Pedestrian accidents are unfortunate events that can lead to serious injuries and significant emotional distress. Understanding the appropriate steps to take immediately after such an accident is crucial for ensuring your safety, protecting your legal rights, and facilitating the recovery process. In Colorado, pedestrian accidents occur frequently, given the growing population and b city environments. Knowing how to respond effectively can make a substantial difference in the outcome of your case and your overall well-being.
Ensure Your Safety and Seek Medical Attention
The first and most critical step after being involved in a pedestrian accident is to ensure your safety and assess any injuries. If you are able to move, try to get out of the street and away from any potential further harm. It’s essential to check yourself for injuries, even if they seem minor at first glance. Often, the adrenaline rush that follows an accident can mask the severity of your injuries. If you suspect any injury, no matter how slight, it’s vital to seek immediate medical attention. Contact emergency services or have someone else call 911 if you are unable to do so.
Receiving prompt medical care is not only crucial for your health but also serves as documented evidence of the injuries you sustained in the accident. Medical records play a significant role in any subsequent legal claims, helping to establish a direct link between the accident and your injuries. Follow all medical advice and keep all documentation related to your treatment.
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Free Consultation Download PDFReport the Accident to Authorities
Once you have addressed your immediate safety and health needs, the next step is to report the accident to the appropriate authorities. In Colorado, it is mandatory to report pedestrian accidents to the local police. When the police arrive at the scene, provide them with a clear and accurate account of what happened. This includes details about the location, the time of the accident, and any factors that might have contributed to the incident, such as poor visibility or road conditions.
The police report generated from this will serve as an official record of the accident. It will include crucial information such as the names and contact details of involved parties, witness statements, and possibly even an initial determination of fault. Make sure to obtain a copy of this report, as it will be an essential piece of evidence if you decide to pursue a legal claim.
Gather Evidence and Document the Scene
Collecting evidence at the scene of the accident can significantly strengthen your case. If you are physically able, take photographs of the accident scene, including the position of vehicles, any visible injuries, and any factors that may have contributed to the accident such as traffic signals, crosswalks, or road hazards. If there are any witnesses, ask for their contact information and if they are willing, take a brief statement regarding what they saw.
Keep a personal account of the events leading up to, during, and after the accident. Note your actions, the driver’s behavior, and any conversations you had at the scene. This detailed documentation can be invaluable in providing a clear and consistent narrative when filing a claim or if the case goes to court.
Contact a Personal Injury Attorney
Navigating the aftermath of a pedestrian accident can be overwhelming, especially when dealing with injuries and emotional trauma. Engaging the services of a personal injury attorney who has experience with pedestrian accident cases in Colorado can provide you with the guidance and support you need. An attorney will help you understand your legal rights, evaluate your case, and outline the best course of action to secure fair compensation for your injuries and losses.
A personal injury attorney will handle all communication with insurance companies and other parties involved, allowing you to focus on your recovery. They will gather and preserve evidence, negotiate settlements, and if necessary, represent you in court. Legal representation can significantly enhance your chances of receiving a favorable outcome.
Notify Your Insurance Company
After seeking medical attention and reporting the accident to the authorities, it’s important to notify your insurance company about the incident. Provide them with the necessary details and any documentation you have gathered, including the police report and medical records. Be cautious when speaking with insurance adjusters, as their primary goal is to minimize the payout. It’s advisable to consult with your attorney before providing any statements or signing any documents from the insurance company.
Your attorney can assist in managing communication with the insurance companies to ensure that your interests are protected and that you do not inadvertently compromise your claim. Remember that the insurance process can be complex and having professional legal assistance can help you navigate it effectively.
Understand Colorado’s Pedestrian Laws and Liability
Understanding the specific laws and liability rules in Colorado regarding pedestrian accidents is crucial. Colorado operates under a comparative negligence system, meaning that if you are found to be partially at fault for the accident, your compensation may be reduced by the percentage of your fault. For example, if you were 20% at fault, your compensation would be reduced by 20%.
Pedestrians generally have the right of way at crosswalks and intersections, but this does not absolve them from exercising reasonable care. If you were jaywalking or crossing against a signal, this could impact your case. An attorney will help you understand how these laws apply to your situation and build a case that takes into account all relevant factors.
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Lucas Garcia
Mark Hanchey has been excellent. I spoke with him last minute before my court date. He still showed up to court with me and was very caring and helped me before I had even officially hired him. I felt like he cared about me and my case. He knows his craft very well and you can tell that the judge and other attorneys respect him when he is in court. He is also very kind. I recommend him to anyone. An excellent attorney.
Renee Braucht
I had an amazing experience with the Hanchey Law Firm! Mr. Hanchey got me the absolute best result I could have imagined for my case. I can’t even tell you how many times I’ve heard, “wow, you must have had a really good lawyer!” when discussing the result. I live far from Colorado Springs, but I will forever make the trip for this firm when I need them! Highly recommend!
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Keep a Detailed Record of Your Recovery Process
Throughout your recovery, maintain a detailed record of your medical treatments, progress, and any challenges you face. This includes keeping all receipts for medical expenses, documenting time off work, and noting any impact on your daily life and activities. These records will be vital in quantifying your damages and substantiating your claim for compensation.
Additionally, keep a journal of your pain levels, emotional state, and any other ways the accident has affected you. This personal account can provide a comprehensive picture of your suffering and its impact on your quality of life, which can be important in a personal injury case.
Follow Up on Medical Treatments and Legal Proceedings
Consistently follow through with all prescribed medical treatments and attend all follow-up appointments. Not only is this essential for your health, but it also demonstrates to the insurance companies and potentially the court that you are taking your recovery seriously. Failure to follow medical advice can be used against you to argue that your injuries are not as severe as claimed.
Keep in regular contact with your attorney to stay informed about the progress of your case. Respond promptly to any requests for information or documentation to ensure that your case moves forward without unnecessary delays. Your attorney will keep you updated on negotiations with insurance companies and any developments in the legal proceedings.
Contact Us Today
At the Law Firm of Mark S. Hanchey, we understand the profound impact a pedestrian accident can have on your life. Our dedicated team is committed to providing compassionate and effective legal representation to ensure that you receive the compensation you deserve. If you or a loved one has been involved in a pedestrian accident in Colorado, do not hesitate to reach out to us for a free consultation. Let us handle the legal complexities while you focus on your recovery contact the Law Firm of Mark S. Hanchey today and take the first step towards securing justice and peace of mind.