Everybody has their bad days on the road. However, some days are definitely worse than others. No matter how reckless others may seem on the road, it’s incredibly important to be safe at all times and remain alert.
This is easier said than done and we can often come across some very negligent drivers. It can be scary and uneasy to confront drivers in these situations. To help you feel prepared at all times we’ve developed the ultimate guide on how to deal with a negligent driver.
Before we get started, what can we consider to be negligent driving?
- Running a red light
- Distracted driving
- Drunk driving
- Driving at unreasonable speeds
- Driving an unroadworthy vehicle
- Failing to use the vehicle’s turn signals
- Not keeping the vehicle in control at all times
The National Highway Traffic Safety Administration estimates that a total of 6,205 pedestrians were killed and an additional 76,000 were injured nationwide in 2019. In other words, that’s one pedestrian deaths every 85 minutes.
How to Practice Road Safety
Both drivers and pedestrians have a duty to be responsible on the roads. For drivers, this means never driving under the influence and always observing the roads. Similarly, drivers should always respect speed limits, especially if they are in busy areas, school zones, or neighbourhoods.
Pedestrians also have a responsibility to behave accordingly on the roads. This includes both observing and obeying all road signs and signals, as well as using sidewalks whenever they are available. It’s important to watch for cars whilst crossing the roads and entering driveways. You should also avoid excessive alcohol use whilst walking as this could seriously impair your judgement or abilities and cause an accident.
How to Handle a Pedestrian Accident
At the end of the day, no matter how careful you are, you could still be involved in a pedestrian accident. In the best scenario, you leave the scene of the crime unscratched. However, in many cases, pedestrians can experience injuries such as concussions, jaw fractures, and shoulder displacements. In the worst instances, pedestrians can experience lifelong disabilities and even death.
These kinds of accidents tend to incur a long list of expenses. Apart from the emotional and physical anguish these accidents cause, they can also bring about a great deal of financial burden. Below are some steps that you can take to build a personal injury case and receive the compensation you deserve.
Collect As Much Evidence as You Can
First things first, take as many pictures of the scene of the crime as you can. Then, you’ll need to determine whether there were any witnesses present and, if so, get their names and contact information for a later date. Don’t forget to look out for any security cameras or dashboard footage to check if there is any recorded evidence of the accident.
Other forms of evidence include the clothes you were wearing at the scene of the crime. Just make sure they are in the same condition as the day of the accident. You can also use damaged goods, such as your mobile or any electronic devices that may have been smashed in the accident. Finally, it’s recommended that you keep a record of all medical reports and that you write down everything you can remember about the accident as soon as it occurs.
Assess Whether You Have a Case
When it comes to assessing pedestrian accidents, you may not always have a viable case to pursue. For example, if you we’re crossing the road whilst a driver was paying attention to their phone and you suffered an accident, the driver would be at fault. However, if you, the pedestrian, were distracted with your phone whilst crossing the road, you may be at fault.
In some states, there can be multiple parties involved that are at fault, which makes it more difficult to determine who is liable for the damages. The best way to go about this is by examining the evidence. Once you have collected all the evidence, take this to a specialised group of lawyers, such as the team at Lamber Goodnow, and ask them to help you assess whether or not your personal injury case has potential.
Avoid an Aggressive Encounter
When it comes to road traffic accidents, things can get ugly quickly. No matter the circumstances, it’s crucial that you avoid an aggressive encounter at all costs. Any sign of violence or aggression from your behalf could only hinder you case and weaken your chances of a successful claim.
If you do think that the situation has potential to escalate and that the driver is acting aggressively, it’s important that you remain calm. If you give them any opportunity to argue or fight, it’s likely that they will take it. The best thing you can do is to reply courteously and wait for the relevant authorities to arrive.
Contact the Authorities
As with any type of serious accident, it’s important that you contact the relevant authorities. Firstly, if anyone is gravely injured, it’s imperative that you contact the health authorities. Once the police arrive, they will make a note of everyone’s details and ensure that all drivers have their paperwork up to date.
When you contact the police, they can create an objective record or statement of the incidents that occurred. In many cases, the authorities also act as an impartial mediator between the two parties. They can also conduct a Preliminary Breath Test (PBT) to make sure that none of the individuals involved find themselves under the influence of alcohol.
At the end of the day, your safety is the most important thing. If you have been involved in an accident as a result of someone else’s negligent driving, remain calm and contact the police or health authorities if you are injured. Ensure you collect as much evidence as you can of the circumstances and get a great attorney on your side to help you battle your case.