Pedestrian accidents can happen for a variety of reasons. Maybe you were hit by a car while crossing the street or during a moment of distraction. In any case, it is common to wonder if you are partly to blame. However, it is important to note that determining liability is not always straightforward in pedestrian accidents.
Various factors are considered in these situations, such as traffic laws, duty of care, and negligence. If you were injured as a pedestrian, you may have the right to launch a claim against the vehicle user responsible for the accident. Hiring a pedestrian accident lawyer will evaluate your case and explain your legal options to protect your rights.
The Lowdown on Your Pedestrian Rights
Pedestrian accidents have become an increasing concern in recent years, with the rise of fast-moving electric vehicles and digital distractions. In many states, there are specific laws in place to protect pedestrians and hold drivers accountable for their actions. However, the specific laws regarding pedestrian accidents vary from state to state.
When it comes to personal injury cases, consult a pedestrian accident attorney who is familiar with your state’s laws and regulations.
The Increased Threat to Pedestrians
Pedestrians face another threat on the roads — high-velocity electric vehicles (EVs). While EVs offer environmental benefits and reduced emissions, they also present unique risks to pedestrians, not least a low operating volume.
Electric Vehicle-Related Pedestrian Accidents
Certain electric vehicle-related pedestrian accidents have risen in recent years. The silent nature of electric vehicles makes them more dangerous to pedestrians. Additionally, some studies have shown that EVs may threaten pedestrians more than traditional vehicles.
Apart from traditional electric cars, other emerging electric vehicles pose a threat to pedestrians. These include:
E-Bikes
Electric bicycles, known as e-bikes, are becoming increasingly popular. These devices have electric motors, giving them higher speeds than normal bikes. Their silent operation can be dangerous to pedestrians, especially if riders do not exercise caution.
E-Scooters
Electric scooters, or e-scooters, have become a popular and useful mode of transit in towns and cities. However, with increasing vehicle numbers come more incidents involving pedestrians.
E-Skateboards
Another emerging mode of transportation is electric skateboards (e-skateboards). These motorized devices can go very fast and might hit pedestrians, especially on busy streets or junctions.
Where do Pedestrian Accidents Usually Happen?
Pedestrian accidents can happen anywhere, but there are certain areas where they are more likely to occur. Understanding these locations can help identify potential hazards and take extra precautions when navigating them, though understanding your legal standing is equally important.
According to pedestrian accident statistics for the US, most pedestrian accidents occur at intersections, crosswalks, and areas with heavy pedestrian traffic. However, accidents can happen anywhere, including residential neighborhoods, parking lots, and even on sidewalks.
Drivers and town officials have a duty of care to pedestrians, and if that duty is breached, it may be a good reason to consult a pedestrian accident lawyer. They can help determine if negligence played a role in your accident and hold the responsible parties accountable.
Common Injuries Sustained in Pedestrian Accidents
Pedestrian accidents can result in a wide range of injuries, ranging from minor cuts and bruises to severe, life-altering problems. Some common injuries sustained in pedestrian accidents include:
Broken Bones
Pedestrians often suffer fractures and broken bones as a result of the impact on a vehicle.
Head and Brain Injuries
The head is particularly vulnerable in pedestrian accidents, and traumatic brain injuries (TBIs) can have long-lasting effects on a person’s physical, cognitive, and emotional well-being.
Spinal Cord Injuries
The force of a collision can cause damage to the spinal cord, leading to paralysis or loss of motor function.
Internal Injuries
Pedestrians can experience internal injuries, such as organ damage or internal bleeding, from the impact of the accident.
Soft Tissue Injuries
Strains, sprains, and contusions are common soft tissue injuries pedestrians may sustain in an accident.
Depending on the severity of these injuries, treatment can require lengthy and expensive rehabilitation, paired with lost future earnings. Seeking the assistance of a pedestrian accident attorney can lead you through the legal process and potentially secure the compensation needed to cover medical expenses, lost income, and other damages.
The Damages an Injured Pedestrian Can Claim
When you are injured in a pedestrian accident, there are various damages that you may be eligible to claim. These financial settlements are divided into three categories: economic damages, non-economic damages, and — in some cases, punitive damages.
Economic Damages:
Economic damages are intended to compensate you for the financial losses you have suffered as a result of the accident. Some examples of economic damages an injured pedestrian can claim include:
- Medical expenses: This category includes hospital bills, doctor visits, prescription medications, and any necessary medical treatments or therapies.
- Lost earnings: If your injuries prevent you from working, you can seek compensation for the income you would have earned during your recovery period.
- Property damage: If your personal belongings were damaged or destroyed in the accident — such as your phone, watch, or clothing — you can include the cost of repairing or replacing them in your claim.
- Rehabilitation costs: If you require physical therapy or other forms of rehabilitation to recover from your injuries, these expenses can be included in your claim.
- Future medical expenses: If your injuries require ongoing medical care or future surgeries, you can seek compensation for the estimated cost of these treatments.
Non-Economic Damages:
Non-economic damages are intended to compensate you for the physical and emotional pain and suffering you have experienced due to the accident. Some examples of non-economic damages include:
- Pain and suffering: This category includes physical pain, emotional distress, and any negative impact the accident has had on your overall quality of life.
