Pedestrian accidents can be traumatic and life-altering events. The moments following a pedestrian accident can be disorienting, but taking these immediate actions can significantly impact your well-being and any future legal proceedings. In this blog post, we’ll walk you through the steps you should follow after a pedestrian accident. Additionally, we will discuss the statute of limitations for pedestrian accident claims and how certain exceptions may impact your claim.
Ensure Safety First
Your safety is paramount. Move to a safe location away from traffic if possible. If you are unable to move, signal for help and wait for emergency services.
Seek Medical Attention
Even if your injuries seem minor, it’s crucial to seek medical attention promptly. Some injuries may not be immediately apparent, and a medical evaluation can document the extent of your injuries.
Contact Law Enforcement
Report the accident to the police, providing details of the incident. A police report can serve as valuable evidence later on.
Exchange contact and insurance information with the involved parties. Additionally, collect contact details from any witnesses, as their statements may be crucial in establishing liability.
What is the Time Limit for Filing a Pedestrian Accident Claim?
It is extremely important to file your pedestrian accident claim within your state’s time limit,otherwise you may not receive the compensation you deserve. For example, the statute of limitations in California for a personal injury lawsuit is two years. According to the Oakland pedestrian accident attorneys at Milanfar Law Firm explain that there are certain exceptions that may impact the deadline for filing your claim.
- Delayed Discovery: This exception is applicable when you were unaware of your injury or unaware that someone else’s negligence caused your injury. The statute of limitations begins to run once you discover your injury or become aware of the negligence of another party. It’s crucial to document the date of discovery, as it can affect the filing deadline.
- Defendant’s Departure from California: The second exception involves the defendant leaving the state before the lawsuit is filed. If the responsible party departs California, the statute of limitations is paused. If they return to the state, they may face additional legal consequences. This exception emphasizes the importance of timely action, especially if the at-fault party is planning to relocate.
The Importance of Timely Action
Understanding the time limits for filing a pedestrian accident claim is essential. Failing to adhere to these deadlines can jeopardize your ability to seek compensation for your injuries. Initiating legal proceedings promptly allows your attorney to gather evidence, interview witnesses, and build a strong case on your behalf.
After a pedestrian accident, your focus should be on recovery, both physically and emotionally. Taking immediate actions, seeking medical attention, and understanding the time limits for filing a claim are crucial steps in this process. Remember, time is of the essence, so don’t hesitate to seek the assistance you need to protect your rights and pursue the compensation you deserve.