What to Do After a Pedestrian Accident

If you or a loved one has been involved in a pedestrian accident, you could be shaken up in ways that go beyond what you’d experience in a car accident. Unlike in a crash involving two vehicles, there is little protection for a pedestrian. Even at low speeds, impacts can cause serious injuries. The best way to handle a pedestrian accident is to learn what to do immediately afterward.

According to the National Highway Traffic Safety Administration (NHTSA), 7,080 pedestrians were killed, and more than 71,000 were injured in traffic crashes in the United States in 2024. If you were involved in a collision in Ohio, you’ll want to take the right steps for your health and your potential claim.

Key Takeaways

If you are in the aftermath of a pedestrian accident, start with the most important steps. While your health is the priority, preserving evidence can also have a major impact on your claim and any legal actions that may follow.

• Call 911 and get medical help as soon as possible.
• Report the crash and make sure law enforcement documents what happened.
• Get the driver’s name, insurance information, and license plate number if you can do so safely.
• Take photos of the scene, vehicle, crosswalk, traffic signals, injuries, and anything else that may matter.
• Avoid giving detailed statements to insurance companies before understanding your injuries and legal options.

Pedestrian accident claims often involve questions about right-of-way, driver negligence, injuries, insurance, and comparative fault. The earlier you start preserving evidence, the easier it can be to prove what happened.

Step 1: Get To Safety And Call 911

Your first priority after a pedestrian accident is your safety. If you are able to move without further injuring yourself, you should get yourself out of the roadway. If you are unable to move, you should stay where you are until the police arrive.

You should call 911 to report the accident, even if the driver of the vehicle that hit you has stopped and is speaking with you. Under Ohio law, all law enforcement agencies that investigate motor vehicle accidents resulting in death, personal injury, or property damage greater than $1,000 must forward a report to the director of public safety within 5 days of the accident.

This report often includes information about the accident location, the drivers of the vehicles involved, details of any witnesses, and the investigations conducted after the accident.

Step 2: Get Medical Care Right Away

Some injuries are immediately visible after you’ve been struck by a vehicle. For others, it can take some time for the injuries to become visibly apparent. It’s always best to seek medical attention quickly for injuries like pain, dizziness, headaches, back pain, internal injuries, or concussion symptoms.

Medical attention is important for two reasons. First, to take care of your health. Second, to gain medical documentation of the injuries you sustained as a result of the accident. Medical records can help to prove a link between the accident and your injuries, as well as the severity of those injuries and the treatments needed to restore your health.

Step 3: Get Information From The Driver

If you are able to do so safely after the accident, get information from the driver involved. You do not need to argue with the driver or accuse them of causing the accident. You just need to get their information.

Try to collect:

• The driver’s name and contact information
• Insurance company and policy information
• Driver’s license information
• License plate number
• Vehicle make, model, and color
• Employer information if the driver was working
• Names and contact information for passengers

If you are too hurt to ask for this information yourself, ask a family member, friend, police officer, or other responder to the crash to see if they can assist you in obtaining this information from the driver.

Step 4: Look For Witnesses

Oftentimes, witnesses to the accident can play a big role in your claim. The driver involved in the accident may state that you suddenly crossed the street, ignored a crosswalk signal, or that you were outside of the crosswalk altogether. A witness, however, may be able to provide a different narrative of what occurred at the scene of the accident.

Useful witnesses may include:

• Other pedestrians
• Nearby drivers
• Bus drivers or rideshare drivers
• Store employees
• Residents or workers nearby
• Passengers in the vehicle
• First responders

Note who saw what and get their contact information. The memory of what they saw may fade over time. However, having a list of potential witnesses can come in handy later during your insurance claim.

Step 5: Take Photos And Videos Of The Scene

If you can, take pictures or videos of:

• The vehicle that hit you
• Damage to the vehicle
• The crosswalk, intersection, sidewalk, or roadway
• Traffic signals and pedestrian signals
• Stop signs, speed limit signs, or warning signs
• Skid marks, debris, broken glass, or vehicle parts
• Weather, lighting, and visibility conditions
• Your clothing, shoes, backpack, phone, or other damaged property
• Visible injuries

Try to capture the scene from multiple angles. Wide photos can show the full intersection or road layout, while close-up photos can show specific details.

Step 6: Save Clothing, Shoes, And Damaged Property

Some of the items that may be present at the scene of the accident may become crucial personal injury evidence in your case. Items such as clothing, glasses, phones, shoes, and items stained with blood from your injuries can help to testify to the nature of the accident and the injuries that you sustained.

