your claim and increase your ability to recover compensation.
Understanding who is responsible can be a complex process. This is where gathering evidence and seeking professional legal help will be crucial in uncovering the full picture.
5. Be Cautious with Insurance Companies
This step can be one of the most frustrating for anyone involved in an accident with a commercial vehicle. Insurance adjusters representing corporate clients often aim to protect the company's bottom line. This could mean offering a quick settlement far below what you truly deserve or challenging the validity of your injuries altogether.
Here's what you need to keep in mind when dealing with insurance representatives:
- Avoid Speaking to Them Without Guidance
The insurance company may contact you right away under the guise of helping you resolve the claim quickly. Be cautious. Anything you say could be used against you later. Politely decline to provide statements or sign any documents until you've spoken to someone who can guide you through the process. - Do Not Accept Initial Settlement Offers
Insurance companies often present low-ball offers early, hoping you'll accept while you're stressed and overwhelmed. Remember, their priority is protecting their profit, not securing your recovery. - Keep Detailed Records
Document every interaction you have with the insurance company. This includes letters, emails, and phone calls. Keep copies of medical bills, receipts, and other expenses related to the accident to support your claim.
Knowledge is power when it comes to negotiations, and having all your records organized will put you in a stronger position. Simply put, be cautious and meticulous in your interactions, and seek legal counsel. Protecting your rights is paramount.
6. Understand What Damages You May Be Entitled To
A pedestrian accident involving a commercial vehicle can leave you facing significant losses. The types of damages you may pursue fall into a few categories, such as economic, non-economic, and punitive damages.
- Economic Damages
These include direct financial losses like medical bills, lost wages, rehabilitation costs, and property damage. Document all your expenses thoroughly to support your case.
- Non-Economic Damages
These cover intangible losses like pain and suffering, emotional distress, and loss of quality of life. Although harder to quantify, they often form a large part of personal injury claims.
- Punitive Damages
In rare circumstances, if the commercial driver or employer acted with gross negligence, punitive damages might apply. These aim to punish the wrongdoer and deter similar behavior from others.
7. Seek Legal Guidance
Lastly, you don't need to go through this alone. Dealing with a pedestrian accident involving a commercial vehicle is overwhelming, and the legal system can feel daunting. But experienced professionals are here for you.
This is the moment when reaching out to a dedicated team of advocates can make all the difference. They can help investigate the accident, gather evidence, negotiate with insurers, and ensure your voice is heard.
Understanding the Role of Commercial Vehicles in Accidents
When a commercial vehicle is involved, things get more complicated. Commercial vehicles include trucks, delivery vans, ride-share cars, buses, and other vehicles typically owned or operated by companies rather than individuals. The involvement of a company or corporation adds layers to the process that you wouldn't experience in an accident with a privately-owned vehicle.
Here are a few key factors that make commercial vehicle accidents different:
- Companies and Their Responsibilities
Employers are often responsible for the actions of their employees while on the job. This means that if a commercial driver was at fault, the employer or company might share liability. - Federal and State Regulations
Commercial vehicles are required to follow a strict set of rules and regulations. These include adhering to safety standards, maintaining logbooks, and limiting driving hours. If these rules were violated, it might strengthen your case. - Insurance Policies
Commercial vehicles are usually covered by corporate insurance policies, which are often larger than personal policies. The claims process can be complex when dealing with large insurance companies and their attorneys.
These factors emphasize the importance of having a qualified lawyer if you are involved in an accident with a commercial vehicle.
Navigating the Legal Process
While not all accidents require legal action, those involving commercial vehicles often do because of their complex nature. The process usually includes:
- Investigations
This may involve gathering accident reports, medical records, witness statements, and potentially working with experts to recreate the accident. - Determining Damages
Financial damages might include medical bills, lost wages, and future costs related to rehabilitation or long-term care. Non-economic damages like pain and suffering may also apply. - Securing Representation
Having someone knowledgeable about the intricacies of these cases can make a difference in securing what you truly deserve. Representation can help you understand your options, negotiate effectively, and, if necessary, take your case to court.
It's not easy to think about legal matters when you're in pain or trying to recover, but knowing your rights and options can protect your future.
Focusing on Your Recovery
As you work through the complexities of dealing with liability and insurance, it's important to focus on your recovery. Here are reminders to help you during this challenging time:
- Follow Your Doctor's Orders
Attend all medical appointments and follow the treatment plan outlined by your healthcare provider. Not only will this aid your recovery, but it also demonstrates the seriousness of your injuries to insurers or a court. - Allow Yourself Time to Heal
Physical and emotional recovery can take time. Understand that it's okay to seek support, whether from loved ones, counselors, or support groups. - Avoid Social Media
Sharing details about the accident or your recovery online could be used against you by insurance companies or attorneys on the opposing side. Keep details private until your case is resolved.
Remember, your well-being is the most important factor in all this.
Talk to Trusted Pedestrian Accident Lawyers Near You
The days and weeks after a pedestrian accident involving a commercial vehicle can feel isolating and exhausting. But you don't have to deal with it alone. If you need guidance, support, or someone to fight for your rights, Legal Fighters is here for you.
At Legal Fighters, we understand the emotional and physical toll that accidents like these can take on victims and their families. That's why we dedicate ourselves to ensuring that our clients receive the justice, medical treatment, and financial compensation they deserve. With over $2.5 billion recovered and thousands of cases successfully resolved, our compassionate team is here to guide you every step of the way.
If you or a loved one has been in an accident, please don't hesitate to reach out. Contact us today at (800) 210-0000 or through our online form for a free, no-obligation consultation.