Almost 6,000 pedestrians died in traffic accidents in 2017 alone, which equates to roughly one death every 90 minutes. More than 100,000 pedestrians suffered an injury that year, too. Drivers cause most pedestrian accidents; when it happens, they should be required to pay for the injuries and damages they cause.
Learn about common causes of pedestrian accidents below. If you have questions about a case, speak to a pedestrian accident attorney near you. You may be entitled to compensation for your medical expenses, pain and suffering, lost earnings, and more.
What Causes Most Pedestrian Accidents?
Drivers must drive carefully, obey the law, and not injure others. Unfortunately, pedestrian accidents occur daily in the US, and drivers are usually the cause. The most common causes of pedestrian accidents are:
- Distracted drivers: Drivers text and talk on phones far too much, even though it is illegal in most states. Distracted driving puts other motorists and pedestrians at serious risk of injury. Did a distracted driver on a cell phone injure you? A pedestrian accident attorney can review the driver’s cell phone records and hold them accountable.
- Drunk drivers: Drivers who drink or use drugs and then drive may seriously injure or kill pedestrians. Impaired drivers often miss critical driving, such as red lights, stop signs, and crosswalks. Pedestrians should always ensure that a driver will stop as they should. Still, if the driver hits you in this situation, they are at fault and should pay for your damages.
- Impatient drivers: Pedestrians usually have the right of way around traffic, and drivers must wait for them to cross before proceeding safely. But many drivers are in a rush and don’t want to wait. Perhaps the driver just keeps driving when they see you in a crosswalk and hits you. They should be held liable in a pedestrian accident lawsuit.
- Reckless driving: Whether speeding, swerving, or tailgating, reckless driving is dangerous to everyone, including pedestrians. Driving too fast means it takes longer to slow down, which can be deadly to a pedestrian.
- Poor weather: Rain, snow, ice, and fog make driving more hazardous. Drivers are obligated to slow down when there is bad weather. If they don’t, traffic accidents are much more likely. If a driver injures you as a pedestrian in inclement weather, you can hold them liable in a lawsuit.
- Road construction: Road construction causes inconveniences and makes driving more challenging. Still, drivers must slow down and obey traffic laws in construction zones. Many serious pedestrian accidents occur in construction areas, such as construction workers being hit by passing vehicles.
- Cars making left turns: You may have the right of way in a crosswalk, but a driver turning left across your path may not pay attention. Many pedestrians suffer an injury or are killed annually by vehicles making left turns.
- Lack of sidewalks: Some roads, especially those under construction, may need sidewalks, or the sidewalks may be closed. A driver may hit a pedestrian walking in or too close to the road. It’s best not to walk near traffic if you can avoid it.
- Multi-lane roads: A road with several lanes is usually busy, and drivers must look for many things, including traffic lights, lane changes, other vehicles, and pedestrians. Their distraction can lead to serious pedestrian injuries.
If the driver engages in any of these actions and injures you, there can be severe injuries. Common pedestrian injuries include head and brain trauma, spine injuries, neck and back injuries, broken bones, dislocated joints, and road rash. Pedestrian accident injuries may be severe, so always retain a pedestrian accident lawyer to assist.
How Do You Obtain Compensation In A Pedestrian Accident Claim?
Receiving compensation in a pedestrian accident claim means proving that another party’s negligence or wrongful act injured you. You need to prove the following to obtain compensation in your claim:
- The driver owed you a duty of care: Drivers on public roads must obey traffic laws, drive safely, and not injure others with reckless driving.
- The driver violated their duty of care: For example, a driver hit you in a crosswalk when you had the right of way.
- You suffered an injury because of the breach: For example, you broke your leg and tore a knee ligament in the accident.
- You suffered losses and damages: You have thousands in medical bills, pain and suffering, and missed a month of work.
A pedestrian accident attorney has experience in proving that another party violated the injured person’s rights in the accident. Your attorney will review the accident evidence to determine if another party’s negligence injured you. Critical evidence to build a solid case to present to the insurance company or jury are:
- The police report can be helpful if the driver is cited for a traffic violation.
- Photos and videos of the accident scene, vehicles, and your injuries. The police will move the affected vehicles, so getting photographic evidence before that happens may help your case.
- Physical evidence, such as tire marks and vehicle damage.
- Expert testimony from accident reconstruction experts, if needed, to prove fault.
- Surveillance video of the accident, if available.
- Eyewitness testimony about how the accident happened.
Your pedestrian accident lawyer will hold the liable party accountable in a claim if they can prove that they violated their duty of care and injured you. They will also rely on evidence of your injuries and other losses to obtain compensation for you. For example, your lawyer will obtain copies of your medical report, bills, and lost earnings to prove your losses. They will also get statements from your doctors to prove your injuries were related to the pedestrian accident.
