Pedestrian Accident Lawyer

Pedestrian Accident Lawyer

Pedestrian accidents are some of the most devastating collisions in America. They almost always result in serious or fatal injuries for victims. If you or a family member were recently in a pedestrian accident, an accident lawyer can help you fight for fair compensation.

Road congestion, drivers distracted by smartphones, reckless driving or speeding are just a few contributing factors to this unfortunate spike. As pedestrian accidents increase, so does the need for pedestrian accident lawyers.

Pedestrian accidents are almost always catastrophic and even deadly, unlike automobile accidents.

Victims also have to deal with hefty medical expenses, lost income, and lengthy recuperation times in addition to serious injuries.

That’s not taking into consideration the mental burden that such a significant accident may place on them. Pedestrians can occasionally get hurt in a bicycle accident or collision with a motorbike as well.

The most typical problem encountered by accident victims during insurance claims is the insurance company refusing to accept responsibility.

Insurance companies do not want to maximize your payout. They want to minimize their liability or refuse to pay you at all, which is why they try to avoid paying out everything.

Table of Page Contents

What to do if you got hit by a vehicle

At the accident: If you are conscious after being hit by a car, try to stay calm and get out of the road. You will have a lot of adrenaline and you might want to fight the driver who hit you, but that won’t be helpful. Try to control your emotions and get yourself out of harm’s way. Then call the police or ask someone else to do so for you.

Police Report: When the police arrive, be cooperative and give them all the information they ask for. Be as detailed as possible, and try to remain calm and rational. Getting angry or screaming at the police will not help your case, and may actually make things worse in the long run. When the officer is done with the report, request a copy of it or ask how to get a copy later.

Gather evidence if you are able:

1) Collect the driver’s name, contact information, and insurance information.

2) Take lots of pictures of the accident scene if you can, including the car, the license plates, the roadway, and streetlights and signs.

3) Collect the name and contact information of any witnesses who saw the accident.

After: If you were injured in an accident, the most likely scenario is that you will be taken to the hospital or have someone else transport you. If this is the case, follow up with your regular doctor as soon as possible and follow all of your doctors’ instructions.

Get medical treatment and a thorough examination even if your injuries appear minor and don’t show outward signs of severe damage to assess your condition. This is crucial not just for your health, but also for legal reasons.

Pedestrian using crosswalk

Why should I hire a Pedestrian Accident Lawyer?

Here are 4 reasons to hire a pedestrian accident lawyer.

  1. Attorneys Can Determine Who is At Fault for Your Accident
  2. Attorneys Can Help Collect and Preserve Evidence that Proves Liability
  3. Attorneys Can Help You Negotiate Compensation
  4. Attorneys Can Help You Decide What’s Best for You

Negligence: A Major Cause of Pedestrian Accidents

A driver’s duty to care -Drivers are generally required to exercise reasonable care. The meaning of “reasonable care” is determined by a number of criteria, including weather conditions, lighting conditions, traffic density, and so on.

When a motorist fails to use reasonable caution, it may be interpreted as negligence. If a pedestrian is harmed by the careless behavior of another person, the driver who caused the harm can be held responsible and ordered to pay financial compensation for injuries and losses.

Negligence may arise from several factors such as:

  • Driving under the influence of alcohol or drugs
  • Distracted driving due to being on the phone, talking, or texting while driving
  • Right turns are executed without due care when approaching sidewalks
  • Running through a stop signal or a red light
  • Failure of the devices installed for traffic control
  • Improper street layout due to municipal negligence
  • Obstruction of drivers’ view due to illegally parked vehicles on the road

2020 Pedestrian Accident Data | NTSA Key Finding

  • In 2020 there were 6,516 pedestrians killed in traffic crashes, a 3.9% increase from the 6,272 pedestrian fatalities in 2019.
  • In 2020 there were an estimated 54,769 pedestrians injured, a 28% decrease from 75,650 pedestrians injured in 2019.
  • On average, a pedestrian was killed every 81 minutes and injured every 10 minutes in traffic crashes in 2020.
  • Pedestrian deaths accounted for 17 percent of all traffic fatalities and 2% of all people injured in traffic crashes in 2020.
  • In 2020 16% of the children, 14 and younger killed in traffic crashes were pedestrians.
  • In 2020 seventy-one percent of the pedestrians killed in traffic crashes were males.
  • Alcohol involvement (blood alcohol concentration [BAC] of .01 grams per deciliter [g/dL] or higher) – for the driver and/ or the pedestrian – was reported in 47% of all fatal pedestrian crashes in 2020.
  • More pedestrian fatalities occurred in urban areas (82%) than rural areas (18%) in 2020.
  • 26% of pedestrian fatalities occurred from 6 to 8:59 p.m. in 2020.
  • In 2020 89% of pedestrian fatalities occurred in single-vehicle crashes.
  • Nearly 1 out of every 4 pedestrians killed in traffic crashes in 2020 (23%) were struck by hit-and-run drivers.

Citations: 2020 Pedestrian Crash Data, 2020 Distracted Driving Data, 2020 Teen Distracted Driving

Pedestrian using crosswalk in California

Pedestrian Injury Accident Lawyer

If you have been injured as a pedestrian you need to hire a personal injury lawyer to help you attain the settlement that will compensate your medical expenses and lost wages.

