As a pedestrian, did you know that you have strong legal protections if an accident happens? These injuries can be quite serious and cause life-altering consequences that can impact the future. You need to know your pedestrian rights in personal injury cases so that you know the best ways to move forward with the case.
Hiring an experienced personal injury attorney is one of the best decisions that you will make to protect your legal rights. It’s possible that you can recover damages for medical costs, lost wages, and other financial impacts after the accident.
Our team at Green Law Firm is here to help every step of the way. We bring years of experience to your case and can help with all types of pedestrian accident claims, insurance settlements, negotiations, proving liability, and more. Call today for a no-obligation consultation to learn more about the legal protections that are available.
The Basics: Legal Rights of Pedestrians in Accidents
The specific laws vary depending on where the accident happened and the local jurisdictions. But as a general rule of thumb, pedestrians typically have the right of way when they are crossing the street in marked crosswalks.
So, if a pedestrian is crossing in a designated crosswalk at the appropriate time (based on traffic and crosswalk signals), then drivers are legally required to yield to allow the pedestrian to cross.
At the same time, pedestrians also hold the responsibility to follow all signals, obey traffic laws, and only cross in the right places where crosswalks are located.
Who’s at Fault? Understanding Liability in Pedestrian Accidents
One of the benefits of hiring a personal injury attorney for your pedestrian case is to gather evidence and build a case that proves liability. In order for the victim to receive compensation, it’s necessary to show who was at fault.
Evidence needs to be presented that shows who was responsible for the accident. This fault is determined based on the location of the accident, the actions of both parties, as well as the evidence that proves the circumstances.
Even if you were partially at fault, it’s possible that you might still be able to receive partial compensation for the accident. This is known as comparative negligence, and your attorney will work hard to prove as much responsibility on the other party as possible in order to maximize the compensation that you receive.
Filing a Pedestrian Accident Claim: What to Do and When
Timing matters when you are filing a pedestrian accident claim. Not only do you need to seek medical care immediately to get treatment and document your injuries, but it’s also important to reach out to a pedestrian accident lawyer as soon as possible. We are here to protect the legal rights of pedestrians and ensure that you receive support and compensation for your injuries.
Even if your injuries are minor, it is essential to get medical documentation through an examination and diagnosis. It’s possible that other injuries could develop or complications can arise, which is why it’s critical to maintain contact with your doctor and follow through with all recommended treatments.
Also, make sure that the accident is reported to the proper authorities. A police report needs to be filed with proper documentation. You can also collect evidence at the scene of the accident, including photos of the injuries, cars involved, location, and conditions. Gather names and contact information from everyone involved, as well as any witnesses who were present.
Financial Categories for Pedestrian Injury Compensation?
Working with an experienced lawyer is essential in order to maximize the compensation that is available through your settlement. Not only can insurance pay for the medical bills, but there are other financial categories that can also be negotiated in the settlement:
- Medical Bills: Doctor’s appointments, ER bills, medications, treatments, therapy, surgeries, medical equipment, and all other related medical costs.
- Lost Income: If work was missed during recovery, then the lost wages can be included in the settlement calculations.
- Pain and Suffering: It’s more difficult to quantify the emotional pain that results from a personal injury accident. But additional money can be included in the claim to help with pain and suffering.
- Future Care: If additional treatments and therapies are needed, then they need to be estimated as part of the compensation. Other compensation might cover disability-related expenses when a person is going to be impacted for the rest of their life.
Keep in mind that each case is unique, so there isn’t a cookie-cutter formula for calculating the settlement. The specific amount varies based on the severity of the injury, how much the victim’s life is impacted, and who was at fault for the accident.
Common Challenges in Pedestrian Accident Claims
Even though a pedestrian accident should be a straightforward situation, the harsh reality is that the insurance company often looks for anything that it can use to reduce the amount of money that will be paid. The insurance adjuster’s job is to try to blame the pedestrian to reduce or eliminate the compensation for the case.
Some of the common challenges that can get in the way of your insurance settlement include statements that are made to the insurance representatives. So, it’s important that you don’t talk to the insurance company without first consulting with your lawyer.
Other challenges could occur if there is a lack of clear evidence to prove that the driver was at fault. Various evidence can be used to prove fault, such as traffic camera footage, dashcams, or photos and videos from witnesses.
Your best strategy to avoid unfair denials is to make sure that you have strong legal representation. You need an attorney who has experience with pedestrian rights in personal injury cases. Find a legal team with a long history of success helping other pedestrian victims like you.
FAQs
What should I do immediately after a pedestrian accident?
The first thing you should do is call 911. Emergency services will provide the medical care that is needed, file the necessary reports, and help with documenting the scene. The next step is to call a personal injury attorney as soon as possible.
Can I still get compensation if I was partially at fault for the accident?
Yes, comparative negligence laws in many states allow victims to receive partial compensation, based on the percentage of fault that is determined through the evidence.
How long do I have to file a pedestrian accident claim?
Most states have statutes of limitations that are between 1 – 3 years after the date the accident occurred.
We’re Here to Protect Your Pedestrian Rights in Personal Injury Cases
You deserve legal protection throughout this process. Don’t admit to fault or accept any settlements without consulting with our legal team first. Contact us at Green Law Firm so that we can advocate on your behalf and help you receive the compensation you deserve: (956) 542-7000.
