According to an article released by the Austin American-Statesman, pedestrians accounted for 42 percent of all individuals killed in traffic accidents in Austin in 2018. Sadly, 31 pedestrians lost their lives to motorists just last year. This is the highest rate since 2011. While the city is making strides towards changing the culture of how pedestrians are treated, including passing Proposition G, which will funnel $160 million towards building intersections, streets, sidewalks, and upgrading signals, there’s still plenty of work that needs to be done. Unfortunately, many lives have already been damaged by distracted, speeding, drunk, and generally unsafe drivers. At Ramos James Law, we firmly believe that pedestrians deserve the same level of care and attention as any other motorist on the road. If you have been injured in an auto-pedestrian accident, or lost a loved one as the result of one, do NOT hesitate to contact our Austin personal injury attorney at (512) 537-3369 or send us an email to request an initial case evaluation.
The Proper Protocol
If you have been injured as a pedestrian in the Austin metro area, you will want to take the following steps to protect yourself and your rights.
1. Contact the proper authorities.
Contacting local law enforcement – or emergency responders if you have been injured – is absolutely vital to your safety and well being. If you are physically capable of doing so yourself, call 9-1-1 and provide detailed information about the location of the accident, the responsible party, and other important factors that can help the authorities locate you. This step is also crucial if you decide to file a claim with your insurance company or a claim against the negligent party. The police will make a detailed report of exactly what happened and this report can be used as evidence further down the line.
2. Get medical attention immediately.
While at the time of the accident you might not feel any pain or injury, it is in your best interest to get checked by a doctor immediately after the incident. This will help to establish that your injuries were real if you decide to file a claim against the responsible party. Be on alert for the following symptoms which indicate you may have suffered an injury:
- Back pain
- Tingling or numbness
- Abdominal pain
- Emotional distress
While it is completely understandable that you will be a bit confused and in shock after the incident, try to remain as calm as possible. It is in your best interest to act accordingly.
3. Begin to obtain information if possible.
If the driver at-fault remains on the scene, and you are safe, begin to obtain as much information about them as possible. This should include their name, their driver’s license number, license plate number, insurance information, and a valid phone number. On the other hand, if the driver appears to be inebriated and is acting in an irrational manner, avoid confrontation.
4. Collect evidence and document everything.
Collecting as much evidence and documentation as possible will prove to be extremely beneficial to your claim. Documents and evidence you will want to secure include:
- Photos of the scene of the accident
- Photos of your injuries and healing process
- Medical bills and documents
- Copies of prescriptions and treatment plan
- Police report
- A personal account of the accident and how it has affected you
If there were any eye-witnesses, it’s also worth noting that they can possibly vouch for you.
5. Follow your treatment plan exactly as outlined.
This is a very important step that will not only play an important role in your physical recovery but also your claim. Failing to follow your treatment plant can make it appear as if your injuries are not that severe or that you have already healed. This may result in your insurer devaluing or denying your claim. Make sure to attend all follow-up appointments and to continue taking all medications prescribed until otherwise noted by your doctor.
Discuss Your Pedestrian Accident Claim with Ramos James Law
If you have suffered injuries as the result of a negligent party, you may be able to obtain recovery for the damages you suffered. The pedestrian accident attorney, Laura Ramos James, has the necessary experienced and determination to help right the wrongs that have been committed against you.