What to do after being hit by a car as a pedestrian in Virginia

Being struck by a vehicle while on foot is a different kind of trauma than most car accidents, both physically and in how the claim afterward tends to go. Here's the order I tell every pedestrian client to follow.

1. Get medical attention, even if you think you're okay

Adrenaline hides pain, and a pedestrian absorbs an impact with nothing protecting them, so injuries that seem minor at the scene, a hard landing, a knee that took the hit, can turn out to be far more serious once the adrenaline wears off. Get checked by EMS at the scene or see a doctor within 24 to 48 hours regardless of how you feel. Insurance companies routinely argue that a gap between the crash and your first medical visit means you weren't seriously hurt.

2. Call the police and get a report

A police report is an official, independent record of what happened, and it matters more in a pedestrian case than almost any other kind, because fault is contested so aggressively. Make sure the report includes where you were when you were struck, whether you were in a crosswalk, and what the driver said at the scene, since these become the first documented facts before anyone's account has a chance to shift.

3. Document everything while it's still there to document

Photograph the intersection or roadway, the crosswalk markings or lack of them, the vehicle, and your visible injuries. Get names and phone numbers from anyone who saw it happen. If there's a business, home security camera, or traffic camera anywhere near the scene, note it, footage from nearby cameras is often overwritten within days, and it can be the single most valuable piece of evidence in a case where the driver disputes what happened.

4. Be careful what you say, to the driver and to any insurer

Exchange information with the driver, but don't discuss fault or apologize, even out of instinct. Virginia's pure contributory negligence rule means if the driver's insurer can later point to something you said as evidence you were even slightly careless, crossing outside a marked crosswalk, not seeing the car soon enough, it can be used to deny your entire claim. You'll likely hear from the driver's insurance adjuster within a day or two asking for a recorded statement. You're not required to give one, and you shouldn't before talking to an attorney.

5. If the driver fled, report it as a hit-and-run

Hit-and-run drivers are common in pedestrian cases, and it doesn't mean you're out of options. Report it to police as a hit-and-run, since that opens the door to your own auto policy's uninsured motorist coverage, which applies to you as a pedestrian, not just as a driver. The same coverage can also help if the driver who hit you doesn't carry enough insurance to cover your injuries.

6. Talk to an attorney before you accept anything

Pedestrian cases get contested hard, insurers look for any way to shift even a sliver of blame onto the person with the least protection in the crash. A free consultation costs nothing, and the sooner an attorney is involved, the more evidence is still available to protect what actually happened.