Pedestrian Accident Attorneys:
Accidents involving pedestrians are some of the most severe, often leading to life-altering injuries or even fatalities. When a pedestrian is struck by a vehicle, the results can be devastating, and understanding your legal options can make a significant difference. In this guide, we’ll walk you through the role of pedestrian accident attorneys, what they do, and how they can help if you’ve been involved in a pedestrian accident.
What Are Pedestrian Accident Attorneys?
Pedestrian accident attorneys are specialized personal injury lawyers who focus on cases where pedestrians have been injured by motor vehicles. These attorneys have a deep understanding of traffic laws and pedestrian rights and are skilled in advocating for injured victims to ensure they receive the compensation they deserve. They represent pedestrians in a range of cases, from hit-and-run incidents to those involving distracted or drunk drivers.
Why You Need a Specialized Attorney for Pedestrian Accidents
Pedestrian accident cases often involve complex legal issues, especially when it comes to proving fault and dealing with insurance companies. A pedestrian accident attorney can guide you through these challenges, ensuring that your rights are protected and that you receive fair compensation for your injuries.
Why Pedestrian Accidents Are on the Rise
Unfortunately, pedestrian accidents have been on the rise in recent years. This increase can be attributed to several factors:
- Distracted driving: With the growing use of smartphones, drivers are more distracted than ever, leading to accidents.
- Speeding: Many accidents occur because drivers are speeding and unable to stop in time to avoid hitting pedestrians.
- Poor infrastructure: In some areas, sidewalks, crosswalks, and pedestrian signals are lacking, making it dangerous for people to walk.
These factors have made walking more hazardous, increasing the need for qualified pedestrian accident attorneys to represent victims in these types of cases.
Types of Pedestrian Accident Cases Handled by Attorneys
Pedestrian accidents can happen in various scenarios, and pedestrian accident attorneys handle cases that involve:
- Hit-and-run accidents
- Accidents involving drunk drivers
- Crosswalk accidents
- Accidents in parking lots
Each case requires a unique legal approach, and an experienced attorney will know how to build the strongest case possible.
How a Pedestrian Accident Attorney Can Help You
When you hire a pedestrian accident attorney, they will handle all aspects of your case, including:
- Providing legal advice: Your attorney will explain your rights and help you understand the legal process.
- Gathering evidence: They will collect witness statements, accident reports, and other crucial evidence to support your claim.
- Navigating insurance claims: Insurance companies often try to minimize payouts, but your attorney will negotiate on your behalf to ensure you receive fair compensation.
- Representing you in court: If your case goes to trial, your attorney will advocate for you in front of a judge and jury.
Steps to Take After a Pedestrian Accident
If you’ve been involved in a pedestrian accident, it’s crucial to take the following steps:
- Seek medical attention immediately, even if you think your injuries are minor.
- Gather evidence at the scene, such as photos of the accident, contact information of witnesses, and the driver’s information.
- Report the accident to the police and ensure that a formal report is filed.
- Contact a pedestrian accident attorney as soon as possible to discuss your case.
What to Look for in a Pedestrian Accident Attorney
Choosing the right attorney is critical to the success of your case. When selecting a pedestrian accident attorney, look for:
- Experience: Ensure they have handled numerous pedestrian accident cases.
- Reputation: Check client reviews and testimonials to gauge their success rate and client satisfaction.
- Knowledge of local laws: Laws surrounding pedestrian accidents can vary by state or locality, so it’s important to hire an attorney who is well-versed in local regulations.
- Contingency fee arrangements: Most pedestrian accident attorneys work on a contingency basis, meaning they only get paid if you win your case.
The Legal Process for Pedestrian Accident Claims
The legal process for filing a pedestrian accident claim typically involves:
- Filing a claim with the at-fault driver’s insurance company.
- Negotiating with the insurance company to reach a fair settlement.
- Deciding between settling or going to trial.
- Observing the statute of limitations in your state, which determines how long you have to file a claim.
Compensation You Can Receive After a Pedestrian Accident
Victims of pedestrian accidents may be entitled to compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Long-term rehabilitation costs
The amount of compensation depends on the severity of your injuries and the circumstances of the accident.
Common Challenges in Pedestrian Accident Cases
Some challenges that may arise in pedestrian accident cases include:
- Proving fault: Establishing liability can be complicated, especially in cases where both the driver and pedestrian may share some blame.
- Dealing with uninsured drivers: If the driver lacks insurance, your attorney can help explore other avenues for compensation.
- Insurance company disputes: Insurance companies may try to deny or reduce your claim, but a skilled attorney will handle these negotiations.
How Liability Is Determined in Pedestrian Accidents
Liability in pedestrian accidents is often determined by:
- Pedestrian right-of-way laws: Pedestrians typically have the right-of-way at crosswalks, but each case is unique.
- Comparative negligence: Some states follow comparative negligence laws, which means fault can be shared between the driver and pedestrian.
- Contributory negligence: In some areas, if a pedestrian is found even partially at fault, they may be barred from recovering damages.
What Happens If the Pedestrian Is Partially at Fault?
If the pedestrian is found to be partially at fault, it can affect their ability to recover compensation. Pedestrian accident attorneys can help mitigate the impact of shared fault by presenting strong evidence in your favor.
How Long Does It Take to Resolve a Pedestrian Accident Case?
The timeline for resolving a pedestrian accident case depends on several factors, including:
- The severity of the injuries
- The complexity of the case
- Whether the case settles out of court or goes to trial
On average, cases that settle out of court resolve faster than those that go to trial.
The Importance of Hiring a Local Pedestrian Accident Attorney
Hiring a local pedestrian accident attorney offers several advantages:
- Familiarity with local laws
- Access to local experts and resources
- Knowledge of the local court system
Local attorneys are often more in tune with the specific nuances of the area, giving you a strategic advantage in your case.
FAQs About Pedestrian Accident Attorneys
1. How much does it cost to hire a pedestrian accident attorney?
Most pedestrian accident attorneys work on a contingency fee basis, meaning they only get paid if you win your case.
2. What should I do if the driver who hit me doesn’t have insurance?
Your attorney can help you explore other options, such as uninsured motorist coverage or filing a personal injury lawsuit.
3. How is compensation calculated in pedestrian accident cases?
Compensation is typically based on medical expenses, lost wages, pain and suffering, and long-term rehabilitation needs.
4. Can I still file a claim if I wasn’t in a crosswalk at the time of the accident?
Yes, but it may affect how fault is determined in your case. Your attorney can help build a strong argument on your behalf.
5. How long do I have to file a pedestrian accident claim?
The statute of limitations varies by state, but in most cases, you have two to three years from the date of the accident to file a claim.