Introduction
Pedestrian accidents can be catastrophic, often resulting in life-changing injuries. Unlike car-on-car accidents, pedestrian accidents often leave the pedestrian with severe injuries because they have no protection against the vehicle’s impact. If you’ve been involved in a pedestrian car accident, hiring the right lawyer can make all the difference. In this article, we’ll explore the importance of having a pedestrian car accident lawyer by your side, the types of compensation you can receive, and how a lawyer can help you navigate the complex legal process.
What is a Pedestrian Car Accident?
A pedestrian car accident occurs when a person walking or crossing the road is struck by a vehicle. Pedestrian accidents can happen in a variety of situations, including crosswalks, sidewalks, parking lots, and even while walking on the side of the road.
Common Causes of Pedestrian Car Accidents include:
- Distracted Driving: Drivers who are texting, using their phones, or otherwise distracted may fail to see pedestrians in their path.
- Speeding and Reckless Driving: Vehicles driving above the speed limit or erratically increase the likelihood of accidents involving pedestrians.
- Poor Visibility and Weather Conditions: Fog, rain, and night-time driving can make it harder for drivers to see pedestrians, leading to accidents.
- Failure to Yield: Drivers who don’t yield the right-of-way to pedestrians in crosswalks can cause serious accidents.
Why You Need a Pedestrian Car Accident Lawyer
Pedestrian accidents often result in severe injuries, and navigating the legal process can be overwhelming. Here’s why having a pedestrian car accident lawyer is essential:
- Legal Expertise in Pedestrian Accident Claims: A specialized lawyer will understand the complexities of pedestrian accident laws, making them better equipped to handle your case.
- Navigating Complex Insurance Processes: Insurance companies may try to minimize your compensation or deny your claim entirely. A lawyer can handle negotiations to ensure you receive a fair settlement.
- Securing Fair Compensation for Injuries: A lawyer will work to secure compensation for medical bills, lost wages, pain and suffering, and any future care needs related to your injuries.
Common Injuries in Pedestrian Car Accidents
Pedestrian accidents can lead to serious, often life-threatening injuries, including:
- Broken Bones and Fractures: Legs, arms, and hips are especially vulnerable during a pedestrian accident.
- Traumatic Brain Injuries (TBI): A TBI can result from the head hitting the ground or the vehicle, often leading to long-term cognitive and physical challenges.
- Spinal Cord Injuries: Damage to the spinal cord can result in partial or full paralysis, dramatically affecting a person’s quality of life.
- Soft Tissue Injuries: Sprains, strains, and whiplash are common injuries from a pedestrian accident, which may take time to heal and cause chronic pain.
Steps to Take After a Pedestrian Accident
If you’ve been involved in a pedestrian accident, here are the steps you should take:
- Seek Medical Attention Immediately: Even if you don’t feel injured, it’s crucial to see a doctor right away to assess your health.
- Report the Accident to Authorities: Always file a police report for documentation, even if the accident seems minor.
- Gather Evidence at the Scene: Take photos of the scene, witness statements, and any visible injuries.
- Contact a Pedestrian Accident Lawyer: A lawyer will ensure your rights are protected and help you through the legal process.
How a Pedestrian Car Accident Lawyer Can Help You
A pedestrian accident lawyer will be instrumental in several key areas:
- Investigating the Accident: The lawyer will gather evidence, including medical records, police reports, and witness testimony, to build a strong case.
- Gathering Medical and Police Reports: These reports are crucial for understanding the severity of your injuries and the circumstances of the accident.
- Negotiating with Insurance Companies: Lawyers know how to handle insurance companies who may offer lowball settlements or try to avoid paying your claim.
- Filing a Lawsuit if Necessary: If negotiations fail, a lawyer will take your case to court, advocating for your best interests.
Determining Fault in Pedestrian Accidents
In a pedestrian accident, determining fault is a critical step in seeking compensation. Factors affecting liability include:
- Driver Negligence: If the driver was speeding, distracted, or disobeying traffic signals, they may be deemed at fault.
- Pedestrian Negligence: In some cases, pedestrians may also share some responsibility (for example, crossing against a red light).
- Comparative Negligence: In some states, if you are partially at fault, your compensation may be reduced, but you can still receive damages.
What Compensation Can You Expect from a Pedestrian Car Accident Case?
Victims of pedestrian accidents can seek compensation for:
- Medical Expenses: This includes hospital bills, surgery costs, therapy, and rehabilitation.
- Lost Wages: Compensation for income lost during recovery or future income loss if you can no longer work.
- Pain and Suffering: The physical pain, emotional distress, and suffering that result from the accident.
- Emotional Distress and Loss of Enjoyment of Life: Compensation for psychological trauma and the loss of quality of life due to long-term injuries.
How Long Do You Have to File a Pedestrian Accident Claim?
In most cases, the statute of limitations for filing a pedestrian accident claim is typically two years in most states. However, it’s important to contact a lawyer as soon as possible to ensure you meet all deadlines and gather necessary evidence.
Choosing the Right Pedestrian Car Accident Lawyer
When choosing a lawyer, consider the following:
- Experience in Pedestrian Accident Cases: Choose a lawyer who specializes in pedestrian accidents and has a proven track record.
- Success Rate: Look at their history of successful settlements and verdicts.
- Reputation: Check online reviews, testimonials, and references to ensure they are reputable and trustworthy.