You encounter some of the most hazardous road situations when you’re a pedestrian. Around 6,000 pedestrians died in motor vehicle incidents in only 2019 alone. Not all cities are particularly pedestrian-friendly or walkable. In certain rural regions, there may be no sidewalks at all, making pedestrians more vulnerable.
Even if you are being extremely cautious, obeying the rules, and being watchful, one careless motorist might still inflict significant harm. In contrast to cyclists and motorcyclists, pedestrians do not wear helmets and lack the structural protection that a car provides.
What is the meaning of pedestrian accident?
The most forward meaning of pedestrian accident, is that it is accident which involves a collision between a pedestrian and a car, bicycle, or even a horse. Any collision between a pedestrian and an outside force, anywhere
What are the frequent causes of Accident involving Pedestrians?
There are few factors that can raise the possibility of a pedestrian accident. Even while automobiles are safer than ever now, pedestrians on our roads are not any safer than they were in earlier decades. There might not be walkable highways where you live, which puts pedestrians at an increased risk of accident injuries.
Among the most frequent reasons for pedestrian collisions are:
- Distracted driving:
This is without a doubt the greatest avoidable factor in an accident. Although drivers are aware that they must always be completely vigilant, they are frequently sidetracked by several factors, including mobile gadgets.
- Driving or Walking When Intoxicated:
Using our roads while intoxicated is never safe, whether you’re walking or driving. A intoxicated pedestrian may be struck by a drunk driver because both parties are too buzzed to be completely aware of their surroundings. Drunk pedestrians are much more likely to ignore traffic signs, disregard the law, and cross the road in an unsafe area.
- Electric vehicles
Compared to combustion engine vehicles, clean energy vehicles are substantially quieter, allowing people to cross the street in front of them. The risk of getting hit by an electric car is particularly increased for pedestrians with poor hearing or vision. Keep your headlights on at all times if you are operating an electric vehicle..
- not using the proper turn signals
- not giving way to pedestrians at intersections
- driving while on a cell phone or other electronic gadget
What do you do when you are involved in pedestrian Accident?
What you should do after a pedestrian accident depends on the extent of your injury.
You may need to seek medical treatment first to prevent excessive damage to your body. You may also need to call the police and stay back at the scene if the injury is not much.
Again, you need to record the evidence of the scene of the accident. It will help you by the time you speak with your lawyer and the need to prove fault arises.
Most importantly, pedestrian accident lawyer should be consulted. You need to get your lawyer involved as soon as possible.
The facts of your case may be sorted out and a winning legal strategy can be created with the assistance of a personal injury attorney who focuses on pedestrian accidents.
Top 2 Pedestrian accident Attorney?
The law office of Ceolawyer is a firm of lawyers managed by Ali Awad and it is located 200 Peachtree Street NW Suite 201 Atlanta, GA 30303. The law firm specializes in pedestrian accident injuries and other cases of personal injury.
The law office is primarily based in Atlanta Georgia but may also attend to your legal need regardless of your location in the country.
The law office has over 20 years of experience and has recorded 99.5% success rate in handling personal injury cases of various magnitude.
The law office also charges contingency fee, so you don’t have to worry about paying upfont fee. You will only pay them when they win your case for you in court. You can contact them via +1 888-307-3448 or visit their website Ceolawyer.com to find out more.
2. Munley Law Office.
The law office of Robert Munley is another top pedestrian accident lawyer you can contact for your personal injury case. The law office has most of their lawyers listed among the best lawyers in America. Their lawyers are also members of the Million Dollars Advocates Forum.
In case you have any case of:
- Slip and fall
- Car accident
- Truck accident
- Workers compensation
- Wrongful death,
- Pedestrian accident,
You can reach out to them by visiting their website page munley.com.
Why hire Pedestrian accident Lawyer?
A pedestrian accident attorney can assist you with your case in the following ways:
Conduct a Pedestrian Accident Investigation
We are all aware that pedestrian accidents frequently result in a he said/she said debate. A comprehensive investigation will be required to determine what caused the crash and who the accountable party is.
Our pedestrian accident lawyer will gather crucial data required to establish culpability. This include communicating with experts, recreating the accident scene, chatting with witnesses, looking over photos and video evidence, and reviewing the police report, among other things.
Calculating the Overall Loss
Pedestrian collisions are expensive. You must include future costs, such as long-term medical expenses, in addition to the current ones, like rent or mortgage.
Indeed, you might be dealing with a huge debt load right now, but a speedy settlement can take care of it right now. Yet if you agree to a settlement today, any subsequent bills must be paid for out of pocket.
