Pedestrian Accident Attorneys: The aftermath can be bewildering and upsetting if the unthinkable occurs and you or a loved one is hurt in a pedestrian accident. In addition to the financial hardships, mental anguish, and physical suffering, you could have to deal with a challenging judicial system. Pedestrian Accident Attorneys can help with that, acting as your steadfast champions throughout this difficult period.
Attorneys for Pedestrian Accidents are uniquely qualified to handle the complexities of personal injury cases, particularly when they involve pedestrian collisions. They are aware of the particular difficulties pedestrian accident victims encounter, such as the difficulties with insurance claims, determining who is at fault, and paying for medical bills.
Avoiding Insurance Company Pitfalls That Naive People Fall Into
Assigning Responsibilities: Insurance companies frequently attempt to assign liability to pedestrians by claiming that they did not take reasonable precautions to prevent injuries. The argument that the pedestrian darted onto the road so close to the driver that they had little time to stop the car is usually the foundation of the comparative negligence defense. The pedestrian’s recovery will be diminished in proportion to the plaintiff’s degree of blame if this claim is successful.
Stall, Stall, Stall: Insurance companies will deliberately postpone paying out claims to maintain investment funds in order to generate profits. They act in this manner while being fully aware of the difficulties faced by a wounded pedestrian as their medical bills rise and their capacity to work is diminished. They understand that, in order to obtain compensation more quickly, the wounded pedestrian will be under growing pressure to accept a settlement that is less than the full amount of their claim.
Contesting the Cause of the Injury: In certain instances of pedestrian accidents, the insurance provider has little chance of contesting responsibility. For instance, the car might drive through a red light and enter an intersection crosswalk. The insurance provider may employ a variety of strategies to achieve this objective. The insurer may assert that the medical condition is solely due to an injury sustained in the past based on prior medical records or accidents. The insurance company may even attempt to attribute your injuries to something that happened after the pedestrian accident if you put off getting medical help.
Requesting a Recorded Statement: Usually, you will receive a request for a recorded statement from an insurance carrier investigator. The goal is actually to find a defense to liability or to unearth information that supports a reduction in the value of your claim, even though the insurer’s representative may rationalize this statement by citing the necessity to assess your claim.
Seeking an Early Settlement: The insurance company may make a relatively quick settlement offer when liability is fairly obvious. This lowball offer may be made in an attempt to settle the case before you finish your medical care or to hire a lawyer. A general release waiving your claim to injuries or claims you are unaware even exist will be required of you if you resolve the case before the end of your treatment. The insurance company will attempt to take advantage of your inexperience in assessing the value of your claim if you don’t have legal counsel.
Contesting the Severity of Injuries: “Low impact collision” is a term that insurance companies love to use. The insurance company’s representatives frequently attempt to convince unrepresented parties to accept a lowball settlement offer. This claim made by insurers is especially baseless because even at low speeds, serious injuries from vehicle collisions often result from pedestrian strikes because there is no protection for pedestrians.
Requesting Document Execution: In order to expedite the processing of your claim, insurance companies may request that you execute certain documents. A consent to release information is one example of such a document. Although certain medical records and income details may be pertinent, this kind of release is excessively wide and may reveal private but unrelated information. The ultimate goal of this request is to acquire data that may be utilized against you.
COMMON Reasons for pedestrian mishaps
Road rage or inattentiveness is the primary cause of pedestrian accidents resulting in personal injury. On occasion, though, these mishaps may be the consequence of someone else’s carelessness.
The attorneys at our firm have spent decades defending pedestrians, and during that time they have observed a variety of factors that may contribute to these potentially fatal collisions, including:
- Drowsy motorists
- Left-turning vehicles (DUI/DWI)
- Accelerating
- Vehicle defects (such as almost silent electric cars)
- Neglecting to be cautious in pedestrian zones
- Driving while distracted
- Ignoring traffic signals and stop signs
- Unsafe roads and crosswalks
Inadequate pedestrian safety measures expose vulnerable populations to harm.
An annual publication called “Dangerous by Design,” which focuses on a variety of pedestrian issues, is offered by the organization Smart Growth America, which promotes pedestrian safety. This article states that an average of thirteen pedestrians are killed by cars every day. Despite the common misconception that pedestrian accidents are uncommon, pedestrian accidents result in 7.2 times more deaths than natural disasters.
