Introduction to Pedestrian Accidents
Definition and Overview
Pedestrian accidents happen when a vehicle hits a person who is walking. These accidents are serious because the human body is not protected like someone inside a car. When a pedestrian is hit, they often suffer severe injuries. These accidents can happen anywhere, like crosswalks, sidewalks, or even in parking lots. Drivers may not see pedestrians, especially if they are distracted or speeding. Because of this, pedestrian accident attorneys are important. They help people who are injured in these accidents get justice and compensation.
Statistics
Pedestrian accidents are more common than many people think. In recent years, pedestrians have made up a significant percentage of traffic fatalities. For example, pedestrians account for about 15% of all traffic deaths each year in the United States. This means that every year, thousands of pedestrians lose their lives in accidents involving vehicles. These numbers show how dangerous the situation is and why it’s important to have a pedestrian accident attorney to protect your rights if you are injured in an accident.
Common Causes of Pedestrian Accidents
Driver Negligence
Driver negligence is one of the main causes of pedestrian accidents. When drivers are distracted, like when they are texting, talking on the phone, or eating, they might not see a pedestrian crossing the road. Speeding is another common issue. A speeding vehicle cannot stop quickly enough to avoid hitting a pedestrian. Driving under the influence (DUI) of alcohol or drugs is also dangerous. A driver who is under the influence has slower reaction times and poor judgment, which can easily lead to an accident. Pedestrian accident attorneys often deal with cases where negligent drivers have caused serious injuries to pedestrians.
Pedestrian Errors
Sometimes, pedestrians can also be at fault for accidents. Jaywalking is when a pedestrian crosses the road outside of a crosswalk or against the traffic signal. This is risky because drivers may not expect anyone to be crossing and might not have enough time to stop. Another common mistake is crossing the road without looking both ways, especially at night or in low-visibility conditions. In such cases, a pedestrian accident attorney can still help, but it might be more challenging to prove the driver was fully at fault.
Environmental Factors
Environmental factors also play a big role in pedestrian accidents. Poor road conditions like potholes, uneven sidewalks, or slippery surfaces can cause pedestrians to trip and fall, sometimes right into the path of an oncoming vehicle. A lack of proper signage or traffic signals can also increase the risk. For example, if a crosswalk is poorly marked or a stop sign is missing, drivers may not realize they need to stop, leading to an accident. Pedestrian accident attorneys understand these factors and use them to build strong cases for their clients.
Types of Injuries in Pedestrian Accidents
Traumatic Brain Injuries (TBI)
Traumatic Brain Injuries are common in pedestrian accidents because the head is often unprotected and vulnerable during a collision. A TBI can result from a direct blow to the head or from the force of the impact causing the brain to move within the skull. This type of injury can lead to long-term disabilities or even death, making it crucial for victims to seek help from a pedestrian accident attorney.
Spinal Cord Injuries
Another serious injury often seen in pedestrian accidents is spinal cord injury. This type of injury can occur when the back or neck is hit, leading to damage to the spinal cord. Such injuries can result in paralysis, loss of sensation, and other life-altering conditions. Victims of spinal cord injuries may require extensive medical treatment and rehabilitation, which is why having a pedestrian accident attorney is vital to ensure they receive the compensation needed for their recovery.
Broken Bones and Orthopedic Injuries
Broken bones and other orthopedic injuries are common in pedestrian accidents because the impact with a vehicle or the ground can easily break bones. These injuries can range from minor fractures to severe breaks that require surgery and long-term rehabilitation. An experienced pedestrian accident attorney can help victims get compensation for medical bills, lost wages, and other related costs.
Internal Injuries and Bleeding
Internal injuries and bleeding are less visible but can be just as dangerous. When a pedestrian is hit by a vehicle, the force of the impact can cause damage to internal organs, leading to internal bleeding. These injuries often require emergency medical treatment and can be life-threatening. A pedestrian accident attorney will work to ensure that victims receive the necessary compensation to cover their medical expenses and ongoing care.
Legal Aspects of Pedestrian Accident Cases
Liability Determination
In a pedestrian accident case, determining who is at fault is crucial. The law looks at negligence, which means figuring out if someone failed to act with reasonable care. There are two main concepts here: contributory negligence and comparative negligence. In some states, if a pedestrian is even slightly at fault (contributory negligence), they may not get any compensation. Other states use comparative negligence, where the pedestrian can still get compensation, but it might be reduced by their percentage of fault. For example, if a pedestrian is found to be 20% at fault, they might only receive 80% of the damages. This is why having a pedestrian accident attorney is important—they can help prove that the driver was mostly or fully at fault.
Duty of Care
Drivers have a legal responsibility called a duty of care to keep pedestrians safe. This means that drivers must always be on the lookout for pedestrians and take steps to avoid hitting them. If a driver fails to follow traffic rules, speeds, or drives while distracted, they may breach this duty. When this happens, and a pedestrian is injured, the driver can be held liable. A pedestrian accident attorney works to show that the driver failed in their duty of care, leading to the accident.
Shared Fault
In some cases, both the driver and the pedestrian might share some responsibility for the accident. This is known as shared fault. How this affects compensation depends on the state. In comparative negligence states, the pedestrian’s compensation is reduced by their percentage of fault. In contributory negligence states, if the pedestrian is found even a little bit at fault, they might not receive any compensation. This makes the role of a pedestrian accident attorney vital in arguing that the driver was more at fault.