Your accident’s value can be roughly estimated by our personal injury lawyer. We will consider both your prospective expenses and your outstanding debts. This will give you a better understanding of the value of your pedestrian accident claim and the potential value of the settlement offer.
Negotiate with the insurance provider
Even if it is obvious who caused your pedestrian accident, the insurance company will make every effort to avoid providing you with a reasonable settlement.
You need the assistance of a skilled automobile accident attorney to pursue compensation because they can negotiate with the insurance provider on your behalf and fight for a just settlement.
Only skilled personal injury lawyers, such as trial lawyers or the pedestrian accident attorneys at Munley Law Personal Injury Attorneys, can help you prevail in court if a settlement cannot be made.
How do you know who is at Fault in Pedestrian Accident?
Sometimes people make the mistake of assuming that the driver of the car that collided with a pedestrian was always at blame. In order to lessen or completely eliminate their client’s liability for the accident, the insurance firms that are defending the driver will look for opportunities to assign some of the blame on the pedestrian.
A pedestrian may be at blame in some circumstances, such as when they cross the street illegally, jaywalk, disobey traffic signals, or enter an area that is off-limits to pedestrians.
The injured party may file a negligence claim in the majority of pedestrian accident situations. In circumstances of negligence, the aggrieved party must demonstrate:
The vehicle’s driver owed a duty of care to the pedestrian; This obligation was broken, either because the driver was careless or disobeyed the law on purpose; as a result of the driver’s actions, the pedestrian was hurt.
It is true that when utilizing the roads, both drivers and pedestrians are expected to maintain a fair degree of care and behave properly. Yet, drivers are typically expected to use greater caution. A motorist may be deemed negligent if
- failing to concentrate
- not using the proper turn signals
- not giving way to pedestrians at intersections
- driving while on a cell phone or other electronic gadge
Yet, a pedestrian hurt by a motorist may bring a negligence per se claim in several states. According to this legal theory, carelessness may be assumed in some circumstances, particularly if the plaintiff can show that the defendant violated a safety rule.
In cases of negligence per se, the plaintiff, or the injured person, must additionally demonstrate that they were within the category of people the legislation was intended to safeguard and that the negligent driver’s conduct directly harmed them.
Negligence in and of itself occurs when a driver is intoxicated while operating a vehicle and strikes a person within the vehicle while obeying all other traffic laws. The driver might have been better equipped to react if they had been sober.
Not all situations call for negligence per se, and not all states recognize it.
Comparative negligence law is used in other states. By recognizing that both parties contributed to the accident, comparative negligence allocates blame fairly. If you are hurt in a pedestrian accident in a state that accepts comparative negligence, you can still seek compensation, but it will probably only be a part of the total damages you could have sought.
A Pedestrian can also be at Fault. Here are some instances of pedestrian negligence:
- failing to cross at designated intersections
disregarding traffic rules and signals neglecting to pay attention or determine whether it is safe to cross the street
scurrying in front of vehicles
The surviving spouse, children, or estate of the dead may bring a wrongful death claim against the negligent driver in the most serious situations where a pedestrian is killed in an accident. The plaintiff must establish carelessness according to the same requirements before taking this legal option.
In addition to the damages, an injured person is also entitled to the following compensation. You may file a wrongful death claim to recover funeral and burial costs for your departed loved one.
What Kind of Damages Can I Recover in a Lawsuit involving a Pedestrian?
You are entitled to reimbursement for costs associated with your injuries and damages if you were hurt as a pedestrian in an accident. Your attorney will make an effort to get
Medical expenses: This covers any existing or foreseeable medical costs associated with the harm you experienced in the collision. After the accident, make sure to get medical help, and keep track of all of your hospital, ambulance, rehab, and, if required, surgical expenses.
Lost wages and diminished earning capacity: On occasion, a serious injury may render you permanently unable to work. If so, you are entitled to compensation for the cash you spent and the cash you would have made if the accident hadn’t hurt you.
You are entitled to compensation for your non-economic losses as well as your pain and suffering.
The physical discomfort you may experience following an accident-related injury is referred to as “pain and suffering.” Pain need not always be physical to be mental. You have the right to financial compensation for emotional and psychological suffering following an accident, such as depression, anxiety, and anguish.
These damages are categorized into Economic and non-economic damages.
Economic damages are any compensation you may be eligible to receive for any financial losses you incurred as a result of the pedestrian accident. They consist of past and present medical costs, missed wages, and diminished earning capacity.