- Loss of enjoyment of life: If your injuries have limited your ability to engage in activities you once enjoyed, such as hobbies or spending time with loved ones, you can seek compensation for this loss.
- Loss of consortium: If your injuries have affected your relationship with your spouse or partner, they may be eligible to claim compensation for the loss of companionship and support.
Punitive Damages:
In some cases, punitive damages may be awarded in pedestrian accident cases. Punitive damages punish the at-fault party for particularly reckless or intentional conduct and to deter others from engaging in similar behavior. However, not all states allow for punitive damages in personal injury cases, so consulting with a pedestrian accident attorney will inform you of the laws in your state. Getting the best settlement for your damages isn’t as simple as you think — you should always seek the right assistance.
Common Ways Pedestrians Are Wrongfully Blamed
In pedestrian accident cases, it is not uncommon for the injured pedestrian to be wrongfully blamed or for their actions to be misconstrued. Insurance companies and defense attorneys often try to shift the blame onto the pedestrian in an attempt to reduce their liability.
Some common ways pedestrians are wrongfully blamed include:
Jaywalking
Insurance companies may argue that you were jaywalking or crossing the street illegally, suggesting that your actions contributed to the accident.
Distraction
If you were using your phone, listening to music, or engaging in any other form of distraction at the time of the accident, the defense may argue that you were not paying attention and load blame onto you.
Intoxication
If you were under the influence of alcohol or drugs at the time of the accident, the defense may argue that your impairment contributed to the accident.
It is important to remember that even if you bear some responsibility for the accident, you may still be entitled to compensation. Consult with a pedestrian accident lawyer to understand your rights and options in seeking a fair settlement.
What If I Am Partially to Blame for The Accident?
If you believe you hold some of the blame for your pedestrian accident, it is wise to know your rights and the steps you can take to protect yourself. Here are some important things to keep in mind:
Collect Evidence
Of course, your medical welfare comes first, so it might not be possible to gather evidence, and it is best left to an attorney. Otherwise, you can attempt to gather as much evidence as possible from the accident scene, including photographs, witness statements, and any other relevant documentation.
Do Not Admit Fault
Avoid making any statements that can be interpreted as an admission of fault. Even if you believe you may have contributed to the accident, it is best to consult with a pedestrian accident attorney before discussing your case with anyone. The worst thing to do is admit you were in any way to blame.
Contact a Pedestrian Accident Lawyer
Consulting with a pedestrian accident attorney makes great sense in these situations. They will evaluate the specifics of your case, determine the extent to which you may be at fault, and jump all the legal hurdles required. Remember, insurance companies will always look to offer a lower settlement, so any blame on you affects your potential settlement.
Why Consulting a Lawyer Will Help You
Navigating the legal process after a pedestrian accident can be overwhelming, especially when you are dealing with injuries and the emotional aftermath of the incident. That is why consulting a pedestrian accident lawyer is so important.
Here are some reasons why you can’t ignore the role of an attorney:
Legal Guidance
Pedestrian accident lawyers know personal injury law and have the knowledge and experience to handle every step of your case. They understand the laws specific to your state and can use their experience to build a strong case on your behalf.
Negotiation Skills
Insurance companies often try to settle for the lowest possible amount. A skilled pedestrian accident attorney will negotiate with the insurance company on your behalf, seeking the maximum compensation you deserve.
Access to Resources
A pedestrian accident attorney has access to a network of experts, including accident reconstruction specialists and medical professionals, who can provide valuable insights and testimony to support your case.
Protecting Your Future
Some injuries sustained in pedestrian accidents may have long-term effects that are not immediately apparent. An attorney can help ensure that your settlement considers any future medical expenses, rehabilitation costs, and lost earning potential.
What Will a Pedestrian Accident Lawyer Do For Me?
Schedule a consultation with a pedestrian accident lawyer to discuss your case. During this meeting, the attorney will assess the rudiments of your claim. They will help you understand the extent to which you can put liability on the co-offending driver.
Here are some ways pedestrian accident lawyers can help your case and also your healthy recovery:
Investigation and Gathering Evidence
Your attorney will complete a thorough investigation to gather evidence supporting your claim, breaking down all your rights and necessities. This process may include obtaining witness statements, medical records, surveillance footage, accident reports, and other relevant evidence.
Establishing Liability
Proving that the at-fault party’s negligence or recklessness led to your injuries is best left to an experienced attorney. They will work to establish liability, which can be arduous for any post-accident victim.
Calculating Damages
Your attorney will assess the damages resulting from the accident, including medical expenses, lost earnings, pain and suffering, and other related costs. Such an evaluation will help them decide what amount of compensation to chase.
Negotiations and Settlement
Your attorney will advocate on your behalf, protecting your future interests throughout the process. They can negotiate with the at-fault party’s insurance company to reach a fair settlement.
Litigation, When Needed
If a fair settlement cannot be reached through negotiations, your attorney will file a lawsuit and represent you in any trial. They will present your case, argue for your rights, and seek a favorable outcome in court. Note that most personal injury settlements happen out of court.
Call a Pedestrian Accident Attorney Today
If you are in doubt about the cost of hiring a personal injury attorney, the good news is they work on a contingency fee basis, which means they only get paid if they win your case. Get the right person in your corner for this fight, and call a pedestrian accident attorney today for a free consultation on your claim.