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According to recent statistics, about 20 pedestrians are fatally injured by vehicles every day in America. This number is at the highest rate since 1981 despite significant advancements in technology and greater awareness regarding vehicle safety.
The majority of America’s infrastructure was built with cars at the forefront of the builders’ minds. Sadly, this continues to contribute to countless pedestrian accidents daily.
Have you or someone close to you suffered an injury recently as a pedestrian in an accident? If your losses are adding up and you know the collision was someone else’s fault, then it might be necessary to get in touch with a pedestrian accident lawyer. The right attorney can help you determine your options for financial recovery. If someone else was responsible for your accident, then they could get held legally responsible for paying for your losses.
Every pedestrian accident situation is unique, though, so you’ll need to carefully consider your circumstances before you assume that you have a legal right to a claim. Below, we’ll go over the basics regarding pedestrian accident claims so that you can make an informed decision on how to move forward with your losses.
Common Causes of Pedestrian Accidents
Pedestrian accidents are usually the result of human error, recklessness, or carelessness. The biggest cause of pedestrian accidents is a failure to follow traffic laws. This can happen on the part of the pedestrian or the driver. Pedestrians may attempt to cross a busy street in an area where there isn’t a crosswalk. In these situations, vehicles might not see the pedestrians until it’s too late. Drivers might also fail to yield to a pedestrian who legally has the right of way in a crosswalk.
Drivers who are speeding, not adhering to traffic signals, or driving while intoxicated are also leading factors that cause pedestrian accidents. Drivers who are distracted and not paying attention to the road are another leading cause.
Impaired visibility, pedestrians in dark clothing, and poor road design can all contribute to the likelihood of a pedestrian accident occurring, too.
Types of Injuries in Pedestrian Accidents and Legal Implications
The average vehicle in the U.S. weighs around 2,600 to 3,000 pounds. As you can imagine, that type of weight moving at a high speed and crashing into a pedestrian is usually pretty devastating for the pedestrian. The most common types of injuries pedestrians experience after getting struck by a car include:
- Broken bones;
- Fractures;
- Sprains and strains;
- Bruising;
- Road rash;
- Traumatic brain injuries;
- Spinal cord injuries;
- Neck injuries;
- Internal bleeding or organ damage;
- PTSD and emotional distress.
If you get hit by a car, a lawyer can help you understand the legal implications of your incident based on what caused the collision and the extent of your losses. In general, both drivers and pedestrians have a legal duty to provide for the care and safety of everyone else on the road. When they engage in risky behaviors or act carelessly and cause an accident, that person can be held financially responsible for the fallout of that accident.
If someone you love was fatally injured in the accident, then it’s possible to seek out legal recourse on behalf of your loved one. In a wrongful death situation, loved ones can seek out compensation in the form of burial expenses, funeral costs, a loss of financial support, and more.
Assessing the Severity of Pedestrian Injuries and Legal Recourse
Many pedestrian accidents result in severe injuries with long-term consequences. In general, the more severe your injuries are, the more your claim will be worth. That’s because a claim is designed to help restore you to the financial position you were in before the accident. It should help you recover from all your medical expenses, future medical bills, lost wages, and any other financial losses you endured due to the collision.
If you’re considering the weight of your injuries, then it might be wise to consult with pedestrian injury accident attorneys who can help you carefully consider the extent of your losses. A lawyer will help you consider the long-term implications of a serious injury as well as help you properly value your claim.
Pedestrian Rights and Responsibilities in Accident Scenarios
You should always involve the authorities when an accident involves a pedestrian and potential injuries. After an accident, any injured individual has the right to pursue financial compensation from the party who caused the accident. Injured individuals also have the responsibility of filing their claims in a timely manner, though, and they’ll also have the responsibility of securing all the evidence they need to prove their claims.
Why You Need a Skilled Attorney for Your Pedestrian Accident Case
After an accident with significant losses, it’s the injured party’s responsibility to determine the extent of their losses, value their claim, file for compensation, negotiate with the other party, and potentially file a lawsuit if the other party refuses to cooperate. Since most Americans don’t have much legal experience, it can be extremely complicated to deal with all these complicated matters while also attempting to focus on their physical recovery.
That’s where pedestrian accident law firms come in. The right lawyer will help handle all the legal aspects of your case so that you can focus on healing. A lawyer will also make sure that you don’t undervalue your claim and accept a settlement that’s far less than what you really deserve. Other than that, your lawyer will help you document all your losses with solid evidence. The stronger case you present in the beginning, the more likely you are to reach a reasonable settlement on time.
Without the help of a lawyer, you’ll have to defend yourself against the responsible party, insurance adjusters, or even allegations that you caused or contributed to the accident.
Building a Strong Pedestrian Accident Claim With Kermani LLP
Here at Kermani LLP, our lawyers understand what it takes to build a strong pedestrian accident claim. First, we’ll go over everything that happened at the accident scene. We’ll look into the police report, read witness statements, and get a general idea of what caused your crash. From there, your lawyer will secure evidence to help prove who or what caused your crash. This might involve seeking out video footage, conducting an accident reconstruction investigation, or other options.