Vulnerable populations have higher rates of pedestrian accidents. Compared to younger adults, seniors 65 years of age and older have a 50% increased chance of getting struck by a car while out on foot. Statistics on pedestrian fatalities often show an overrepresentation of older people and members of minority groups. Despite making up about 40% of the population in the United States, people of color are responsible for 46.1 percent of pedestrian fatalities. In certain geographical areas, the difference is even more striking. For example, although making up only 5% of the population of North Dakota, Native Americans are responsible for 38% of pedestrian fatalities. Low-income areas also have higher rates of pedestrian fatalities.
Although the higher percentage of pedestrians in these populations has an impact on the data, it is by no means the only factor explaining the discrepancy. Tragedies involving pedestrians can also be caused by inadequate pedestrian infrastructure, which might include things like a deficiency of crosswalks, a lack of pedestrian traffic signals, inconveniently placed bus stops, and other things.
People walking may be put in danger by designs that are unsafe or by public entities that fail to invest in pedestrian safety features. These risks are easily avoidable. Poor urban areas are frequently found close to bus stops, major thoroughfares, and other areas where people walk. All parties involved in the street design process, including local elected officials, federal policymakers, and transportation engineers, fail to take reasonable precautions to prevent these kinds of traffic-related deaths. It is common for areas designed to accommodate high car speeds to neglect pedestrian safety, creating risky conditions for people jogging, walking, and running.
For Pedestrian Injuries, Who Bears Responsibility?
Even though careless drivers are typically to blame for the majority of pedestrian accidents, other people can also be at fault. In order to locate all possible defendants and pertinent insurance policies, our pedestrian accident law firm thoroughly examines the facts and circumstances of our clients’ cases.
Pedestrian injuries may result in financial liability for various third parties, such as:
- Public agencies for flaws in roads.
- Automobile and component manufacturers for faulty cars (such as brakes that don’t engage)
- Drivers’ distraction caused by passengers.
- Owners of vehicles who carelessly give their vehicles to drivers they know or should know are incompetent.
After identifying a possible defendant, we look into the case and start the discovery process to make sure there are enough insurance policies to cover any judgment or settlement costs. We may carry out an asset search to see if the responsible party has any other means of paying a judgment if they do not have insurance.
RECognizing Your Legal Rights as a Passenger
Here are some typical provisions of pedestrian accident law, though the rights and obligations of pedestrians can differ slightly by state:
Pedestrian Right-of-Way in Crosswalks: Unless there is a pedestrian overpass, tunnel, or traffic control signal at the intersection, cars are required to yield the right-of-way to pedestrians at crosswalks. Nevertheless, if it will not give an oncoming driver enough time to stop, pedestrians are not allowed to dart into traffic out of nowhere, such as a curb. At an intersection, a car that has stopped to allow a pedestrian to cross the street is not allowed to pass another car.
Vehicles entering or exiting a building, driveway, private road, or alleyway are required to yield to pedestrians exercising their right of way.
Crossing Places Other Than Intersections: Pedestrians must yield the right-of-way to vehicles when crossing in the middle of a block or at any other non-intersection.
Crosswalk Pedestrian Position: When it is practical, pedestrians must utilize the right half of the crosswalk.
People on foot Walking in the Roadway: It is illegal for pedestrians to stroll on a neighboring road if the roadway has a sidewalk.
Walking on a Roadway Without Sidewalks: Pedestrians must walk on the shoulder or left side of the road, facing oncoming traffic, as far to the left as is reasonably possible, especially if a vehicle is approaching, when they are on a highway or other type of roadway without sidewalks.
The Nature of Vechile-Struck Pedestrian Iinujries
The likelihood of a pedestrian suffering a crippling injury rises dramatically with the speed of the vehicle at impact, even though the risk of a catastrophic injury is still relatively high.
The likelihood that a pedestrian will be killed or suffer a serious injury is directly related to the vehicle’s speed:
Speed | RISK OF SERIOUS INJURY |
16 mph | 10 percent |
23 mph | 25 percent |
31 mph | 50 percent |
39 mph | 75 percent |
46 mph | 90 percent |
SPEED | RISK OF FATALITY |
23 mph | 10 percent |
32 mph | 25 percent |
42 mph | 50 percent |
50 mph | 75 percent |
58 mph | 90 percent |
The charts show that even low-speed collisions pose serious risks to pedestrians, even though the AAA Foundation for Traffic Safety data indicates a correlation between the rate of speed and the risk of serious injury or wrongful death.
Another significant risk factor in this computation is age. A pedestrian who is 70 years old and traveling at 25 mph is far more likely to suffer a serious injury or pass away than a pedestrian who is 30 years old and traveling at 35 mph.
