I Hit a Pedestrian but They’re Not Injured, What Now?

Reviewed by Kara H. North, Managing Attorney at Moxie Law Group. Last reviewed .
Hitting a pedestrian is no joke. But if they’re not injured, is there anything you need to do? If you hit a pedestrian and they’re not injured, does that mean that you can just drive off without any consequences whatsoever? Unfortunately, like most things in the legal field, there are no set-in-stone answers. Many things will vary based on where you’re located and the specifics of the situation. If you’ve hit a pedestrian, but they haven’t been injured, don’t drive off randomly and don’t panic.
Don’t Freak Out
If you hit a pedestrian and it was an inadvertent, instead of the result of reckless behavior, it’s not likely that you’ll get in trouble. Assuming that you weren’t texting and driving or under the influence of drugs or alcohol when the accident happened, the chances of you going to jail for a motor vehicle vs. pedestrian accident are very low. However, if you do not stop to help the pedestrian, or ensure that they’re okay, you could face criminal consequences for a “hit and run”—especially if the pedestrian is fatally injured. If you hit a pedestrian, the first thing you need to do is ensure that they’re safe and not seriously injured.
Ensure Their Safety
Make sure that the pedestrian isn’t injured; the only way you can be sure that they’re not injured is if you stop and speak with them. If you hit a pedestrian, do not just assume that they aren’t injured and continue driving. If that person is injured, or becomes fatally injured, you could face criminal charges along with civil consequences. Do not keep driving if you hit a pedestrian, even if you don’t think that you were going fast enough to injure them. If you notice that the pedestrian needs medical attention, get help. You do not need to use the emergency line to call for help if the pedestrian is not in need of emergency medical assistance.
Exchange Information and File a Police Report
Exchange insurance and contact information with the pedestrian and file a police report. There may be pedestrians that do not want to exchange information, nor do they want to file a police report. This is common for people who do not want any contact with the police. If a pedestrian refuses to give you contact information and leaves the scene, that doesn’t mean that you shouldn’t file a police report. Filing a police report can help you protect yourself from any claims the pedestrian might make against you later. For example, the pedestrian may try to claim that you hit them and then fled the scene. If you already filed a police report, this may help protect you from those allegations.
Take Pictures and Video Footage
Take pictures and video footage of the scene. This may be especially important if a pedestrian was walking in an area where they shouldn’t have been or would have been very difficult to see. Taking pictures of your car may also be a good idea. If you are the pedestrian, and you sustained injuries, taking pictures of the injuries you’ve sustained may help your case. Do not say you’re not injured, as you may not know. Sometimes, injuries can take days to manifest. If you tell officials at the scene of the collision that you are not injured, the insurance company may try to use that information to deny your claim or offer you a lower settlement.
Don’t Freak Out about a Claim
If you hit a pedestrian, and you weren’t engaging in extremely reckless behavior (such as texting while driving, driving under the influence, etc.) at the time of the incident, it is unlikely that you will face criminal consequences for the accident. While the pedestrian may file a claim against you, your insurance company will likely provide you with an attorney. This is a benefit you pay for by paying your monthly insurance premiums. If the case settles, or there is a judgment against you, your policy will likely cover the settlement or judgment. You are not likely to have to pay out of pocket. You lose nothing by staying on the scene and cooperating with the investigation. If you were injured due to the negligence of another person, and you’re considering filing a personal injury claim, Moxie Law Group is here for you. Contact us today to get started on your initial consultation.
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