How to Handle a Pedestrian Injury Accident?
2 Answers
After a pedestrian is injured in an accident, according to the "Road Traffic Safety Law of the People's Republic of China," if a motor vehicle accident causes personal injury or property loss, the insurance company shall compensate within the mandatory third-party liability insurance limit. Any insufficient amount shall be compensated according to the following provisions: In accidents between motor vehicles, the party at fault shall bear the compensation liability. If both parties are at fault, the liability shall be shared proportionally based on their respective fault levels. In accidents involving motor vehicles and non-motorized vehicle drivers or pedestrians, if the non-motorized vehicle driver or pedestrian is not at fault, the motor vehicle party shall bear full compensation liability. If there is evidence proving the non-motorized vehicle driver or pedestrian is at fault, the motor vehicle party's liability may be appropriately reduced based on the degree of fault. If the motor vehicle party is not at fault, it shall bear no more than 10% of the compensation liability. Below are the steps to handle a pedestrian injury accident: 1. Do not sign any accident compensation agreement casually. 2. Seek medical treatment promptly after the accident. Gather the other party's information immediately after the accident. After a traffic accident, promptly collect the other party's information (including driver's license, vehicle registration, and compulsory insurance details). For out-of-town vehicles, take property preservation measures to ensure your rights can be asserted and court judgments can be enforced. Do not hand over any original documents to the other party during the claims process. During negotiations, especially when the other party is filing an insurance claim, never provide original medical certificates, hospital diagnostic images, or the traffic police department's accident report to them. Do not independently commission a disability assessment. For individuals with fractures or serious injuries, avoid independently hiring a disability assessment agency for evaluation.
I've witnessed several accident scenes before, and my first reaction is always to immediately pull over, turn on the hazard lights, and set up a triangle warning sign to prevent other vehicles from colliding again, ensuring the safety of myself and those around. Then, don't rush to touch the injured; check their consciousness and breathing, and avoid moving them arbitrarily to prevent exacerbating injuries, especially to the spinal area. Call 120 for help right away, clearly describing the location and injuries, and follow the instructions over the phone to provide simple assistance like stopping bleeding or comforting the injured while waiting for professional rescue. Stay calm throughout the process to avoid spreading panic. After the incident, report to the police to document the accident and contact the insurance company to start the claims process. Developing habits like wearing seat belts and controlling speed while driving can significantly reduce such risks—after all, prevention is better than cure. Regularly participating in first aid training is also very useful, as it can save lives in critical moments.
