While you can take steps to improve the value of your claim after a pedestrian accident, also consider the biggest mistakes to avoid after a DC pedestrian accident. We advise our clients to take steps after their accident to preserve the case’s life and increase its value. If clients act quickly when reaching out to an attorney, they can materially increase the value of their case. Some evidence in a pedestrian accident case, such as dash cam footage, will be erased if not preserved immediately. This example of evidence can persuade a reluctant jury that you did not walk out into a crosswalk at the last second.
Similarly, there are countless examples of things to avoid doing after a pedestrian accident in DC. The examples listed below, if not avoided, can decrease or destroy the value of your case. While some examples merely reduce the value, others will bar you from making a recovery at all. Remember that a jury may consider these elements if we cannot settle your case. Moreover, an insurance company may be reluctant to settle if they know you have made one of the mistakes listed below. While there may be steps your pedestrian accident attorney can take to rectify a situation if you have made a mistake, it is best to avoid each of them.
This is a mitigating factor in your pedestrian accident case. Meaning it is not necessary to seek medical attention immediately. However, if you are seriously injured, you must do so immediately. At one extreme, even if you are seriously hurt, if you wait a couple of weeks before seeking medical attention, it will signal to a jury that your injuries were not as bad as you claim. Accordingly, they will reduce the value of your claim when deciding a verdict. While not the biggest mistake to avoid after a DC pedestrian accident, it is one of the most common.
People are busy. The fact that they are hurt does not always slow them down. They still have to work to pay the bills and support their family. As accident attorneys, we encounter this situation all the time. And it is up to you to decide what is most important. However, first, consider the impact this will have on your case. While you can testify at trial that you were in significant pain but merely neglected medical treatment because you had to support your family, it will be up to a jury to assess your credibility. Meanwhile, a jury will find your claim more credible if you go directly to the hospital and receive consistent follow-up care, even for the same injury and pain level.
Neglecting to collect evidence at the scene is among the biggest mistakes to avoid after a DC pedestrian accident. While our legal team will hire investigators and do our investigation when necessary, certain bits of information are undiscoverable after an accident. For example, if a car hits you and flees the scene, and you do not identify the car’s tag number, and the police do not eventually catch the driver, we will be without anyone to sue for your injuries. This does not necessarily mean you are without options, but your options will not be as extensive as they should be.
Other bits of evidence are equally essential to collect after your accident. For example, if you do not gather information on the adverse driver’s insurance information and the police do not come, that can make your case more difficult to pursue. While we may be able to identify the driver and his insurance information based on the car’s information, this is not always the case. Sometimes, the person the vehicle is registered to is not the one who hit you. Thus, it is best not to neglect collecting evidence at the scene.
Sometimes, people apologize even when an accident is not their fault. This happens even outside of more severe accidents like pedestrian accidents. You may step off the elevator, walk in front of someone, and find yourself apologizing. But of course, the person stepping off the elevator has the right-of-way over someone entering the elevator. The same phenomenon happens at pedestrian accident scenes. Thus, it can be one of the biggest mistakes to avoid after a DC pedestrian accident.
While some may think this is hearsay and thus inadmissible at trial, fewer people know there are 23 exceptions to hearsay under the federal rules. One such exception, which may be applicable here, is the “present sense impression.” This is a statement describing or explaining an event or condition made while or immediately after the declarant perceived it. Unfortunately, this is not the only exception that may make such a statement at the accident scene admissible despite appearing as hearsay.
Many pedestrian accident cases we handle involve serious injuries. A substantial sum can be recovered via settlement or judgment at trial for such severe injuries. Thus, insurance companies are incentivized to dig up whatever they can to hurt your case. If you post anything related to your accident on social media, you should assume that the post will be shown to a jury at trial. This is one of the biggest mistakes to avoid after a DC pedestrian accident. Even if you think it is unrelated, if you post a picture of yourself in a sports tournament or at the beach, the image may be used at trial to show that you were not as hurt as you claim.
Part of an injury claim involves loss of enjoyment of life as an element of pain and suffering. As part of your case, there may be an argument that you have not been able to spend quality time with your kids because you are too hurt to travel. Or, you have had to miss their sporting events because you have a doctor’s appointment. Then, if you post even a picture of your kid on social media implying that you were at the game, this can damage our argument in court.
This is among the biggest mistakes to avoid after a DC pedestrian accident. Mainly, if you have not yet retained an attorney, you may not understand the value of your case. Insurance companies are experts at paying as little as possible for injury claims. They know the loopholes in their insurance policies and will do what they can to pay you as little as possible for your injury. Do not accept a quick settlement without understanding its fairness or at least consulting an attorney to discuss your options.
Our team of skilled attorneys works tirelessly to win you the maximum compensation for your injuries. Pedestrian accidents lead to some of the most severe injuries in tort law. Ensure your rights are protected. Gelb & Gelb, P.C. has been handling pedestrian accidents since 1954. Call today for a free, no-obligation consultation at (202) 331-7227.