You can be seriously injured as a pedestrian if a driver hits you. Maybe you have broken bones, head trauma, internal injuries, etc. Unfortunately, it’s common for the driver and their insurance company to say you were partly to blame for your pedestrian accident. They want to blame you for your injuries, so you won’t get the full compensation you deserve.
If drivers or insurance companies are trying to unfairly blame you for your own pedestrian accident and injuries, you need immediate legal support to protect your financial interests. Talk to a pedestrian accident attorney in your community. They will review your case for free and determine if you can receive compensation in a lawsuit.
Can A Pedestrian Be Partly At Fault For An Accident?
Yes, it’s possible. There can be many potentially liable parties after a pedestrian accident. However, driver error is usually the cause of most pedestrian accidents with injuries. In most cases, the car driver doesn’t yield the right of way to a pedestrian at a crosswalk or intersection. A driver hitting a pedestrian in a crosswalk means they are negligent and should pay compensation.
Drivers are usually to blame for these accidents, but that won’t stop them or their auto insurance company from trying to blame the injury victim for their injuries.
You must prove driver negligence and fault to receive full compensation in your claim. Car drivers have a duty of care when driving on public roads to stop for pedestrians with the right of way. They also should make every effort to stop for pedestrians even if they don’t have the right of way. When they fail to do so, they should be liable.
Some of the common reasons that drivers cause pedestrian accidents are:
- Distracted driving: Many drivers aren’t paying attention to the road as they should. Drivers are often distracted by cell phone calls, texting, talking to passengers, adjusting the GPS or radio, eating and drinking, etc. A moment’s distraction while driving can make them miss a pedestrian in a crosswalk.
- Drunk driving: Driving under the influence affects judgment, concentration, and coordination.
- Speeding: Drivers are often in a hurry and may need help slowing down for pedestrians.
- Illegal left turns: Many pedestrians suffer an injury from drivers who turn left into them when making a left turn. Pedestrians in a crosswalk with the green signal illuminated always have the right of way. Drivers attempting to turn left must yield.
- Road rage: A rushed driver may get frustrated at yielding to a pedestrian and refuse to stop. However, they must yield and can be held criminally and civilly liable when they don’t.
- Vehicle defect: Sometimes, a vehicle defect or lack of maintenance can cause a pedestrian crash. For example, brake failure or lack of maintenance may make it impossible to stop before hitting the pedestrian.
Your pedestrian accident lawyer will scour the case evidence to determine the cause of the crash.
Potential Compensation In Pedestrian Accidents
You have the burden of proof to show that another party’s negligence caused the accident that injured you. If you prove negligence, you can be entitled to the following damages:
- Medical expenses: You may receive compensation for current and future medical expenses. Your pedestrian accident attorney will work with your medical team to determine your prognosis and future medical needs. You can receive compensation for future medical costs, including hospitalization, surgery, rehabilitation, home modifications, prescription drug costs, etc.
- Lost earnings: You may receive money for your lost earnings from your injuries. For a severe injury or disability, you may receive funds for lost earning ability. This money will vary based on your injuries, age, occupation, education, and other factors.
- Pain and suffering: You may receive compensation for your mental and physical pain and suffering from your pedestrian accident injuries. You also may be entitled to loss of enjoyment of life, loss of consortium, and disfigurement and scarring.
Every pedestrian accident claim will have different injuries and damages. Usually, pedestrian accident victims receive some compensation for medical expenses, lost earnings, and pain and suffering. How much depends on many factors, including the severity of your injuries.
How A Pedestrian Accident Attorney Can Help Your Case
A pedestrian accident claim can get complicated quickly. There can be several parties potentially at fault and a high amount of damages, plus several liable insurance companies. These complicating factors may make it more difficult to obtain fair compensation. However, an experienced pedestrian crash attorney will ensure the case proceeds smoothly. Here’s how:
- Secure all critical evidence from the accident scene, such as eyewitness accounts, video surveillance videos, police reports, and physical evidence, such as vehicle damages, tire marks, etc.
- Obtain your medical records to prove your injuries and prognosis. They will also speak to your medical team to understand your current and future medical needs.
- To obtain a fair settlement, work with experts to determine your total economic and non-economic losses.
- Prove liability for the pedestrian accident with a preponderance of the evidence.
- Negotiate with the insurance company to maximize your settlement. Insurance companies try to underpay injury victims, but your attorney knows their tactics and will ensure you get the most.
- Prepare your case for court, if needed. They also may help you go to mediation before the court process begins to attempt to settle before trial.
Attempting to handle these critical parts of your case without an attorney can result in much less than you deserve for your losses. Also, you should allow a seasoned pedestrian accident lawyer to handle your case. Meanwhile, you can focus on getting better and back on your feet. Most pedestrian accident victims obtain more money with the help of their attorney than they can receive on their own. Plus, they can relax and focus on improving instead of dealing with insurance and legal headaches.