Non-economic damages: These damages are more arbitrary in nature. These allude to any non-financial losses you may experience, such as mental distress, pain and suffering, and loss of companionship.
When a pedestrian is hurt in a collision, they can first rely on their own health or auto insurance to cover the costs.
If you own a car and have insurance, you can use your personal injury protection (PIP) insurance, just like if you were in a bike accident.
But, the driver of the vehicle involved in the pedestrian accident will pay the claim if you don’t have insurance or aren’t insured under someone else’s policy. It’s vital to remember that pedestrians are exempt from minimal tort limits.
The pedestrian does have the choice to use their uninsured/underinsured motorist policy to reimburse their costs if the driver flees the scene after striking them.
Who can be held liable for Pedestrian Accident?
The consequences of drivers failing to pay close attention to the road can be disastrous, especially for pedestrians. Among the frequent reasons for pedestrian collisions are as follows:
- driving while distracted or texting while driving
automobiles that fail to stop for pedestrians at crosswalks
- not checking all directions before turning at crossroads
- driving too quickly to allow for a timely and safe stop
- Driving while intoxicated or under the influence of drugs
- Crosswalk locations have design flaws, such as failing to take upstream and downstream traffic flows into account.
Metropolitan areas experience a significantly greater rate of pedestrian accidents than rural ones, yet terrible incidents can also occur on rural roads. Curved roads with poor visibility and fast speeds provide the ideal conditions for a pedestrian collision that results in severe injuries.
The primary cause of many of these accidents is frequently driver error. Your pedestrian accident attorney may bring a case against the following parties following such a pedestrian accident:
The driver: If the driver caused your accident by breaking the law of the road, they may be held accountable.
The car’s maker: If the accident resulted from a flaw in the vehicle, such as defective brakes, the manufacturer may be held accountable.
Federal government A government organization may be in charge if there is an issue with the crosswalk or the lighting setup.
The person on foot In some circumstances, the pedestrian might be blamed for the collision. A pedestrian darting between two parked automobiles without checking for oncoming traffic is one illustration.
How can you establish that the driver caused the collision?
Using the following factors, your pedestrian accident attorney can demonstrate that the driver was at fault:
- Duty of Care:
A duty of care was owed to both the pedestrian and the driver. While participating in a scenario that potentially hurt another person, you have a duty of care to ensure that they are not harmed. The obligation to drive safely rests with the driver. Crossing the roadway legally is the responsibility of pedestrians.
- Breach of duty of Care
The liable party went against their duty of care. In the aforementioned illustration, the driver was speeding at the moment of the collision. They violated their responsibilities because they were breaking the law.
The pedestrian did not violate their duty of care if they were abiding by the law. Accident and injuries were a result of the breach.
The pedestrian was hurt in the collision because the driver was speeding. Damages were a result of the injury. Damages are any losses you sustained as a result of the accident. Your medical expenses, any ongoing care, missed paychecks, diminished earning capacity, pain and suffering, and other expenses are included in this.
How long do I have to file a lawsuit after a pedestrian accident?
Each state has a different statute of limitations for accidents involving pedestrians. You have two years in Pennsylvania from the date of the pedestrian accident to submit a claim. Despite the fact that two years might seem like a long time, the longer you wait to bring a lawsuit, the more difficult it will be to obtain a favorable result.
Tips for Pedestrian Safety against accident
On the streets, you are especially at risk as a pedestrian. In a rural region, you might not have the protection of a sidewalk if you are running or walking. Although it is the responsibility of drivers to keep an eye out for pedestrians on the roadways, you can keep yourself safe by adhering to these pedestrian safety recommendations.
- Pay attention to traffic signs and observe all other driving regulations, such as stop signs.
If possible, use the walkways.
- If there are no sidewalks where you are going, face the traffic and attempt to stay as far away from the center of the road as you can.
Crossing the street against traffic should only be done at crossroads after checking all directions.
- If you must walk in the dark or at dusk, try to stay in well-lit areas and wear luminous clothes.
- Educate your kids to abide by these same guidelines and standards when they are playing outside near potential car traffic.
Accidents are never fun to experience. The aftermath of the disaster, though, is the most difficult part. It can be difficult and complex to deal with estate issues, recuperate from a serious accident, take time off work, or even deal with the insurance company. You might be unsure if hiring a pedestrian accident lawyer is even necessary following any kind of auto accident.
Yet, you require the assistance of an accomplished personal injury legal firm to support your claim for a pedestrian accident because of all these factors. In addition to defending your claim, Munley Law Personal Injury Attorneys may assist pedestrian accident victims in dealing with insurance carriers.