How To Reduce The Chances Of Being A Pedestrian Statistic
Drivers owe you a duty of care to drive safely and not injure others on the road. If a driver violates this duty and hits a pedestrian, they are liable for the victim’s medical bills, lost earnings, pain and suffering, and more.
However, there are several actions pedestrians can take to reduce the chances of being injured in an accident. Even if you don’t follow these rules, it is still possible to receive compensation in a lawsuit, though:
- Never assume the driver will yield the right of way: You’re walking in a crosswalk and have the right of way. Indeed, drivers will stop, right? Usually, but not always! Always check that drivers are slowing down and stopping before entering the crosswalk. All it takes is one driver texting a text message; you can be in the hospital for weeks.
- Use crosswalks: Most drivers watch for pedestrians at crosswalks. You can avoid becoming an accident statistic by only using crosswalks and never crossing the street when one isn’t present. However, if you are hit outside a crosswalk, still talk to a pedestrian accident attorney. You may still be able to file a personal injury lawsuit.
- Stay out of the street: You may have the legal right to walk in the street. You may even be able to obtain compensation in a claim if you are hit in the street. However, it’s best to avoid the issue and not walk in the street outside of a crosswalk.
Regardless of the details of your accident, speak to a pedestrian accident attorney if you suffered an injury in a crash. You still may be eligible for compensation, even if you think you were partially to blame.
How Much Can I Get In A Pedestrian Accident?
Every personal injury claim is different. You can receive a few thousand dollars in a pedestrian accident lawsuit. Or, you can receive millions. It all depends on the details of the case, including these factors:
- How severe your injuries are: Did you suffer a spinal cord and head injury in the pedestrian crash? It’s possible your claim can be worth six or seven figures. However, your claim will be worth less if you have cuts and scrapes. Regardless, always be checked out by a doctor after a pedestrian accident. You can be worse off than you think.
- How much medical care you need: Were you treated and released from the ER with no further medical care? Or did you need hospitalization, surgery, and rehabilitation after a severe pedestrian crash? Medical care is expensive in the US; the more you need, the higher the case value.
- How much insurance is available: Many car drivers only carry the state minimum insurance, which may be only $25,000 or $30,000 for bodily injury. Many people don’t have significant assets, so getting more than insurance money out of the case is often difficult. Your lawyer will advise if it is worth filing a lawsuit against the liable driver for more compensation.
- Questions about fault: Was the driver entirely at fault for the accident? Did they and their insurance company accept liability? If so, the case may be worth more. If they question liability and blame you, the case can be worth less.
- Whether the case is settled or goes to trial: Most pedestrian accident claims are settled out of court. It’s usually in both sides’ best interests to settle the case without a trial. Court cases are expensive and may take months. You also don’t know if you will prevail, so you can wind up with nothing. If you take the case to trial and win, you can potentially receive more compensation, but taking a settlement for a smaller amount is a sure thing.
- Your attorney’s skill and experience: Personal injury is a specific type of law. You should only retain a pedestrian accident attorney for your case. An experienced pedestrian accident lawyer can extract as much money as possible from the insurance company. They also can threaten a lawsuit if the insurance company doesn’t pay enough. Hiring a pedestrian accident lawyer with many successful settlements and jury verdicts is best. That way, you know you have the best chance of a fair outcome, regardless of the case’s direction.
The ideal way to understand your case’s potential value is to speak to a pedestrian accident attorney. They can review your case for free and provide an approximate value of the claim’s worth.
What If I Don’t Get Compensation In My Pedestrian Accident?
A contingency agreement pays your attorney. This means they will be paid part of your award or settlement – usually between 25 percent and 40 percent. You don’t pay any legal fees if your case doesn’t result in compensation. That is why personal injury attorneys are highly selective in the cases they take. No reputable pedestrian accident lawyer will take a case with little chance of recovering compensation.
If a pedestrian accident attorney takes your case, your case will likely result in some type of compensation. But it isn’t guaranteed. Talk to your attorney about what the case is worth, what a settlement might look like, and how much it might be worth if it goes to court.
Do I Always Need A Pedestrian Accident Attorney?
If a car hit you as a pedestrian and you have injuries, you should at least talk to a personal injury attorney. There is a good chance you suffered an injury and can be worse off than you think. Pedestrians aren’t protected by a vehicle, and injuries can be devastating and expensive to treat.
You don’t need an attorney in a car or pedestrian accident unless you aren’t injured. However, how do you know this for certain in the first few minutes after a pedestrian accident? You should go to the doctor and be looked over. If you are not hurt, you may not need a lawyer. Most pedestrian accidents cause injuries, so an attorney is necessary for the best-case outcome.
Speak To A Pedestrian Accident Attorney Today
A car hitting a pedestrian can cause devastating injuries. If the driver was at fault, you can be compensated for your injuries and losses. A personal injury attorney can review your case today for free. Talk to a pedestrian accident attorney today in your area to learn if you have a case.
