What to Do Immediately After the Accident
Get medical and legal help.
Exchange contact information, but not much more.
Who Is at Fault?
When a driver hits a pedestrian, often the biggest question is: Whose fault was it? Generally, fault is determined by the law of negligence. In oversimplified terms, a person who fails to exercise reasonable care under the circumstances may be considered “negligent.”
The police will take statements from the driver, pedestrian, and witnesses to determine who was at fault. They may make a preliminary finding on the spot or conduct a detailed investigation.
The police report from the accident could indicate which party the law enforcement officer saw as being at fault. Auto insurance companies, however, may dispute any such finding. Insurance companies typically send an adjuster to the scene of the accident, or view the damage to persons and property soon after the accident has occurred. If you believe that your insurance company will unfairly assign you a greater percentage of fault, consider retaining a personal injury attorney who will fight for you.