The National Highway Traffic Safety Administration (NHTSA) reports that a pedestrian dies in a car accident every 90 minutes, and many more suffer injuries daily across the United States. These incidents may lead to terrible injuries, including traumatic brain injuries, spinal cord damage, broken bones, road rash, internal injuries, cuts and scrapes, and more.
Negligent drivers who injure others should be held liable for the injuries and losses they cause. If you suffered an injury in a pedestrian crash recently, a Booneville pedestrian accident lawyer can assist you in receiving financial support and justice.
Sobering Pedestrian Accident Statistics
Unfortunately, pedestrian accident injuries and deaths are increasing. Recent reports indicate that 20 pedestrians are killed in motor vehicle accidents daily in the U.S. There were 7,500 pedestrian deaths last year, which was the highest number in more than 40 years. Researchers estimate that pedestrian deaths have risen over the past 15 years because of declining infrastructure and the popularity of large trucks and SUVs, which tend to cause more serious and fatal injuries than smaller cars.
The NHTSA also found that the majority of pedestrian accident deaths happened in cities, at 84 percent, and 76 percent were on the open road. Only 24 percent were in intersections and crosswalks, while 74 percent happened in dark conditions. The largest number of pedestrian fatalities happened on Fridays and Saturdays.
Why Are Pedestrian Accidents So Hazardous?
Can you imagine anything worse than a 4,000-pound vehicle slamming into you at 30 MPH or more? That is precisely what happens every year to thousands of pedestrians. Pedestrians are fully exposed to the force of car collisions and often are devastated by severe injuries, and many die. The severity of pedestrian accidents is the biggest reason you should always have a pedestrian accident attorney representing you in settlement negotiations.
What Are The Most Common Causes Of Pedestrian Accidents?
Many factors contribute to pedestrian accidents across the country, but the most common ones are described below. If you have injuries from a pedestrian accident after a car hit you, an experienced pedestrian accident attorney can hold the driver liable for their negligence.
Distracted Driving
Distracted driving, such as by cell phones, is always unsafe. However, a distracted driver can cause a catastrophic or fatal injury to a pedestrian. Sadly, this scenario happens far too often in the United States every year. Distracted drivers may be texting, talking to passengers, eating or drinking, or adjusting the GPS. Their distraction leads to far too many severe pedestrian accidents. Your pedestrian accident lawyer will investigate the crash and determine if distraction played a role in the crash.
Aggressive Driving
Some drivers get irritated that they must share the road with other motorists, pedestrians, and cyclists. They may drive aggressively around pedestrians and not slow down and stop as the law requires. Your attorney can interview eyewitnesses who saw the accident and how the liable driver was driving. They will hold the driver liable for their aggressive actions that contributed to your injuries.
Speeding
Speeding causes many serious accidents, including pedestrian crashes. When a driver exceeds the speed limit, it takes longer to slow the vehicle for other motorists and pedestrians. Your attorney’s investigation of the crash may reveal if the driver was speeding or broke another law.
Lack Of Visibility
Lack of visibility due to darkness, poor weather, or low lighting also causes many pedestrian accidents. Drivers may not see pedestrians, especially at dawn, dusk, and night, vastly increasing the chances of a crash.
Driving Under The Influence
A driver under the influence of drugs or alcohol can cause many pedestrian accidents. The driver may be speeding or not seeing a pedestrian in a crosswalk or sidewalk. Your attorney will find out if the driver was intoxicated or under the influence of drugs at the time of the accident.
Failure To Yield
Many drivers are in a hurry and, either by distraction or impatience, fail to yield to pedestrians at crosswalks or when making a turn. A pedestrian in a crosswalk usually has the right of way, and all drivers are required to yield.
Medical Emergency
Drivers sometimes suffer a medical emergency that makes them unable to control their motor vehicle.
Defective Vehicle Parts
Some pedestrian accidents may be caused by mechanical issues with a car or its parts. A parts or auto manufacturer can be liable if a product is defective.
Road Defects
A pedestrian accident caused by a defective roadway can make a state or local agency liable for damages. A flawed road design can also have contributed to the accident.
Other Traffic Violations
A driver may violate many other traffic laws that can lead to a pedestrian accident.
Construction Zone Violations
Construction areas may require drivers to drive at lower speeds and in different patterns than they are accustomed to. Many pedestrian accidents in construction zones happen because drivers fail to obey the speed limit or drive where they should.
The pedestrian accident attorney you hire will carefully investigate the circumstances of the accident to identify the cause. Proving that another party was liable for the pedestrian crash is critical to receiving fair compensation.
However, proving fault in a motor vehicle accident is tricky; even when it ‘seems obvious’ that another driver caused an accident, proving it legally may be complicated. Hiring a skilled, seasoned pedestrian accident attorney to represent you is critical.
Legal Options In A Pedestrian Accident
When you are hit by a car as a pedestrian, you have several options to obtain compensation for your medical expenses, lost earnings, and pain and suffering. Generally, a pedestrian accident lawyer is the best way to ensure you receive just compensation for your losses. Pedestrian accidents can cause massive, expensive injuries that most people cannot cover without financial assistance from a claim or lawsuit. Options for paying your damages are:
Your Health Insurance Policy Will Pay
Your health insurance policy can often cover your initial medical bills in a pedestrian accident. The insurance company will pay your medical expenses, but you will be responsible for any deductibles or copays. Health insurance will not pay for your lost earnings or pain and suffering. Those with serious injuries may need to pay a large sum out-of-pocket before receiving care.