Do not destroy these items. Store them somewhere safe. Should you speak to a lawyer regarding your personal injury case, they can tell you which items to save and how to preserve them for your testimony.

Step 7: Be Careful With Insurance Company Conversations

The driver’s insurance company may reach out to you shortly after the accident. They may be very friendly, but anything that you say could be used against you in their reports.

Fault can matter even when a driver clearly hits a pedestrian. Ohio follows a comparative fault rule, which means compensation can be reduced by the injured person’s percentage of fault. A person may still recover damages as long as their fault was not greater than the combined fault of the other responsible parties.

After the accident, it’s best to speak with a pedestrian accident attorney in Ohio before giving any statements to the insurance company.

Step 8: Do Not Post About The Accident Online

Sharing the details of the accident with your social media friends and family can cause problems. Insurance companies may use your social media activity to find information that can be used against you in your insurance claim.

Do not share on your social media:

• How the accident happened
• Who you think is at fault for the accident
• Your injuries from the accident
• Your treatment for the accident
• Any discussions about insurance settlements
• Photos of yourself performing physical activity after the accident

Even the most innocent social media posts can be taken out of context. It is usually better to keep the accident and its details to yourself until your insurance claim is over.

Step 9: Understand Ohio Pedestrian Right-Of-Way Rules

Pedestrian accident cases often depend on right-of-way and driver care. When signals are absent, not working, or unclear, drivers must yield to pedestrians crossing within a crosswalk on their side of the road or approaching dangerously.

Pedestrians can’t abruptly step into a vehicle’s path from a curb. Drivers must yield to pedestrians on sidewalks, but pedestrians crossing outside marked areas or at intersections usually must yield to traffic. These cases are complex, with factors like location, signals, lighting, speed, visibility, and witnesses affecting liability. (Sources: Ohio Laws 1, 2, and 3)

What Compensation Can You Recover?

If injured in a pedestrian accident, you may qualify for compensation. These funds can help cover:

• Medical care
• Hospital stays
• Surgeries
• Therapies
• Future treatments
• Lost wages
• Reduced earning potential
• Pain and suffering
• Emotional distress
• Scarring
• Mobility issues
• Expenses from the collision

The amount depends on the severity of the injury, fault, and other drivers’ contributions. You might also be eligible for long-term care, disability, or wrongful death compensation if applicable.

The time to settle a pedestrian claim varies depending on the severity of the injury and the legal steps involved. In Ohio, claims must be filed within two years of the accident. But it’s advisable to consult a pedestrian accident attorney early to preserve evidence, communicate with insurers, and understand potential compensation.

How YD Legal Can Help

After a pedestrian accident, you should not have to manage medical care, insurance calls, evidence problems, and legal questions on your own. YD Legal can help you understand your options when it comes to how to choose a personal injury lawyer so that you can protect your claim and determine which next steps make sense.

Contact YD Legal now to meet our team so we can discuss your situation and schedule a free consultation with no fees or obligation. We’ll help you figure out the details of your case and what you could recover.

FAQ: What To Do After A Pedestrian Accident

What should I do immediately after a pedestrian accident?
Get to safety (if you can), call 911, and get medical care for yourself. If you are able after the accident, but before you leave the scene, get the driver’s information, take accident scene photos, and get the contact information for any witnesses.

Should I go to the hospital even if I feel okay?
It is a good idea to get checked out after being hit by a vehicle. You may have injuries that are not immediately obvious, and obtaining medical records can help determine their cause.

What if I were hit while crossing the street outside of a crosswalk?
In most cases, pedestrians who cross the street outside of a crosswalk are required to yield to passing vehicles. However, the driver is still required to use due care to avoid hitting a pedestrian.

How long does it take to settle a pedestrian accident claim?
There is no standard length of time to settle a claim. Depending on the severity of the injuries, the amount of evidence, the driver’s fault, and the insurance company involved, some claims are settled in as little as a few months, while others take much longer.

How long do I have to file a pedestrian accident lawsuit in Ohio?
In Ohio, individuals injured in a pedestrian accident generally have 2 years to file a personal injury lawsuit. With some exceptions, in most instances, this period is 2 years from the date of the accident unless the injured person is a minor.

Do I need a lawyer after a pedestrian accident?
You are not required to hire a lawyer for a pedestrian accident. However, if you were injured in the accident or if fault for the accident is in dispute, hiring a lawyer may be beneficial to your recovery. A lawyer can help you protect your evidence, deal with the insurance company, and understand what kind of claim you may be able to prove in the state of Ohio.