With the range of causes of pedestrian accidents, as well as the life-altering damages that may result, receiving compensation for damages is critical in regaining a victim’s life.

A lawyer can help you find accountability or who is liable.

Liability is the legal term for responsibility. In personal injury law, liability refers to both legal and financial responsibility for a victim’s damages.

Damages describe both economic and non-economic losses suffered by a victim. Assigning liability in a pedestrian accident case in California takes examining who or what caused the collision.

The driver that struck the pedestrian will most likely absorb fault for damages.

  • Driver: Texting and driving, failing to yield the right-of-way, speeding, and driving drunk are all common causes of pedestrian collisions. If a driver is found liable for the accident, his or her auto insurance company will be liable for damages.
  • Government: The City may be accountable for defective sidewalks, crosswalks or street signals that contribute to a collision. If the city government should have recognized the hazard and remedied it before the crash, it will be liable.
  • Commercial Vehicle: The company might be held responsible if an on-duty UPS, USPS, Uber, Lyft, pizza delivery business, or another firm hit you. Employers are usually held vicariously liable for their workers’ errors.

Common Pedestrian Accident Injuries

When a vehicle strikes a pedestrian, the victim can suffer serious injuries to his or her legs, pelvis, torso, chest, or head.

The vehicle often strikes the lower extremities first, then additional areas of the body suffer injuries in subsequent collisions with the vehicle and/or the road.

The most common types of injuries sustained in these types of accidents.

  • Broken bones
  • Skull fractures
  • Traumatic brain injuries
  • Spinal cord injuries
  • Neck and back injuries
  • Internal organ damage
  • Lacerations and road rash
  • Fatal injuries

Chicago Pedestrians

Proving negligence in Pedestrian Accident Claims

Personal injury attorneys will have a team of investigators that look for evidence of negligence in these 3 areas.

Motorist Negligence:

Driver negligence needs evidence that they were not taking due care while operating the vehicle.

Manufacturer Negligence

Manufacturers can be negligent if a component of the vehicle fails and contributes to the accident. Components like brakes, software autopilot, steering or cameras are just some of the components that could lead to an accident if they failed.

These are poorly marked crosswalks, traffic lights that fail, potholes, sidewalks and anything that relates to the road being in poor condition that contributed to the accident.

Types of Pedestrian Accidents

  • Distracted driver
  • Texting while driving
  • Reckless or drunk driving
  • Red-light running or rolling through a stop sign
  • Reversing without looking
  • Speeding in a school zone
  • A bus or truck driving too close to a sidewalk
  • Unsafe passing at a crosswalk
  • Failing to yield the right-of-way at an intersection
  • Pedestrians distracted by cell phones or headphones
  • Jaywalking
  • Walking while intoxicated
  • Children running into the road
  • Other broken traffic laws

Family Members of Fatal Pedestrian Accident Victims Can File A Wrongful Death Claim

Not everyone can sue if someone they loved dies. Usually, it is the spouse and/or children of the deceased person. If the person who died did not have a spouse or children, then the parents or siblings can sue. Some of the losses that can be compensated for include:

  • Funeral and burial costs
  • The loss of lifetime income the deceased would have earned
  • Loss of household services, including care of children, domestic chores, and other familial contributions
  • Loss of love, companionship, support, affection, parental guidance, and other non-economic losses

Experienced injury Lawyers will have access to valuable resources, including financial experts who will maximize a grieving family’s financial recovery. The money will never bring back the beloved member of the family, it can help alleviate the stress caused by the economic impact of the death.

girl with bike at crosswalk

Tell me about the Bodily Injury Liability coverage?

If you were injured by a car, bodily injury liability coverage helps pay for your medical expenses and lost income as a result of your injuries.

Most states have laws that require you to have bodily injury liability coverage on your car insurance policy.

Who pays medical bills after a car accident involving a pedestrian?

Bodily injury liability insurance helps pay for someone else’s emergency services and hospital care if a driver causes a car accident. It may also help cover their necessary follow-up doctor visits and other associated costs, like having to buy crutches or a wheelchair.

Filing a Pedestrian Accident Claim

If you have personal injury protection (PIP) on your auto insurance policy, it could cover your medical expenses from your accident.

If the driver of the other car has PIP, then his PIP may cover you. PIP covers medical expenses no matter who is at fault in the accident.

The driver’s liability insurance should also cover your losses. To ensure that the evidence is still valid, do not wait too long to file a claim.

Furthermore, the quicker you submit your claim, the sooner you will receive your settlement payment.

If an insurer rejects your claim or attempts to give you a lowball offer, you may be forced to litigate in order to seek compensation.

If you’re injured in an accident with an uninsured, unlicensed, or untrusted driver who doesn’t have insurance, has insufficient insurance to compensate for your losses, or drives off the scene, you may be able to make use of your uninsured motorist (UM) coverage.

This coverage can follow you even as a pedestrian.

Pedestrian Accident Attorney | Free Case Evaluation

If you have been injured in a pedestrian accident, seeking compensation through a personal injury lawsuit can seem intimidating.

Fortunately, an experienced pedestrian accident lawyer can walk you through the process and help you understand your options.

Contact us as soon as possible to discuss your pedestrian accident case.

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