Accidents involving pedestrians are unfortunately all too common. Whether it’s a driver failing to stop at a crosswalk, a distracted motorist running a red light, or hazardous conditions on the sidewalk, these accidents can lead to serious injuries. If you or a loved one has been involved in a pedestrian accident, it’s essential to understand your legal rights and the steps you should take to seek justice and compensation.
In this comprehensive guide, we’ll discuss everything you need to know about pedestrian accidents, from how to protect your rights after an incident to how a pedestrian accident attorney can help you secure the compensation you deserve. With detailed information and actionable advice, you’ll be better prepared to navigate the aftermath of a pedestrian accident and protect your well-being.
What Is a Pedestrian Accident
A pedestrian accident occurs when a pedestrian is struck by a vehicle, whether a car, truck, motorcycle, or even a bicycle. These accidents can happen at any location, including streets, intersections, parking lots, and even driveways. Because pedestrians have little to no protection compared to vehicle occupants, the injuries sustained in these types of accidents can be severe, ranging from broken bones and traumatic brain injuries to spinal cord injuries and fatalities.
Common Causes of Pedestrian Accidents
Understanding the common causes of pedestrian accidents is the first step toward prevention and legal action. Some of the most frequent causes include:
Distracted Driving
One of the leading causes of pedestrian accidents is distracted driving. Drivers using their phones, eating, adjusting the radio, or engaging in other distractions are less likely to notice pedestrians crossing the street or walking along the road.
Failure to Yield Right of Way
Drivers are legally required to yield the right of way to pedestrians at marked crosswalks. However, some drivers fail to stop for pedestrians, particularly at intersections or in areas where crosswalks are not clearly marked.
Speeding
Excessive speeding reduces a driver’s ability to react quickly to potential hazards, including pedestrians. Drivers who exceed the speed limit may not have enough time to stop if a pedestrian steps onto the roadway unexpectedly.
Impaired Driving
Driving under the influence of alcohol or drugs significantly impairs a driver’s reaction time, judgment, and awareness. This can increase the likelihood of a pedestrian being struck by a vehicle.
Poor Road Conditions
Sometimes, the environment around a pedestrian also plays a role in accidents. Slippery sidewalks, poorly lit areas, or uneven pavement can create hazards for pedestrians. These conditions may contribute to accidents even if the driver is not at fault.
What Should You Do After a Pedestrian Accident
If you’ve been involved in a pedestrian accident, it’s crucial to take immediate action to protect your health and legal rights. Here are the steps you should follow:
Seek Medical Attention
Your health is the most important priority. Even if you don’t feel seriously injured at first, it’s essential to get checked by a doctor. Some injuries, such as concussions or internal bleeding, may not be immediately apparent. Prompt medical attention will also document your injuries, which can be helpful for your case.
Report the Accident
Call law enforcement to report the accident. A police report will create an official record of the incident, which can be valuable when pursuing compensation or in court.
Collect Evidence
If you’re able to do so, take photographs of the scene, your injuries, and any damage to the vehicle involved. Obtain contact information from any witnesses who saw the accident occur. The more evidence you gather, the stronger your case will be.
Avoid Admitting Fault
Even if you believe you may have been partially responsible for the accident, do not admit fault at the scene. Fault will be determined based on the investigation and available evidence, and making statements can negatively impact your case.
Contact a Pedestrian Accident Attorney
After receiving medical treatment and filing a report, the next step is to contact a pedestrian accident attorney. A qualified lawyer will help guide you through the complex legal process and ensure that your rights are protected.
Why You Need a Pedestrian Accident Attorney
A pedestrian accident attorney plays a crucial role in securing the compensation you deserve. Here’s how they can help:
Investigate the Accident
Your attorney will conduct a thorough investigation to determine the cause of the accident and who is at fault. This may involve reviewing traffic camera footage, talking to witnesses, and working with accident reconstruction experts.
Handle Insurance Claims
Dealing with insurance companies can be a frustrating and time-consuming process. A pedestrian accident attorney will negotiate with insurers on your behalf, ensuring that you receive fair compensation for your injuries and damages.
Fight for Maximum Compensation
Your lawyer will work to secure the maximum compensation possible for your injuries. This may include medical bills, lost wages, pain and suffering, and even future medical expenses if your injuries require long-term care.
Represent You in Court
If your case goes to trial, your attorney will be your advocate in court. They’ll present evidence, call witnesses, and argue on your behalf to ensure that you receive the justice you deserve.
What Types of Compensation Can You Receive in a Pedestrian Accident Case?
If you’ve been injured in a pedestrian accident, you may be entitled to various types of compensation. Depending on the specifics of your case, you could receive:
Medical Expenses
This includes the cost of emergency care, hospital stays, surgeries, rehabilitation, and any ongoing treatment related to your injuries.
Lost Wages
If your injuries prevent you from working, you may be entitled to compensation for lost wages during your recovery.
Pain and Suffering
Pain and suffering refer to the physical and emotional distress caused by your injuries. This can include chronic pain, mental anguish, or the impact of a permanent disability.
Property Damage
If your personal property, such as a cell phone or clothing, was damaged in the accident, you may be able to recover the cost of replacing or repairing it.
Punitive Damages
In some cases, the court may award punitive damages if the driver’s behavior was particularly reckless or egregious, such as driving under the influence of alcohol or drugs.
How Do You Prove Liability in a Pedestrian Accident?
Proving liability in a pedestrian accident requires establishing that the driver’s actions were the direct cause of your injuries. To do this, your attorney will need to gather evidence, such as:
- Eyewitness testimonies
- Traffic camera footage
- Expert testimony from accident reconstructionists
- Medical records
- Police reports
If the driver was at fault due to negligent behavior, such as speeding, distracted driving, or running a red light, you’ll have a strong case for compensation.
Statute of Limitations for Pedestrian Accident Claims
Each state has a statute of limitations, which is the time frame within which you must file a lawsuit after an accident. In most cases, this period ranges from one to three years. If you fail to file a claim within the allotted time, you may lose your right to pursue compensation altogether. It’s crucial to consult a pedestrian accident attorney as soon as possible to ensure your case is filed within the legal timeframe.
Choosing the Right Pedestrian Accident Attorney
When selecting a pedestrian accident attorney, it’s essential to find a lawyer who is experienced in handling similar cases and has a track record of success. Look for an attorney who:
- Specializes in personal injury law, particularly pedestrian accidents.
- Offers a free consultation to discuss the specifics of your case.
- Has a strong reputation in the community and positive client reviews.
- Works on a contingency fee basis, meaning they only get paid if you win your case.
Conclusion
Pedestrian accidents can be life-altering events, leaving victims with physical, emotional, and financial burdens. If you’ve been injured in a pedestrian accident, it’s essential to take immediate action to protect your health and legal rights. By hiring an experienced pedestrian accident attorney, you can increase your chances of receiving the compensation you deserve for medical expenses, lost wages, pain and suffering, and more.
Remember, a skilled attorney will investigate the circumstances of the accident, fight for your best interests, and guide you through the legal process every step of the way. Don’t face the aftermath of a pedestrian accident alone – seek legal help to secure the justice and compensation you deserve.