What to Do After a Pedestrian Accident
Immediate Steps
If you are involved in a pedestrian accident, your first step should be to seek medical attention right away, even if you don’t feel seriously injured. Some injuries might not show symptoms immediately but can be dangerous. Next, report the accident to the police. An official report will be crucial for any legal actions later. If you can, gather evidence at the scene. Take photos of the accident scene, your injuries, and any damage. Also, collect the driver’s contact and insurance information, as well as any witness statements. These steps can make a big difference in your case.
Legal Representation
Contacting a pedestrian accident attorney as soon as possible is important. An attorney can guide you through the legal process, protect your rights, and help you get the compensation you deserve. Without a pedestrian accident attorney, you might face challenges in dealing with insurance companies and proving the driver’s fault.
Avoiding Mistakes
After a pedestrian accident, it’s important not to admit fault, even if you think you might be partly to blame. Admitting fault can hurt your case. Also, avoid posting anything about the accident on social media. Insurance companies might use your posts against you. Always consult with your pedestrian accident attorney before making any statements about the accident.
Damages Recoverable in Pedestrian Accident Claims
Economic Damages
Economic damages cover the financial losses you face after a pedestrian accident. These include medical bills, costs for rehabilitation, and lost wages if you cannot work due to your injuries. A pedestrian accident attorney will help calculate all your economic damages to ensure you get full compensation.
Non-Economic Damages
Non-economic damages refer to compensation for things like pain and suffering, emotional distress, and loss of quality of life. These damages are harder to quantify but are equally important. Your pedestrian accident attorney will work to demonstrate how the accident has impacted your life to get you fair compensation.
Punitive Damages
In some cases, if the driver acted with gross negligence or intentionally caused harm, you might be eligible for punitive damages. These are meant to punish the driver and deter similar behavior in the future. A pedestrian accident attorney can help determine if your case qualifies for these additional damages.
How a Pedestrian Accident Attorney Can Help
Investigation and Evidence Gathering
A pedestrian accident attorney plays a crucial role in investigating the accident. They collect evidence by visiting the accident scene, reviewing police reports, and gathering medical records. They also interview witnesses to get detailed accounts of what happened. This evidence is vital to building a strong case that shows the driver was at fault. Without a pedestrian accident attorney, it might be challenging to gather all the necessary information to support your claim.
Negotiation with Insurance Companies
Insurance companies often try to minimize the compensation they pay to victims. A pedestrian accident attorney knows how to deal with these companies. They understand the tactics insurers use and can negotiate on your behalf to ensure you get fair compensation. Whether it’s for medical bills, lost wages, or other damages, your attorney will work to get the best possible settlement. If the insurance company refuses to offer a fair amount, your pedestrian accident attorney can advise on the next steps.
Litigation
If negotiations with the insurance company fail, your case may need to go to court. In this scenario, a pedestrian accident attorney will represent you in front of a judge or jury. They will present the evidence, question witnesses, and make legal arguments to prove that the driver was responsible for your injuries. Having a skilled pedestrian accident attorney on your side increases the chances of winning the case and getting the compensation you deserve.
Conclusion
If you or someone you know has been involved in a pedestrian accident, it’s important to act quickly. A pedestrian accident attorney can guide you through the legal process, help you gather evidence, and fight for the compensation you deserve. Don’t wait—contact a pedestrian accident attorney today to protect your rights and secure your future.
FAQs
What should I do if the driver leaves the scene after hitting me?
If the driver leaves the scene after hitting you, it is considered a hit-and-run. You should immediately call the police and report the incident. Try to remember as much information as possible about the vehicle, such as the make, model, color, and license plate number. Witness statements can also be helpful. A pedestrian accident attorney can assist in investigating the incident and help you pursue compensation, even if the driver is not immediately found.
Can I still claim compensation if I was partly at fault for the accident?
Yes, you may still be able to claim compensation if you were partly at fault, depending on your state’s laws. In comparative negligence states, your compensation may be reduced by the percentage of your fault. For example, if you were 20% at fault, you could still recover 80% of the damages. A pedestrian accident attorney can help assess your case and advise you on your potential compensation.
How long do I have to file a pedestrian accident claim?
The time limit for filing a pedestrian accident claim is governed by the statute of limitations in your state. This can range from one to several years from the date of the accident. It’s crucial to consult a pedestrian accident attorney as soon as possible to ensure you file your claim within the legal time frame.
What if the driver was uninsured or underinsured?
If the driver who hit you was uninsured or underinsured, you might still be able to recover compensation through your own insurance policy. Many insurance policies include uninsured/underinsured motorist coverage that can help cover your damages. A pedestrian accident attorney can assist in navigating the claims process and ensure you get the compensation you need.
Can I sue the city if poor road conditions caused my pedestrian accident?
Yes, you may be able to sue the city or another government entity if poor road conditions contributed to your accident. This could include issues like potholes, broken sidewalks, or malfunctioning traffic signals. However, lawsuits against government entities can be complex and involve specific procedures, such as filing a notice of claim within a certain period. A pedestrian accident attorney experienced in handling such cases can guide you through this process.
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