No one wants to be in a car accident, but such an incident can be even more of a concern when you've hit a pedestrian. Given the pedestrian's physical vulnerabilities, there's a significant chance that you'll cause him or her some form of injury. It's not a given that the pedestrian will pursue legal action against you, but you need to accept that this could be possible. How you interact with the pedestrian immediately after the incident can play a role in either helping or hindering the case against you. Here are some dos and don'ts about talking to the pedestrian:
Do: Ask If He/She Needs Help
As much as you might like to tell the pedestrian that he or she is fine as a way of diffusing the situation, this is a poor approach. As soon as you can, ask the pedestrian if he or she needs help. If the pedestrian isn't able to respond, which may be the case if he or she was knocked unconscious, call the authorities immediately. Afterward, you can detail how you helped in this manner, which may help your case.
Don't: Apologize For The Accident
While it might seem cold-hearted not to apologize for the accident, you need to remember that saying sorry in this situation can seem to suggest that you were to blame. People don't commonly apologize about things for which they aren't to blame, so making a point of not saying that you're sorry — especially if there are people around who are listening and may later talk to investigators — shows no immediate culpability on your behalf.
Do: Talk To Witnesses If You Feel The Pedestrian Was Responsible
There are a lot of car/pedestrian collisions in which the motorist is to blame, but there can also be scenarios in which the pedestrian caused the collision. For example, perhaps he or she darted into traffic against the crosswalk, and you ran into him or her. In such a scenario, try to ask a witness to stick around and speak to the police when they arrive.
Don't: Go Over What Happened
If the pedestrian is able to talk and remember the incident, he or she may be eager to talk about what happened with you. There's generally little value to getting into this discussion. It can often get heated, and you may say something that could hinder your case. Don't be worried about seeming rude; you're better off keeping quiet and sitting in your car if you have to.
If you've been involved in an accident with a pedestrian, contact an auto accident lawyer in your area today.
