Claim Process

Step One: Secure the Police Report and Scene Evidence

Call 911 even if your injuries seem manageable. The responding officer creates a police report that documents vehicle positions, witness statements, traffic-signal status, and any citations issued to the driver. That report is the foundation of your claim. Request your copy as soon as the department releases it, typically within a few business days.

While still at the scene, photograph everything you can: the vehicle's front-end damage, your injuries, crosswalk markings, traffic signals, and any skid marks. If bystanders witnessed the collision, collect names and phone numbers. This raw evidence anchors every argument you make later, and it deteriorates quickly once the scene is cleared.

Step Two: Complete Medical Treatment Before Settling

Seek medical care the same day as the accident. Emergency-room records, diagnostic imaging, and treatment notes establish a medical baseline tied to the collision date. If you delay, the insurer will argue that something other than the accident caused your injuries — a gap of even a few days weakens the causation link.

Continue all prescribed treatment until your physician determines you have reached maximum medical improvement. Settling before that point almost always leaves money on the table because neither you nor the insurer knows the full cost of your recovery. Keep copies of every bill, prescription receipt, and therapy record. These documents become the economic backbone of your demand.

Step Three: Build and Send the Demand Package

The demand package is a written presentation of your claim sent to the at-fault driver's insurer. It includes your medical records and itemized bills, proof of lost wages, scene photographs, the police report, and a narrative letter connecting the driver's negligence to your injuries and losses. For pedestrian claims, emphasize the crosswalk status, driver speed, and any citations.

Non-economic damages — pain, emotional distress, reduced mobility — are typically estimated using a multiplier of 1.5 to 5 times your economic losses. State the multiplier you believe applies and explain why. The insurer will counter with a lower number, and negotiation follows. Most pedestrian claims settle during this phase without the need for a lawsuit.

Step Four: Litigation If Negotiation Fails

When the insurer's offer remains unreasonably low, filing a lawsuit preserves your rights and signals that you are prepared to go to trial. The litigation phase adds discovery — depositions, interrogatories, expert reports — that forces the insurer to reveal its internal valuation. Many cases settle after discovery but before trial because the evidence becomes harder to dispute.

Statutes of limitations are commonly two to three years, but your state's deadline controls — check immediately, because claims against government entities often have far shorter notice windows. Filing even one day late can permanently bar your claim regardless of how strong your evidence is. If multiple defendants are involved, such as a driver and a municipality responsible for a missing crosswalk signal, each may have a different filing deadline.

This is general information, not legal advice — consult a licensed attorney in your state. pedestrianaccidentlawyer.us is an independent information site, not a law firm.