However, if the driver was at fault, your health insurance company will subrogate the claim and seek reimbursement later from the other party’s insurance provider.
Your Auto Insurance Will Pay
Your auto insurance policy may cover your initial medical expenses. If you have Personal Injury Protection (PIP) or Medical Payments coverage, these can be tapped to cover your medical costs. However, the limits for these insurance riders may not be more than a few thousand dollars. A day in the hospital can run $10,000 or more.
The Liable Driver Will Pay
If the driver caused the pedestrian accident, you can file a claim with their auto insurance. If they accept fault, the other party’s policy will cover your medical bills and other losses. However, the compensation will only come after an insurance settlement, which can take weeks or months. You can file a personal injury lawsuit if the settlement isn’t enough to cover your losses.
Theoretically, you can handle an insurance claim for a pedestrian accident yourself. However, doing so may be unwise if you have serious injuries. Many pedestrian accidents cause significant injuries, and it is unlikely you will obtain fair compensation for your losses without an attorney.
Your attorney can negotiate with the at-fault driver’s insurance company for the most compensation for lost income, medical bills, property damage, and pain and suffering. Your pedestrian accident attorney can file a personal injury lawsuit when settlement negotiations falter.
Compensation After A Pedestrian Accident
When a negligent driver hits a pedestrian, the injuries are often catastrophic. You can have long-term or permanent injuries from the accident, including head, neck, and spine injuries, crushed or fractured bones, organ damage, painful road rash, and much more. These injuries often mean extensive medical care, rehabilitation, surgeries, and therapy that may leave you out of work for many months or forever.
A pedestrian accident attorney will review your unique situation and pursue the best compensation for you, which can include:
- Past and future medical expenses
- Lost past and future earnings
- Loss of ability to earn a living
- Reduced future income
- Past and future pain and suffering
- Past and future mental suffering
- Compensation for disfigurement or impairment
The value of pedestrian accident cases is often higher than auto accident cases because of the severity of injuries. Generally, pedestrian accidents cause the severest injuries of all motor vehicle-related crashes. There may be considerable money at stake in a pedestrian accident claim or lawsuit, so it’s critical to have the best pedestrian accident lawyer negotiating with the insurance company.
How To Prove Fault In A Pedestrian Accident
If you want to file a claim against a driver for a pedestrian accident, you must prove the following legal grounds. Your attorney will work tirelessly on your behalf, collecting evidence to prove these points so you can receive compensation for your losses:
- The negligent driver had a duty to you. For instance, drivers in the US have a legal duty to follow traffic rules and take reasonable steps to avoid injuring pedestrians and other motorists.
- The driver breached their duty. For example, the negligent driver may not have yielded to you in a crosswalk and hit you.
- You suffered injuries because of the breach. You may have broken bones and suffered cuts and scrapes using the above example.
- You have damages, such as medical bills and lost earnings, that can be paid for with compensation.
Your pedestrian accident attorney may rely on police reports, surveillance video, witness statements, and more to help prove the driver was negligent.
What Your Pedestrian Accident Attorney Will Do
Your pedestrian accident lawyer will negotiate the complex legal landscape after your accident. They work tirelessly for their clients to ensure their rights are respected and that they receive maximum compensation for their injuries and losses. An attorney can assist in several ways:
Offer Personalized Legal Representation
Experienced pedestrian accident lawyers know that every injury and subsequent legal claim is different. They offer personalized legal representation according to every client’s needs and circumstances. The first step in taking a pedestrian accident case is to review the accident and injuries and consider the details. They’ll learn how the crash happened, your injuries, and how the accident affected your life.
Deal With Insurance Companies
Negotiating with insurance companies can be a frustrating part of a pedestrian accident. But when you hire an experienced pedestrian crash attorney, they will handle the insurance companies while you recover. Your lawyer will handle all insurance company communications and aggressively negotiate a fair settlement.
Obtain Fair Compensation
Your pedestrian accident attorney will fight for fair compensation in negotiations or at trial for your medical expenses, lost earnings, and pain and suffering.
Provide Advocacy And Support
Your attorney doesn’t simply represent you legally; they also advocate for your health and overall well-being. Seasoned pedestrian accident attorneys know the physical and mental toll these accidents cause, so they will offer close support during the entire process. Your pedestrian accident lawyer will be there if you have any questions during your claim or lawsuit.
Speak To A Pedestrian Accident Lawyer Today
Being hit by a car as a pedestrian is painful, scary, and devastating. Suddenly, you are riddled with severe injuries and probably can’t work. If another party caused the accident, you should immediately speak to a pedestrian accident attorney. The sooner you hire an attorney, the more likely you can receive fair compensation for your losses. Attempting to negotiate a pedestrian crash settlement without an attorney seldom goes well, so it isn’t recommended.
Pedestrian accident lawyers are compensated by contingency agreement. You will not pay legal expenses out of pocket, so you have no direct cost. Contact a personal injury attorney in your community today for a free consultation.
