Introduction
Pedestrian accidents are one of the most shattering collisions as they leave the pedestrian seriously injured. The injuries range from broken bones, brain injuries to internal injuries such as bleeding. In most cases, the victims are left for the dead after the accidents without the other party taking any action. Hence, several law firms have come up with departments that help fight for pedestrians’ rights. They usually offer at least one pedestrian accident lawyer.
Pedestrians have the right to take legal action against those who caused the accidents to be compensated for the damages and to be helped take care of the hospital bills. The states’ law indicates that every pedestrian is obligated to obey the pedestrian rights to protect themselves from accidents. In addition, drivers are supposed to follow the pedestrians’ law and find the right way to evade an accident when it is necessary. Despite the amounts of pedestrians, it is surprising to see that the number of killed pedestrians aren’t as many as other accident types.
What are the common causes of pedestrian accidents?
In most cases, when a pedestrian is involved in an accident, the accident is most likely unavoidable. The accidents occur when either or both parties neglect to obey the laws put in place. Some of the frequent causes of pedestrian accidents include;
- Distracted drivers : a driver may not be paying attention to what is going on in the road. They may be fiddling with the radio to turn on their best channels, eating food, or even operating the GPS device. Such activities require attention; hence, they diver the drivers’ attention from the road leading to an accident.
- Texting while driving: The land law clearly states that a driver should stay off the phone while going. However, many drivers ignore this law and end up texting which diverts their attention from the road as they believe to be pro drivers leading to serious road accidents.
- Reversing without first looking if the road is clear : Parking lots are mostly filled with people crossing. When reversing, most drivers pay attention to operating the vehicle rather than watching if the road is safe for reversing, resulting in pedestrian accidents.
- Red-light running through a stop sign : The street lights may give wrong signals, leading to confusion between the drivers and the pedestrians, resulting in accidents.
Over speeding in busy streets such as a school zone or crosswalk. A pedestrian accident occurs mainly when the drivers are speeding as they do not have enough time to slow down when they notice a pedestrian crossing the road. - Driving too closely to the sidewalk : A driver may try to evade traffic jams and drive too close to the sidewalk, leading to pedestrian accidents.
- Using the road while intoxicated : The dangers of driving while under the influence of drug substances have been publicized over the years. Despite the publication, drivers still drive while intoxicated in the name of they are not too drunk. Any alcohol intake impairs ones’ judgment and the ability to see the road leading to pedestrian accidents.
- Children running into the road : Children are naturally playful being helps they may run into the street while chasing each other, leading to an accident.
- Unsafe crossing on a busy road : Some pedestrians ignore the traffic lights and feel the need to cross the road without waiting for the safety light because they are busy, leading to accidents.
Who should be liable for pedestrian accidents?
The person to blame for an accident depends on who is on the wrong side of the law. However, in most cases, the drivers take the responsibility to provide the victim with financial recovery. Getting the person responsible for the accident to take up the responsibility of compensation can be difficult, and that’s where the pedestrian accident lawyer comes in to help amicably settle the matter.
The lawyers help the pedestrians build a strong case against the drivers or any other party based on the facts present on the table. Here is a list of persons who may be liable for pedestrian accidents.
- A driver: the drivers may not be keen on the road and maybe indulging in other activities such as texting while driving, drunk driving, speeding, failing to follow the right of way, leading to collision with the pedestrians. In such circumstances, the driver’s auto insurance company becomes liable for the accidents.
- Company: many companies hire drivers to drive the company vehicles on running daily errands. If such a car driver is involved in an accident, the company becomes liable and must take the necessary steps to compensate the victim.
- City: however minor, in some instances, the city may be liable to pedestrian accidents when the accident resulted from the defective sidewalk, crosswalks, or street signals. It is the city’s place to recognize such an issue and take the necessary steps to correct the defect.
When should a victim look for a pedestrian accident lawyer?
A pedestrian should look for a pedestrian lawyer when involved in an accident. Pedestrian accidents occur daily on the roads. When a pedestrian is involved in an accident, they should first seek medical attention by calling the emergency medical help.
After a complete medical examination is conducted, they should call the police to investigate the root cause of the accident. In addition, make sure to gather full details of the driver, such as their name, address, driving license number, and insurance number, before they flea the accident site.
