Pedestrian Accident Lawyer: What They Do & How They Help

If you've been involved in a pedestrian accident, understanding your legal rights and options is crucial. Navigating the aftermath of such an incident can be overwhelming, and that's where a pedestrian accident lawyer comes in. This guide will walk you through the key aspects of pedestrian accident claims, helping you understand how to protect yourself and seek the compensation you deserve.

Understanding Pedestrian Accidents

Pedestrian accidents can result in severe injuries, given the vulnerability of pedestrians when struck by vehicles. These incidents often lead to significant medical expenses, lost wages, and emotional distress. As a pedestrian, you have the right to safety and to seek justice if you've been harmed due to someone else's negligence. In the chaotic aftermath of a pedestrian accident, it's vital to understand the common causes, typical injuries, and legal framework surrounding these incidents. Recognizing these aspects will empower you to take appropriate steps to protect your rights and well-being. Let's dive into the details.

Common Causes of Pedestrian Accidents

Pedestrian accidents occur due to a variety of factors, most of which involve negligence on the part of drivers. Some of the most common causes include:

• Distracted Driving: Drivers who are texting, talking on the phone, or otherwise distracted are less aware of their surroundings and more likely to hit a pedestrian.
• Drunk Driving: Driving under the influence of alcohol or drugs significantly impairs judgment and reaction time, making accidents far more likely.
• Speeding: Drivers exceeding the speed limit have less time to react to pedestrians, and the impact can be far more severe.
• Failure to Yield: Drivers failing to yield the right of way at crosswalks or intersections are a frequent cause of pedestrian accidents.
• Poor Visibility: Low light conditions, weather, and obstructions can make it difficult for drivers to see pedestrians.
• Aggressive Driving: Actions like running red lights or stop signs, and generally reckless behavior behind the wheel, put pedestrians at serious risk.

Understanding these common causes helps to illustrate the various ways in which accidents can occur and highlights the importance of driver awareness and adherence to traffic laws. By being aware of these factors, pedestrians can also take extra precautions to protect themselves, such as being more vigilant at intersections and making eye contact with drivers before crossing streets. Remember, the key to preventing pedestrian accidents lies in a combination of responsible driving and pedestrian awareness.

Common Injuries in Pedestrian Accidents

The human body is incredibly vulnerable when struck by a vehicle, which is why pedestrian accidents often result in severe and life-altering injuries. The severity of these injuries can vary widely depending on factors like the speed of the vehicle, the size and weight of the vehicle, and the pedestrian's physical condition at the time of the accident. However, some injuries are more common than others in these types of incidents. Here are some of the common injuries sustained in pedestrian accidents:

• Head Injuries: Traumatic brain injuries (TBIs), concussions, and skull fractures are frequent outcomes due to the direct impact of a vehicle or the pedestrian hitting the ground. These injuries can lead to long-term cognitive and neurological issues.
• Spinal Cord Injuries: Damage to the spinal cord can result in paralysis, loss of sensation, and other neurological problems. The impact from a vehicle can cause fractures or dislocations of the vertebrae, leading to severe spinal cord trauma.
• Broken Bones: Fractures are extremely common in pedestrian accidents, particularly in the legs, arms, hips, and ribs. The force of the impact can easily break bones, leading to significant pain, mobility issues, and the need for extensive medical treatment.
• Internal Injuries: Damage to internal organs, such as the liver, kidneys, and spleen, can occur due to the crushing force of the vehicle or blunt trauma. Internal bleeding can be life-threatening and often requires emergency surgery.
• Soft Tissue Injuries: Sprains, strains, and contusions are also common, though they may sometimes be overshadowed by more severe injuries. These injuries can still cause considerable pain and discomfort, limiting mobility and impacting quality of life.
• Amputations: In the most severe cases, limbs may be crushed or severed upon impact, resulting in amputation. This can have a devastating impact on the pedestrian's life, requiring extensive rehabilitation and lifelong adjustments.

Understanding the range of potential injuries underscores the importance of seeking immediate medical attention after a pedestrian accident. Proper diagnosis and treatment are essential not only for physical recovery but also for documenting the extent of the injuries for any potential legal claims. Remember, the physical and emotional toll of these injuries can be immense, making it crucial to seek comprehensive care and support.

Legal Framework Surrounding Pedestrian Accidents

The legal framework surrounding pedestrian accidents is designed to protect the rights of pedestrians and ensure that those responsible for causing harm are held accountable. This framework encompasses various laws and regulations that govern pedestrian safety and driver conduct. Understanding these legal principles is crucial for anyone involved in a pedestrian accident, as it helps to navigate the claims process and seek fair compensation. Let's explore the key aspects of this legal landscape.

• Duty of Care: Drivers have a legal duty of care to operate their vehicles safely and to be aware of pedestrians. This means they must follow traffic laws, maintain their vehicles, and avoid actions that could endanger others. Pedestrians also have a responsibility to exercise reasonable care for their safety, such as using crosswalks and obeying traffic signals. However, drivers generally bear a higher degree of responsibility due to the potential harm their vehicles can cause.
• Negligence: Most pedestrian accident claims are based on the legal concept of negligence. To prove negligence, you must show that the driver had a duty of care, breached that duty (e.g., by speeding or distracted driving), the breach caused the accident, and you suffered damages as a result. Evidence such as police reports, witness statements, and accident scene photos can be crucial in establishing negligence.
• Comparative Negligence: In many jurisdictions, the principle of comparative negligence applies. This means that if the pedestrian is partially at fault for the accident, they may still be able to recover damages, but their compensation will be reduced by their percentage of fault. For example, if a pedestrian is found to be 20% at fault for crossing against a light, their compensation may be reduced by 20%.
• Statute of Limitations: Every state has a statute of limitations, which sets a deadline for filing a lawsuit. In most jurisdictions, the statute of limitations for personal injury claims, including pedestrian accidents, is typically one to three years from the date of the accident. Missing this deadline can bar you from pursuing a claim, so it’s crucial to act promptly.
• Insurance Claims: Most pedestrian accident claims involve dealing with insurance companies. The at-fault driver's insurance company is typically responsible for covering damages. However, dealing with insurers can be complex, as they may try to minimize payouts. Having a pedestrian accident lawyer can help you negotiate effectively and protect your rights.
• Damages: If you are injured in a pedestrian accident due to someone else's negligence, you may be entitled to various types of damages. These can include medical expenses (past and future), lost wages, pain and suffering, property damage, and in some cases, punitive damages. Calculating the full extent of your damages often requires expert legal and financial analysis.

Navigating this legal framework can be challenging, especially while recovering from injuries. Seeking legal counsel from a qualified pedestrian accident lawyer can provide invaluable assistance in understanding your rights, building a strong case, and pursuing the compensation you deserve. Remember, time is of the essence, so consulting with an attorney as soon as possible is crucial to protecting your interests.

What a Pedestrian Accident Lawyer Can Do for You

After a pedestrian accident, you might be wondering,