A pedestrian accident can be a frightening and traumatic experience. You may have the legal right to substantial financial compensation when you or a loved one has suffered an injury. The question then becomes how you choose to pursue this compensation. You can file an insurance claim, seeking a settlement from the insurance company that covers the responsible driver. Alternatively, you may sue the driver directly in court because they are the ones who are ultimately accountable for their careless actions behind the wheel.
The best way to know the extent of your legal rights and how to seek compensation is by hiring an experienced pedestrian accident lawyer to represent you in the legal process. Not only will a pedestrian accident lawyer guide and counsel you as you seek compensation, but they will also handle all the heavy lifting for your case.
A pedestrian accident lawyer has experience with these types of cases. They understand the pedestrian accident laws and regulations and can use this knowledge to your advantage. Whether gathering evidence, negotiating with insurance companies, or filing a lawsuit, a knowledgeable attorney will take all necessary legal steps to build a strong case and maximize your compensation.
The first step towards hiring a pedestrian accident lawyer is to call them to schedule an initial consultation. It costs you nothing to speak to a pedestrian accident attorney, and you do not have to pay anything out of your pocket to get them working on your side. You only have to promise to pay them part of the settlement or jury award you may receive in your case. If you do not recover any money in connection with your pedestrian accident injury, you do not owe your attorney anything for the time they put into your case. Accordingly, hiring a pedestrian accident lawyer is a no-risk proposition for you.
Pedestrian Accident Statistics
The number of pedestrian accident fatalities has increased by roughly 70 percent throughout the past decade. Not only are there more accidents happening each year, but the ones that do occur are far more serious. Between distracted drivers and larger vehicles, more pedestrians are also severely hurt in accidents. Although the number of fatalities has seemingly leveled off in the past two years, it remains stubbornly high. No matter what authorities do to protect pedestrians, reckless drivers still put everyone on the roadway at risk.
You Establish Your Legal Rights When You Show That Someone Else Was to Blame
In any pedestrian accident case, it is essential to establish that someone else was at fault for what happened. You need physical and other evidence showing that the driver was negligent. If you are successful, the driver will owe you money to compensate you for the full extent of your damages. Then, you will discuss the actual compensation you deserve, or the jury will decide how much to award you in damages.
Not only do you have to prove that the driver ran you over, but you also need to show that they did something unreasonable under the circumstances. Some examples of negligence in a pedestrian accident case include:
- An illegal right-hand turn when the pedestrian has the right of way
- Striking a pedestrian because the driver failed to stop at a crosswalk
- Hitting a pedestrian (even when they did not necessarily have the right of way) because the driver was speeding
- Failure to stop at a traffic signal or stop sign
However, there are many instances when drivers try to blame pedestrians for their accidents. You can be confident that insurance companies are closely reviewing the facts of your accident to see whether there is a chance that they can blame you. If they are successful, they can either eliminate your entitlement to compensation or reduce the amount of money they owe you. You need a pedestrian accident lawyer to challenge any wrongful blame and maximize your compensation.
How to Get Compensation for Your Pedestrian Accident Injuries
You may not have to sue the party responsible for your pedestrian accident. You can often file a claim against their car insurance policy to seek financial compensation for your injuries. If drivers are following the law, they should have auto insurance coverage. You may also have insurance coverage to help pay for any excess damages for which the driver does not have coverage.
Many cases will reach a settlement through the informal insurance claims process. You can get your compensation quicker and without as many risks through a settlement versus a trial. Thus, pedestrian accident lawyers may advise their clients to at least begin by trying to work directly with the insurance company to see if the parties can resolve the case before filing a lawsuit.
However, several things can go wrong during the insurance company claims process because you are dealing with a business that aims to make as much money as possible. Insurance companies can use questionable hardball tactics to improve their position at your expense because the more money they have to pay you, the less they will profit.
Thus, insurance companies may do many things to try to frustrate your claim. They may deny your claim because they say you have not put forth adequate evidence of negligence to have the legal right to compensation. Insurance companies may also assert that you were the one who was at fault for the accident or your actions contributed to it in some regard. Finally, the insurance company may have an entirely unrealistic view of your damages, claiming that you should receive far less than your actual damages.
You Can File a Lawsuit in Civil Court
Regardless of the reason, you always have a legal right to sue someone for the damages that they have caused you. The claims process is something optional that you choose to go through as someone with the legal right to compensation from the responsible driver. If insurance companies are being uncooperative in the claims process, you can always end negotiations with them and take your case to court.
