Hitting a pedestrian while driving is scary, but not uncommon. Pedestrians, meaning people traveling by foot, roller skates, electric scooter, stroller, or similar means, are among the most vulnerable users of the road. According to the Centers for Disease Control and Prevention, 4,280 pedestrians were killed in traffic accidents during 2010, or an average of one crash-related pedestrian death every 2 hours. Every eight minutes a pedestrian sustained a crash-related injury totaling 70,000 injured pedestrians in 2010.
As a driver, it is important to know what to do immediately following an accident with a pedestrian. By staying calm and speaking to the right parties, you can minimize your liability.
What To Do Right After a Pedestrian Accident
1. Remove yourself and any injured people from immediate danger and call 911.
2. Identify the pedestrians or other drivers involved in the accident. If no one is incapacitated, be certain to get their names, addresses, home and work phone numbers, makes and models of vehicles, and the names of the registered owner of the vehicles. Identify any witnesses and get their names and phone numbers as well.
3. Avoid talking extensively with the pedestrian or their friends and family. Admitting fault, or making any statements that imply the accident might have been your fault, could expose you to a personal injury lawsuit. Instead, write down all the details you can. Make notes about weather and road conditions, pedestrian and vehicle positions, and take pictures if you can.
4. Call and report the accident to your insurance company even if you believe someone else is at fault. Your insurance company is entitled to be notified in order to preserve your rights to insurance coverage.
5. Contact an experienced criminal defense attorney as soon as possible. Never speak to the other party’s attorney, instead inform them that you have retained counsel and provide them with his or her information. If you are arrested, refrain from speaking with the police until your attorney is present.
How a Denver Criminal Defense Attorney Can Help
When a driver hits a pedestrian, usually the biggest question is: “Who is at fault?” The law of negligence determines fault. A person who fails to exercise a reasonable standard of care under the circumstances may be considered negligent. However, both the pedestrian and the driver can be negligent.
A Denver criminal defense attorney who is experienced with pedestrian accident cases can help guide you through the process once the complete assessment of liability and scope of injuries is known. If you were driving drunk at the time of the pedestrian accident, you may be facing DUI charges, as well as other criminal charges. If charges are being filed against you for vehicular manslaughter or vehicular homicide, you will need an experienced criminal defense attorney on your side immediately. Your future—and your freedom is at stake.
Denver criminal defense attorney Steven Louth has successfully represented individuals who are accused of committing crimes throughout Colorado. He understands that your future and your freedom are at stake, and as such; he is always ready to fight the tough fight. The moment you step into his office you are never just a number—you become his number one priority.
If you have been arrested and charged with a crime in Denver, Boulder, or anywhere in Colorado, call Steven Louth Law Offices at 303-442-2297 today for a free case evaluation. No matter how serious the charges are against you, there are ways to fight them. Call today!