Failing to seek medical attention, not documenting the scene, giving inaccurate statements, delaying action, or posting about the accident online can all create unnecessary problems. Taking the right steps from the beginning can help preserve important evidence and protect your legal rights.
Riverside is the county seat of Riverside County and a major Inland Empire community, with major routes such as State Route 60, I-215, and State Route 91 connecting the city to surrounding areas. Residents and visitors regularly walk near busy intersections, shopping centers, schools, neighborhoods, and public spaces where pedestrian-vehicle accidents can occur.
When a pedestrian is injured in Riverside, the steps taken after the accident can have a lasting effect on the claim. A Riverside pedestrian accident attorney can help you understand your options, protect important evidence, and avoid mistakes that could affect your ability to seek compensation.
Here are the common mistakes that can hurt a Riverside pedestrian accident claim:
1. Waiting to Get Medical Treatment
One of the biggest mistakes is assuming an injury is minor and avoiding medical care. Some injuries may not produce obvious symptoms immediately. Head injuries, soft-tissue damage, and other conditions can become more noticeable hours or days after an accident.
Seeking medical attention creates a record of your injuries and allows doctors to recommend appropriate treatment. Follow your doctor’s instructions and keep copies of medical records, bills, prescriptions, and other treatment information.
2. Failing to Document the Accident Scene
Evidence from an accident scene can disappear quickly. Vehicles may be moved, road conditions can change, and surveillance footage may eventually become unavailable.
If your condition allows, photograph the location where the accident occurred. Take pictures of the crosswalk, traffic signals, road conditions, vehicles involved, visible injuries, and anything else that may help explain what happened.
Also collect contact information from witnesses. Their statements may become important if the circumstances of the accident are later disputed.
3. Assuming the Driver Is Automatically at Fault
Pedestrians have legal protections, but that does not mean every pedestrian accident automatically results in driver liability. The circumstances of the collision must be examined carefully.
California Vehicle Code Section 21950 generally requires drivers approaching a crosswalk to exercise due care and yield to pedestrians within it. At the same time, the law states that pedestrians cannot suddenly leave a curb or place of safety and enter the path of a vehicle that is so close that the driver cannot safely yield.
This means both the driver’s actions and the pedestrian’s actions may become relevant when determining responsibility.
4. Admitting Fault Without Knowing All the Facts
After an accident, you may be shaken or confused. Avoid statements such as “I wasn’t paying attention” or “The accident was probably my fault” when you do not know exactly what happened.
Stick to the facts when speaking with police officers, insurance representatives, witnesses, or other parties. Do not guess about vehicle speeds, distances, or other details you cannot accurately remember.
An innocent comment made immediately after an accident can sometimes be interpreted differently later.
5. Failing to Preserve Important Records
A pedestrian accident can create many different types of documentation. Medical bills are only one part of the picture.
Keep records of:
- Medical appointments and treatment
- Prescription and rehabilitation expenses
- Lost wages or missed work
- Transportation costs
- Photographs of injuries
- Insurance communications
- Police or incident reports
If the injury affects your ability to perform household tasks or normal activities, keep notes describing those changes as well.
6. Posting About the Accident on Social Media
Social media posts can create unexpected problems during an injury claim. Photographs, comments, videos, or seemingly harmless updates may be interpreted differently by an insurance company or opposing party.
For example, posting pictures of yourself participating in an activity shortly after claiming significant physical limitations could raise questions about the extent of your injuries.
8. Waiting Too Long to Explore Legal Options
Delaying action can make it more difficult to collect evidence and understand applicable deadlines.
California personal injury claims can also be subject to specific statutes of limitations, with different rules potentially applying depending on who is responsible for the injury. Getting legal guidance early can help you understand which deadlines and procedures may affect your situation.
Key Takeaways
- Seek medical attention promptly after a pedestrian accident.
- Photograph the accident scene, injuries, vehicles, and roadway conditions.
- Avoid admitting fault or guessing about details you cannot remember.
- Preserve medical, employment, insurance, and accident records.
- Avoid posting about your accident or injuries on social media.
- Investigate whether dangerous sidewalks, construction, signage, or other conditions contributed to the accident.
- Be aware that different California claims can have different deadlines and procedures.
- Consider speaking with an attorney before accepting a settlement or making statements about a disputed claim.