When a motor vehicle runs over a pedestrian, some of the major injuries they sustain include:
(i) Fractures and shattered bones.
(ii) Damage to important organs.
(iii) Head trauma injuries (TBIs).
(iv) Injury to the spinal cord (SCIs).
(v) Quadrupole.
(vi) Incapacitation.
(vii) Limb amputation.
(viii) Irreversible disfigurement.
(ix) Incorrect demise.
Forms of Compensation in a Pedestrian Accident Lawsuit
Due to the sometimes severe injuries sustained when cars smash into pedestrians, victims are entitled to the maximum amount of money recovered, which can help with the best possible medical care, lost income replacement, and overall quality of life after the event. Even though no two pedestrian accident instances are the same, financial losses and non-financial losses (including pain and suffering) are typically awarded in a civil lawsuit.
Among the several forms of recompense to which you may be eligible are:
Financial (Economic) Losses
(Present, past, and future) lost salaries
Expenses for treatment, hospital stays, and rehabilitation
burial expenses (in wrongful death situations)
Other Non-Cash Damages
Anguish and suffering
Absence of consortium
Mental distress
Deformity
Penalties (in extreme situations)
The reasons a seasoned pedestrian accident lawyer matters
Any attorney can be hired by injured pedestrians to represent their rights, although there are big differences in the backgrounds and expertise of attorneys. Thousands of personal injury cases, many including wounded pedestrians, have been handled by our pedestrian injury attorneys. This knowledge of the particular problems that emerge in instances involving pedestrian accidents and the strategies frequently employed by insurance companies to reduce their liability can be a big benefit. Working with a reputable pedestrian accident lawyer has several advantages.
Anticipating Common Defenses: Insurance companies will adjust their defenses according on the particulars of each case, but there are some defense tactics that are commonly used in cases involving pedestrian injuries. For instance, the insurance company may try to use the comparative negligence approach to place the blame on the pedestrian, arguing that by engaging in unreasonable risky behavior like jaywalking, the pedestrian neglected to take common precautions for their own protection. The insurance provider may even contend that because the plaintiff ducked into traffic too near to the oncoming car, its insured could not have prevented the collision.
Demonstrating the Complete Amount of Injury: Insurance companies usually concentrate on minimizing the amount they have to pay out in a settlement or judgment because pedestrians generally have the right-of-way. Insurance companies may assert that the injury was caused by pre-existing conditions or events that happened after the accident, particularly if there is a delay in receiving medical assistance after the pedestrian accident. The insurer will carefully review the plaintiff’s medical records in an effort to find further potential reasons for the pedestrian’s illness. Seeking quick medical attention and taking part in the entire course of diagnostic tests, rehabilitation, and treatment are the best ways to counteract this strategy.
Keeping the Scales of Justice in Balance: Insurance companies have many advantages, such as access to teams of attorneys, specialists, adjusters, and detectives. Furthermore, big national insurers can afford to pay for legal defense. With our sizable national law firm at your side, you may level the playing field by relying on our attorneys’ substantial litigation resources, centuries of combined expertise, industry-recognized leadership, and network of experts.
Preventing Unwarranted Traps: A valid claim for damages may be severely undermined by the complex procedural, evidentiary, and substantive criteria of the civil litigation process. Skilled attorneys for pedestrian accidents can assist you in avoiding crucial errors such as making remarks that undermine your case or missing important deadlines like the statute of limitations.
Calculating the Worth of Your Claim: Before you have finished receiving medical attention for your injuries or have consulted a lawyer, the negligent driver’s insurance company may make a hasty settlement offer. Insurance companies are aware that the general public lacks sufficient knowledge about previous verdicts and settlements, as well as the variables that affect damage awards. Our attorneys are able to accurately assess the worth of a claim by consulting specialists, prior case expertise, and awareness of the elements that impact damages, ensuring that you don’t take less than you deserve.
IF A CAR HITS YOU WHILE YOU’RE WALKIING, WHAT SHOULD YOU DO?
If you are walking, jogging, or running when you are hit by a driver who is speeding, distracted, intoxicated, or otherwise irresponsible, taking specific steps in the moments following the collision can help your claim.
If you are a pedestrian struck by an automobile, you should take the following actions:
1. Get medical help as soon as possible.
2. Have someone take pictures of your injuries, the car, and the surroundings at the scene to help with the evidence collection.
