Any traffic accident can result in injuries ranging from relatively minor damage to far more severe and life-altering trauma. Pedestrian accidents, in particular, carry a greater risk of severe injuries due to the unprotected nature of pedestrians being struck by vehicles.
Knowing where to turn for help and your legal options is essential if you have suffered an injury in a pedestrian accident. Continue reading below to learn more about your options, and contact a knowledgeable pedestrian accident lawyer to schedule a consultation.
Overview of Pedestrian Accidents
As stated above, pedestrian accidents frequently result in devastating injuries due to the force of impact a vehicle has on an unprotected human being. Pedestrian accident victims often suffer significant physical, emotional, and financial harm. Though these accidents can be caused by various circumstances, knowing what happens and what to do following an accident can be vital when seeking relief. In addition to learning more about pedestrian accidents, understanding the importance of having legal representation is vital.
The Importance of Understanding Your Legal Options
Following a pedestrian accident, it’s common for anyone to feel overwhelmed and confused about what to do next or what their options are. Being informed about your legal options is the key to pursuing compensation for your injuries. Understanding your rights and the process to seek a favorable resolution to the situation is a good place to start. With the help of the right lawyer, you can put yourself in a strong position to hold the responsible party accountable for the harm you have suffered.
Common Causes of Pedestrian Accidents
Pedestrian accidents can result from a number of different scenarios, many of them due to improper behavior or negligence on the part of vehicle drivers. Being aware of the underlying cause of your accident can help you and your attorney determine who was at fault and build your case accordingly. The sections below will explore some of the more common causes of pedestrian accidents in greater detail.
Distracted Driving
Distracted driving is one of the leading causes of not only pedestrian accidents but traffic accidents in general. Modern technology has had a number of unfortunate side-effects, including far too many people texting or using mobile devices while driving. Even the most momentary lapse in focus on the road can have dire consequences, with pedestrians often paying the price. Your lawyer can look to gather evidence — including phone and text records — to determine if this caused your accident.
Speeding
Driving in excess of the legal speed limit has long been one of the leading causes of traffic accidents, and pedestrian accidents are included. A driver exceeding the speed limit can significantly diminish their reaction time or ability to stop the vehicle if something is in the way. Additionally, the higher the rate of speed, the greater the force of impact with anything the vehicle strikes. It can result in catastrophic injuries to pedestrians. Holding speeding drivers accountable is vital to ensuring roadway safety.
Reckless Driving
Reckless driving encompasses a wide range of behaviors characterized by overly aggressive and hazardous vehicle operations. Weaving in and out of traffic, failing to abide by traffic laws, changing lanes erratically, and other behaviors can put everyone on the road at risk. Pedestrians are particularly vulnerable when vehicles run out of control due to reckless driving. Taking legal action can help victims recover damages and hold reckless drivers accountable.
Failure to Yield
There can be tragic consequences if drivers do not yield to pedestrians at crosswalks and intersections. Though pedestrians have a legal right-of-way in these situations, many drivers choose to disregard traffic signals instead or fail to notice pedestrians on the road. Obtaining traffic camera footage or witness statements may be necessary to establish a failure to yield as the cause of an accident.
Impaired Driving
Despite great efforts made over the years to prevent it, many people still choose to get behind the wheel of vehicles while impaired by alcohol, drugs, and other substances. Impaired driving can slow reflexes, cloud judgment, and significantly affect reaction time and awareness of surroundings. Police reports, sobriety tests, witness accounts, and other evidence can help determine if the driver of the vehicle that hit you was impaired and provide you with a pathway to seek the compensation you deserve.
External Factors
There are instances in which factors beyond the driver’s control can cause a pedestrian accident. Inclement weather, poor road conditions, faulty traffic signals, and other circumstances can sometimes lead to pedestrian accidents. Liability in these situations may extend beyond the driver to municipalities, property owners, vehicle manufacturers, and more. Your pedestrian accident attorney will work with you to examine the evidence to determine who was to blame for the accident that caused your injury.
Common Injuries Suffered in Pedestrian Accidents
The devastating impact of pedestrian accidents can cause injuries ranging in severity from relatively minor to life-altering or even fatal. Many injuries suffered in these accidents can require long-term or permanent medical care. Common injuries differed in pedestrian accidents include:
- Lacerations
- Contusions
- Torn ligaments
- Internal bleeding
- Broken bones
- Spinal cord injuries
- Head injuries
Regardless of your injury, you have the right to seek fair compensation to offset the damages.
Determining Liability in a Pedestrian Accident
Identifying the responsible party is the most important step in your pursuit of compensation following your pedestrian accident. Your personal injury attorney will work to examine all the details of your accident, investigate the potentially liable parties, and review available evidence to build your case accordingly. Depending on the specifics of your accident, various parties may be responsible, making it critical for you and your lawyer to determine the best course of action.
Potentially Liable Parties
As is the case with any traffic accident, pedestrian accidents can be the fault of several different parties. Depending on the circumstances of your accident, liable parties may include:
- Driver
- Employers (if it was a commercial vehicle)
- Government entities
- Property owners
- Vehicle manufacturers
Working with your attorney to identify the liable party (or parties) is vital to building your case to seek financial compensation for your injury.
