Pedestrian accidents are often caused by driver inattention and negligence.
In areas where heavy vehicle traffic interacts with foot traffic accidents can occur, commonly due to motorists failing to yield to pedestrians when they should.
Driver negligence and pedestrian injuries can be attributed to a variety of circumstances, including:
- Reckless driving
- Drunk driving (DUI)
- Lack of visibility
- Running a stop light or stop sign
- Failure to observe a crosswalk
- Failure to observe the right of way at an intersection
- Passing a bus while it is loading or unloading
Unfortunately, you are vulnerable and as a result suffer a higher amount of severe injuries and wrongful death when an accident occurs.
According to the National Highway Traffic Safety Administration (NHTSA) in 2012 approximately 4,743 pedestrians were killed and 76,000 pedestrians suffered injuries.
The 4,743 pedestrians killed accounted for 14% of all traffic fatalities that year.
Pedestrian accidents can occur if you are exercising, such as jogging along the street, walking through a crosswalk, sideswiped by a motor vehicle, struck while in a parking lot, struck while exiting a car or bus, or otherwise injured or killed by a negligent driver.
Compensation for pedestrian accidents
In pedestrian accidents you, the pedestrian who has suffered and injury, has the right to seek financial compensation.
This compensation may include:
- Past and future medical expenses
- Lost earnings and earning potential
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Loss of parental or spousal financial support
- Loss of spousal relations
- Property damage
- Incidental expenses
- Other physical, economic, and/or punitive damages
If you are involved in a pedestrian accident collecting evidence and eyewitness testimony is extremely important.
The driver involved in the accident may claim to not be at fault; however, the evidence could prove otherwise.
It is not uncommon for an accident investigator to reconstruct what happened and why it happened to further prove negligence on behalf of the driver at fault. Waiting too long to speak with a lawyer could lead to evidence being lost, witnesses disappearing, and insurance companies taking advantage of you in your vulnerable position.
Injury claims for pedestrians
Unfortunately, many accident victims attempt to resolve their claims themselves.
While it may be possible for a victim to act on their own behalf, it is generally recommended that the services of an experienced personal injury attorney be utilized.
An attorney with experience in pedestrian accident cases is more familiar with the process and can help ensure that your rights are protected and that you ultimately receive a beneficial outcome with your claim. It is important to understand that the insurance company will typically attempt to pay out as little as possible and due to the stress of the situation you may be falsely lead to believe that you will be treated fairly and compensated adequately.
However, the reality of the situation is that the insurance company will generally seek to take advantage of those who are not represented by a lawyer. It is in your best interest to have legal representation to ensure that you are not taken advantage of and that you receive the compensation that you deserve.