3. Call the police to the location so that they can prepare an accident report.
4. Do not converse with the driver who was irresponsible or their insurance provider.
5. Seek the counsel and representation of a knowledgeable attorney for pedestrian injuries.
6. Keep all of your appointments for physical therapy and medicine, and see your doctor as prescribed.
COMMON QUESTIONS RELATING TO Pedestrian Accidents
A PEDESTRIAN ACCIDENT: WHAT IS IT?
When a car, truck, or motorcycle strikes someone who is not using a vehicle—like a person crossing the street or going for a morning jog it results in a pedestrian accident injury.
WHICH ARE THE PRIMARY REASONS FOR BICYCLICAL ACCIDENTS?
The National Highway Traffic Safety Administration states that poor visibility, driving while intoxicated, running into traffic, failing to yield the right-of-way, improper crossing of the street, and standing, lying, playing, or working in a street are common causes of pedestrian accidents.
WHERE DO THE MOST FATALITIES AFFECT PEDIGRALS?
The majority of pedestrian accident fatalities, according to the National Highway Traffic Safety Administration, occur in densely populated urban areas.
WHEN A CAR CROSSES A PEDESTRIAN, WHO IS AT FAULT?
In such a case, the motorist would almost certainly be deemed at fault. This isn’t always the case, though. Working with a lawyer that has experience handling pedestrian accidents is essential since there are many variables that can affect who was at responsibility for the collision.
WHERE DO PEOPLE RISK FROM BEING HIT BY A CAR?
When a car is turning left at an intersection, pedestrians are most at risk of being struck by it. This is due to the fact that a driver is significantly more aware of incoming traffic when turning left than they would be when turning right. They become distracted by this and are more likely to miss a pedestrian crossing the street.
In pedestrian accidents, which pedestrians are most vulnerable?
In a pedestrian accident, the elderly and children are more likely to die or suffer serious injuries.
IF YOU ARE HIT IN A CROSSWALK, WHAT HAPPENS?
Crosswalks are meant to be safe places for people to cross, therefore if you are hit by a car while using one, the motorist is probably to blame for your injuries. As soon as possible, you should discuss the situation with a pedestrian accident attorney.
IF A DRIVER CROSSES A PEDESTRIAN, WHAT HAPPENS?
A motorist who strikes a pedestrian with their car may be subject to a personal injury lawsuit from the victim. In the event that the motorist is judged to be at blame, they will have to reimburse the victim for all accident-related losses, such as lost wages and medical costs.
DO PERSONS ON FOOTEVER GO AWOL IN AN ACCIDENT?
Contrary to common assumption, pedestrians who are struck by a car can nonetheless be at blame even when they have the right-of-way. For instance, it is likely that a pedestrian struck while crossing a road that forbids foot traffic will be held accountable for the collision.
A NEGLIGENT PEDESTRIAN: WHAT IS IT?
Negligent behavior is defined as unpredictable or careless behavior by a pedestrian in or near a roadway. It is probable that the pedestrian will be held accountable for the accident, at least in part, if negligence on their part happens.
IF YOU RUN OVER A JAYWALKING PEDESTRIAN, WHAT HAPPENS?
In a case like this, the accident may be attributed to either participant. To decide who is more to blame for the collision-the driver or the jaywalker—all relevant variables must be taken into account.
IF AN ACCIDENT IS CAUSED BY A PEDESTRIAN, WHAT HAPPENS?
If a pedestrian is found to be at fault in an accident, they will probably be held liable for any damages the motorist sustained. This could include pain and suffering, medical costs, missed income, and car damage.
CAN BICYCLISTS PREVENT ACCIDENTS?
It is possible to significantly reduce the likelihood of pedestrian accidents by adhering to a few basic safety precautions. You may reduce the risk of pedestrian accidents by always using the sidewalk, dressing in reflective materials at night, using the crosswalk, and putting away your phone when you cross the street.
WHAT IS A HIT PEDESTRIAN’S USUAL SETTLEMENT?
Compensation is due when a car strikes a pedestrian, although each pedestrian accident claim will have a different usual amount. Every time a pedestrian is struck by an automobile, there are certain facts and circumstances involved, so too are the settlement amounts. An expert pedestrian accident attorney can help you determine the potential value of your case by examining the settlement of comparable pedestrian accident cases.
While many legal firms boast about their reputation and experience, Parker Waichman’s attorneys have 350 years of combined legal experience. Since the establishment of our personal injury law company in 1993, we have helped clients get verdicts and settlements totaling more than $2 billion. Even though we are a sizable legal practice, we are dedicated to making sure that every one of our clients gets the consideration and promptness they would anticipate from us if they were our only clients.