Potential Pedestrian Accident Injuries
Keep in mind that many pedestrian accidents cause devastating injuries that require five, six, or even seven figures for a full physical recovery. Your attorney will fight for the most compensation for your losses. Potential injuries in pedestrian accidents include:
- Brain injuries: You can have a brain injury during a pedestrian accident when the vehicle hits you. You can slam your head on the vehicle, the ground, or another service or object. Brain injuries may be challenging to detect initially, so always go to the doctor to be looked over after the accident
- Broken bones, including the arm, leg, hip, ribs, collar bone, etc
- Crush injuries from the vehicle running over a limb or crushing it between you and the vehicle
- Soft tissue injuries, including whiplash and back sprains
- Scrapes and lacerations from the pavement
- Spinal cord injuries and broken vertebrae
- Internal organ injuries and bleeding from the impact
Almost any part of your body can be severely injured in a pedestrian accident impact, so have a doctor look you over immediately. You can have a severe injury and not know it. By not going to the doctor right away, it’s more likely that the insurance company will question your pedestrian accident injuries.
Your pedestrian accident attorney is the authority to determine what your case and injuries are worth. They have experience in valuing pedestrian accident claims and ensuring maximum compensation. For example, your attorney will speak to your doctors to understand your prognosis. That way, they can demand sufficient compensation for your future medical needs.
Who Can You Hold Liable In A Pedestrian Accident Lawsuit?
Most pedestrian accidents are caused by driver error. However, the liable party in your accident can be a variety of parties. As noted earlier, some liable parties may attempt to blame you for the accident partially, but usually, other parties are responsible, such as:
- More than one driver: One or more drivers can be responsible for hitting you as a pedestrian. Your attorney will review the accident evidence to determine if multiple drivers were responsible. For example, a commercial truck driver and a passenger vehicle driver can be responsible for the accident. Or, two car drivers can share responsibility.
- A company: If a driver was working when the accident happened, their employer may be vicariously liable for your damages. Many accidents are caused by truck drivers working at the time of the crash. The trucking company’s insurance provider can be required to cover your losses.
- A vehicle or parts manufacturer: Did a vehicle or parts defect contribute to the pedestrian accident? Your attorney may help you file a product liability lawsuit.
- The government: Was a government employee responsible for the accident? Were they working when they hit you? The state or local government can be liable.
Your pedestrian accident lawyer will carefully review the accident evidence to pinpoint who is responsible for your injuries. Then, they can hold that party liable, but in most cases, an insurance company for the defendant will pay. Employers carry larger insurance policies, so more compensation can be available if a company is responsible.
What Affects The Size Of A Pedestrian Accident Settlement?
You’re probably seriously hurt after a pedestrian crash, and you need money – now. It’s understandable to want to know what your settlement may look like. However, every pedestrian accident case differs, so your settlement amount will vary. The following factors will often affect how much your settlement is:
- How severe are your injuries? Did you injure your spinal cord? That severe injury can lead to lifetime disability so that the case value will be higher. On the other hand, if you have a sprained back and skinned knee, the case value will be lower. Your attorney will review the severity of your injuries with your doctor and estimate the case value based on their severity.
- How extensive are your medical treatments? A serious head or spine injury will likely require six or seven figures of medical care and rehabilitation. If you need extensive hospitalization and surgery, the case value rises. However, if you are treated and released from the ER, your case value will be lower.
- How much insurance is there? Is the insurance coverage for the liable party only state minimum amounts, such as $30,000? Then, you can get more than that if the person has substantial assets you can seize. However, if a truck driver injured you, much more insurance coverage can be available.
- Does the case settle or go to trial? Settlements are typically less than the full case value. You can get more compensation in a trial, but you also may get nothing.
What About Medical Costs While The Case Is Ongoing?
A common issue with pedestrian accident claims is obtaining medical care while the case has yet to settle. An experienced pedestrian accident attorney may have relationships with medical providers who will treat you on a medical lien basis. This means they’ll provide care at no initial cost to you. When the case settles, or there is a favorable verdict, your medical providers will be paid for their services. Your attorney also may help you pay less for the full services you received.
How Long Can You File a Pedestrian Accident Lawsuit?
Every state has a statute of limitations for filing a personal injury lawsuit after a pedestrian accident. Many states have a two-year statute of limitations for filing a personal injury lawsuit, meaning you have two years from the accident date. Otherwise, you miss the opportunity to file a personal injury claim and receive fair compensation. So, ensure you file your claim with your pedestrian accident attorney quickly.
Contact A Pedestrian Accident Attorney Today
A serious pedestrian accident can render you permanently disabled and unable to work. When another party causes your injuries, you should sue them for your medical bills, lost earnings, pain and suffering, and more. A pedestrian accident lawyer in your city skilled in these severe personal injury cases and may help you receive critical compensation for your recovery. Speak to a pedestrian accident attorney today for more information. You won’t have to pay for your legal expenses out of pocket. Personal injury attorneys are paid by a contingency fee from the client’s settlement or trial award.