The driver could deny the charges against him; hence it is advised to have the police prepare an official report indicating the occurrence of the accident. Contact a lawyer to represent you in the case to avoid being exploited by opponents in the court of law.
Filing for a lawsuit on your own can be highly complicated; hence the pedestrian accident lawyer helps to advise you on the necessary steps to take to receive compensation that you rightfully deserve.
It is important to note that you did not do anything wrong, so you should not have to pay for someone else mistake. Get the compensation you deserve to cater for the medical bills and the days spent at home without doing anything waiting for recovery.
When searching for a representative on the accident case, pick a lawyer with vast experience in preparing and representing pedestrian accident cases. An experienced lawyer increases the chances of receiving a reasonable settlement that includes all the dames caused by accident.
How does the pedestrian accident lawyer help?
As a pedestrian, you should be able to cross the road without the fear of being hit by a car. It is your right to be safe on any part of the road as long as you adhere to the traffic rules. Unfortunately, the accidents do happen when it is least expected, and the pedestrians sustain injuries.
Whenever you experience an accident or your loved one is involved in an accident, take the necessary steps to seek medical attention and report it to the police. Contact a law firm in sort for justice where you will get a representative lawyer to the accident to seek for settlement.
Dealing with medical bills calls from the insurance company and police reports can be overwhelming to deal with after a traumatic experience and obtaining severe injuries. Seeking proper representation helps to offload the burden off your back and focus on the healing process.
A pedestrian accident lawyer is trained personnel that helps victims in an accident to be compensated. The lawyer performs various tasks such as
- Thoroughly investigating the accident to determine the fault and prove liability
- Reviewing the accident report for essential details
- Interviewing witnesses if need be
- Negotiating with the insurance companies directly
- Filing a lawsuit on the victim’s behalf
- Taking other legal actions if need be.
- Advice the victim on the necessary steps to take after the accident
If the insurance company tries to contact you after the accident, be sure to politely inform them that you were involved in the accident and have a lawyer to represent you. Answering any questions posed by the insurance company about the accident could be used against you as their main goal is to pay as little as possible to the accident victims.
How much does it cost to appoint a pedestrian accident lawyer?
The lawyer charged a reasonable amount depending on the case and its complications. According to research, victims who hire a lawyer receive an average of 3.5 times more in settlements than those who prefer to handle the case individually, making the lawyer’s fee more realistic.
The pedestrian accident lawyer fees vary depending on the law firm you work with for the settlement process. In addition, the cost also depends on your agreement with your representative.
What Is The Initial Cost Of Hire?
The debate on pedestrian accident lawyer fees has been going on for some time. Most victims believe that it is an added expense as they already have medical bills to think of. Nonetheless, most of these lawyers work on a contingency fee basis. Therefore, no initial cost is needed, and payment is made after a case is won.
The lawyers let you deal with the healing process as they take care of the settlement. Their payment is later processed after all the proceedings and an agreement are reached.
When you need to hire a an attorney, then you need to do this no matter what kind of accident lawyer you need to hire, the principal is still the same.
Settlement Outcomes
Every year, about 76,000 pedestrian accidents occur, and only fifty percent of those involved in accidents take legal action for compensation. A nighty percentage of those cases that make it to court end up with a settlement and only ten percent of the cases are denied without any compensation. In most cases, when the cases are dismissed without settlement, the where the pedestrian is found on the wrong. However, in such a case, a pedestrian may decide to withdraw from the court and consensus with clients on settling the matter outside court.
The settlement, in most cases, covers several damages that resulted from the accident. The damages available from the accident case depend on the extent of the injuries and the losses incurred. It covers the past and future dames, which include;
- Counseling
- Hospital bills
- Physical therapy
- Ongoing medical treatment
- Lost wages
- Disability cost
- Pain and suffering
- Death damages
- Punitive damages
- Expenses from the pocket
How To Have A Successful Settlement
Any legal process requires facts that took place. Pedestrians involved in an accident should give their representative lawyers maximum cooperation to speed up and help build a strong case. They should provide factual information and any necessary detail that may not have been captured on the official report. If any picture was taken, it should be presented to the lawyer before the hearing day to prevent surprises that may cost their cases.
Every pedestrian who is a victim of an accident deserves to be compensated for the damages caused by the accident. An accident victim should seek representation from a pedestrian accident lawyer to prevent them from being exploited by the insurance companies.