How Liability Affects Your Case
The specifics of liability related to your pedestrian accident case can significantly impact its outcome. Determining who was at fault for the accident will factor heavily into your ability to recover damages for your medical expenses and lost earnings. In certain situations, liability may be shared among multiple parties. Your pedestrian accident attorney will conduct a thorough investigation to explore all options as your case is being assembled. In any situation, relying on your legal representation is key as you stay the course to seek the desired result.
Compensation Available in Pedestrian Accidents
When considering taking legal action following your pedestrian accident, it’s important to familiarize yourself with the compensation available in personal injury cases. The compensation you can claim pertains to the damages, or types of harm, suffered and is awarded for specific reasons. Your lawyer will explain these damages to you in greater detail, but a summary of each category of damages available in your case can be found below.
Economic Damages
Economic damages are intended to address expenses that are tangible and easily quantified. These damages cover such costs as:
- Medical bills: Including hospital stays, surgeries, rehabilitation, and doctor’s appointments.
- Lost income: Documentation to show the income you have lost due to being unable to work.
- Future earning capacity: Calculation of financial losses if your injuries prevent you from working long-term or permanently.
- Property damage: Repairs or replacement of personal items damaged or destroyed in the accident.
These expenses are easily proven by providing medical bill documentation, pay stubs, and evidence to show damage to personal belongings.
Non-Economic Damages
Non-economic damages may be sought for more intangible, less-quantifiable losses in a pedestrian accident. Though these damages may be more complicated to calculate, they are no less real or deserving of compensation. Non-economic damages include:
- Pain and suffering
- Loss of enjoyment of life
- Emotional trauma
Non-economic damages play just as much of a role in the pursuit of compensation as physical injuries. Your attorney will work to firmly establish the mental and emotional harm you have suffered and your need for damages.
Punitive Damages
In some cases, the court may award punitive damages to further punish the at-fault party for the harm caused in the accident. These damages are often awarded in instances of egregiously reckless behavior, intentional harm, or criminal actions. One example of a situation in which punitive damages may be awarded is that of a drunk driver exhibiting blatant disregard for the law and the safety of others. While punitive damages aren’t as common, they can greatly increase the overall level of compensation.
Filing an Insurance Claim After a Pedestrian Accident
Before initiating litigation following your pedestrian accident, the first step often involves filing an insurance claim against the at-fault party. Your attorney can help file the proper paperwork and submit the official claim, including gathering and presenting evidence and documentation to establish your injuries and the damages you incurred. Though an insurance claim can provide a potential pathway to compensation, the process can be complicated and frustrating.
Common Tactics Used by Insurance Providers
Though insurance providers are often helpful and professional, it’s important to remember that their ultimate goal is to protect their bottom line. Common tactics used by insurance companies to accomplish this include:
- Denying liability
- Disputing claims
- Low-ball settlement offers
- Delaying the claims process
- Shifting blame to the victim
Awareness of these tactics can help you and your lawyer prepare to counter them and stand up for your right to seek fair compensation.
Taking Further Legal Action
If attempts to reach a settlement through an insurance claim do not succeed, taking further legal action via a lawsuit may be necessary. Your attorney will guide you throughout the situation and advise you accordingly when the time comes to decide on further legal action. Having an experienced pedestrian accident lawyer on your side is critical to determine when filing a lawsuit becomes necessary.
The Steps of a Pedestrian Accident Lawsuit
Filing a pedestrian accident lawsuit involves a series of specific steps. Hiring a personal injury lawyer with experience guiding people through pedestrian accident cases is important. Though every case is unique, the general steps involved in filing a lawsuit include:
- Consulting with and hiring an attorney
- Investigating the accident and gathering evidence
- Filing an official legal complaint and notifying the opposing party
- Discovery (compiling and exchanging information)
- Negotiation or trial
- Resolution
Every step of the process carries its levels of complexity, so your best option is to follow the direction of your attorney and trust them to provide you with the information necessary to make informed decisions on how to proceed.
Why You Need an Attorney
While some people may mistakenly believe attempting to navigate the aftermath of a pedestrian accident without legal representation may save them money, having a strong attorney in your corner is the best way to protect your rights and position you to reach the outcome you want. A skilled lawyer can provide:
- Experience in complex legal proceedings
- Negotiation skills
- Insight into gathering evidence and building your case
- Representation in court
Having the right lawyer handling your case can significantly improve your chances of securing the compensation you need to move forward after your pedestrian accident.
Contact an Experienced Pedestrian Accident Lawyer Today
After suffering an injury in a traffic accident as a pedestrian, you deserve the right to hold the responsible party accountable and seek the fair financial compensation you need to aid in your recovery and help move forward with your life. These accidents are known to cause serious injuries to pedestrians. Acting quickly to hire an attorney is your best choice.
With the guidance of the right lawyer, a successful pedestrian accident claim can provide you with compensation to pay your medical bills, cover for lost income, and offset the emotional suffering you experienced. Get in touch with an experienced personal injury attorney today to discuss your pedestrian accident and start the process of seeking compensation.