You can even file a lawsuit directly against the responsible driver without going through the claims process. Your pedestrian accident lawyer will advise you strategically on what legal option may work best in your situation. As the pedestrian accident victim, it is entirely up to you.
When you have suffered an injury in a pedestrian accident that the driver caused, you are the one who is in control of the settlement you accept, as insurance companies cannot force you to accept anything. While you may try to explore a settlement agreement, the actual choice about what to do is yours, working in tandem with your pedestrian accident attorney. If there is never a fair offer on the table, pursuing a lawsuit can be the right choice.
An experienced lawyer will thoroughly evaluate the strength of the evidence you have and the disparity between your losses and the insurance company’s settlement offers. They will weigh your options with you, and if you decide to pursue higher compensation through a lawsuit, your pedestrian accident lawyer should be ready to initiate litigation.
Most Pedestrian Accident Cases Will Reach a Settlement
Even if you initially file a lawsuit instead of an insurance claim, your case will likely not see the inside of the courtroom. The same insurance company that may have handled your claim must defend its driver in court. Insurance companies still have the same financial motivations at play, although they have less control over your case. There is always the possibility that your case can go to a trial in front of a jury, where a group of people will decide your entitlement to money and how much you may get. In most cases, your action will settle between when you filed it and the trial date.
Trial is the last thing the insurance company wants and may be the last thing you want, too. Still, if the insurance company resists offering you a full settlement, a trial may be necessary to get a fair shake. However, most lawsuits will still end in a settlement agreement before they reach the point of a trial. Both you and the insurance company have too much to lose.
Why You Need a Pedestrian Accident Lawyer for Your Case
Pedestrian accident injuries can be catastrophic, so they often lead to significant settlement checks. Remember that your compensation depends primarily on the extent of your physical injuries, and when a car has run you over, you have likely suffered one or more severe injuries. These are not accidents from which the average person walks away unscathed. Instead, you are likely looking at a long road ahead of you if you can recover at all from your injuries.
With that in mind, you must present the strongest legal case, proving that the driver is liable for the crash and showing the full extent of your injuries. Since you are the one who is seeking money, you also have the burden of proof in all aspects of your pedestrian accident claim. A pedestrian accident attorney can help you put your best legal foot forward when dealing with an insurance company or taking your case to court.
How a Pedestrian Accident Lawyer May Help You
There are various ways that a pedestrian accident lawyer can help you recover the highest amount of compensation possible for your injuries. First, your pedestrian accident attorney will advise you on strategy for your case. They may determine where to begin and how much you initially want to press the insurance company.
Your pedestrian accident lawyer will work to gather helpful evidence that you can use in your claim. This evidence may include:
- Testimony from objective third parties who saw your pedestrian accident
- Pictures from the scene of your pedestrian accident
- The police report from the accident (which can be helpful if you have filed an insurance claim)
- Testimony from an accident reconstruction expert who will give their opinion about what happened to cause your pedestrian accident
- Dashcam or traffic camera footage from the nearby vicinity that may have captured the accident
Then, your pedestrian accident lawyer will work to calculate your damages and advise you how much you should seek in a claim or lawsuit. Your pedestrian accident damages may consist of the following:
- Medical expenses
- Lost earnings
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Wrongful death (if your loved one died in a pedestrian accident, and your family has suffered losses)
Your pedestrian accident lawyer’s job is to do everything in their power to maximize the compensation you receive. In some cases, that includes suing the driver who ran you over in court, especially when their insurance company is uncooperative in settlement negotiations. A possible lawsuit is one weapon in your pedestrian accident lawyer’s toolbox that can increase the chances that you receive compensation for your injuries.
To give your pedestrian accident lawyer as much time as possible to work and to allow them to provide the maximum amount of protection possible for your rights, now is the time to get legal help. The key is to preserve all of your legal options. You may have limited time to file a lawsuit because of the statute of limitations in your state, and the insurance company may be pressuring you or trying to undercut your case.
When you hire a pedestrian accident attorney to represent you, they will immediately investigate what happened while they run point for you with the insurance company. All of this is without asking you to pay any money upfront from your own pocket because the pedestrian accident lawyer works for you on a contingency basis.
The aftermath of a pedestrian accident can be physically, emotionally, and financially overwhelming. Hiring a pedestrian accident lawyer is crucial to protecting your rights and ensuring you receive the compensation you deserve. They will provide the experience, guidance, and support you need to handle the legal process and fight for justice. Do not face this challenging situation alone – seek the help of a qualified personal injury attorney in Tupelo, Mississippi.