From there, your pedestrian injury lawyer will seek to prove your losses with evidence like medical bills, medical testimony from an expert, wage statements from your employer, and more.
Once our team has compiled the strongest case possible, we’ll present it to the responsible party and push for a prompt settlement.
Navigating Insurance and Compensation Claims Effectively
After an accident with significant losses, you may have to navigate discussions with multiple insurance agencies. Your own insurance company might want to learn more about what happened, and the other party’s insurance adjusters might call you, too. You’ll want to be careful about what you say to these agents because they always have an incentive to minimize your claim. If you hire a lawyer, then your attorney can field all communications with insurance agents for you.
Pursuing Fair Compensation in Pedestrian Accident Cases
After an accident that was someone else’s fault, you have a right to pursue fair compensation. Your compensation should match the level of your financial losses. If you’re not sure how much your claim is worth or what losses you should consider, then it’s best to schedule a meeting with pedestrian accident attorneys who can help.
Understanding Compensation Dynamics in Pedestrian Accidents
A pedestrian injury attorney can help you understand the dynamics and legal aspects of your claim. In general, the at-fault party will be held liable for the financial losses incurred as a result of that accident. The injured party’s behavior matters, too, though. If you were also partially at fault, then your compensation could be reduced based on your percentage of fault.
What to Expect When You’re Involved in a Crosswalk Accident
After a crosswalk accident, you should call the police. Authorities will arrive and emergency responders will handle any medical emergencies. Depending on the severity of your injury, you may need to get immediately treated on scene or taken to a hospital. While you’re getting cared for, the police will begin their initial investigation into the accident. They’ll question the driver, get the information of nearby witnesses, and help clear the roadway.
If you don’t get taken to a hospital, then it’s important to get a full physical checkup as soon as possible after your accident. Keep a record of any diagnosis you receive as well as any medical bills you pay.
Start Your Journey Towards Justice With Kermani LLP
After a pedestrian accident, you’re likely to sustain significant losses. For one, your medical expenses could be significant, especially if you’re expected to have a lengthy recovery period. For another, you’re likely to miss out on work while you’re recovering. Depending on the circumstances, you might also experience other losses like pain and suffering.
The right pedestrian accident lawyer can help you navigate the complexities of a personal injury claim by first helping you understand what happened and what caused the accident. From there, you’ll analyze your losses to determine how much a claim could be worth. If the facts of your case provide the necessary foundation to build a claim, then your attorney will help you take the next steps and file for compensation.
Are you ready to get started? Schedule a meeting with our office now to learn more about your legal options and rights.
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Frequently Asked Questions
What should I do immediately after being involved in a pedestrian accident?
Immediately after getting into a pedestrian accident, call the police. If you need medical attention, then get the care you need ASAP. Don’t delay treatment. If you are able to, then start collecting evidence at the crash scene. Take photographs, get contact details from witnesses, and help the police file an official report. Keep a record of your medical bills and any diagnosis you receive.
How is fault determined in pedestrian accident cases?
Police will perform an initial investigation into your accident at the crash scene. In some situations, the fault is easy to determine. For instance, if a driver was speeding and police can find proof of that from witness reports, then that driver will be considered at fault. If the fault isn’t so obvious, then a more in-depth investigation may need to be conducted to determine who was at fault.
What types of compensation can I claim after a pedestrian accident?
After a pedestrian accident, you can seek out compensation that’s equal to the losses you’ve endured. This may include damages in the form of medical expenses, property damage, lost wages, emotional distress, future medical costs, disability payments, a loss of quality of life, and more.
How can a pedestrian accident attorney help with my case?
A pedestrian attorney can help you better understand your legal rights and options. They can help you determine if filing a claim is worth your time and help you properly value your losses. If you do file a claim, then your lawyer will help every step of the way from filing the right paperwork to negotiating with the other party.
What is the statute of limitations for filing a pedestrian accident claim?
You will have two years from the date of your accident to file an accident claim.
Can I file a claim if I was partially at fault for the accident?
Yes, you can still file a claim even if you were partially at fault. Keep in mind, though, that your compensation award will likely get reduced based on your perceived percentage of fault.
How does the attorney assess the value of my pedestrian accident claim?
An attorney will calculate the value of your claim by adding up all your economic losses, considering your non-economic losses, and factoring in your level of fault in the situation.
What if the driver who hit me was uninsured or underinsured?
In these situations, you may want to turn to your own insurance policy for compensation. If you don’t have underinsured or uninsured motorist coverage, then you may have to file a personal injury lawsuit against the responsible driver.
Should I talk to the insurance company before consulting a lawyer?
In general, it’s best to talk to a lawyer before you talk to an insurance company about what happened. That’s because a lawyer can advise you on how to best handle the situation and avoid derailing your claim. Even seemingly minor statements could invalidate your claim, like saying you’ve returned to work or you weren’t that hurt, so you need to be careful about what you say. You also don’t want to get led to accepting a settlement that’s less than what you really deserve.
Every case is unique, so we tailor our approach to meet your specific needs.