Authoritative Guide For Pedestrian Accident Victims Seeking Legal Help
Pedestrian Accident Lawyer
Schedule Your Free Consultation
Submit Your Information
If you are a pedestrian hit by a speeding driver, it is important to take certain steps to protect your legal rights and ensure that you receive fair compensation for your injuries and damages. We will start with the basic steps you should take and then go into further detail that will help those in pedestrian involved accidents assess their next steps.
What To Do If You Are Hit By A Car
Seek medical attention
The first and most important step for injured pedestrians involved accidents is to seek medical attention for your injuries. Even if you feel fine, it is essential to get a medical evaluation, as some injuries may not become apparent until later. Be sure to keep records of all medical treatments, including bills, receipts, and doctor's notes.
Contact the police
Call the police to the scene of the accident, even if the injuries appear to be minor. The police will create an accident report, which can be important evidence for your case.
Gather evidence at the accident scene
Collect as much evidence as possible from the accident scene, including photographs of the vehicles and the area, witness contact information, and any available video footage. This evidence can be critical in establishing liability and proving the extent of your damages.
Contact a pedestrian accident attorney
If you suffer injuries, then an experienced pedestrian accident attorney can help you navigate the legal process, negotiate with insurance companies, and build a strong case on your behalf.
A personal injury attorney can help you calculate the damages you are entitled to, negotiate medical bills, and more.
File an insurance claim
You may be able to file a claim with the at-fault driver's insurance company to receive compensation for your injuries and damages. Accident attorneys can help
you file the claim and negotiate with the insurance company to ensure that you receive fair compensation.
File a lawsuit as necessary
If a fair settlement cannot be reached, you may choose to file a complaint under personal injury law against the at-fault driver to recover damages. A pedestrian accident lawyer can help you navigate the legal system and build a strong case to maximize your chances of receiving the compensation you deserve.
It is important to act quickly after a pedestrian-car accident, as the statute of limitations for filing a claim or lawsuit varies by state. By seeking medical attention, gathering evidence, and contacting a accidents attorneys as soon as possible, you can protect your legal rights and maximize your chances of receiving fair compensation for your injuries and damages.
The Most Common Injuries Suffered By Pedestrians
Is getting hit by a car painful?
Getting hit by a car can be extremely painful and can result in serious injuries, even if the impact was not at a high speed. The level of pain can depend on the speed and force of the impact, as well as the location of the impact on the body.
Pedestrians are vulnerable in car accidents as they do not have the same level of protection as drivers or passengers in a vehicle. Pedestrians can suffer injuries such as broken bones, internal injuries, traumatic brain injury, spinal cord injuries, and lacerations.
In addition to the physical pain, injury victims can also cause emotional trauma, such as fear, anxiety, and post-traumatic stress disorder (PTSD).
Lower Extremity Injuries Most Common For Pedestrians
The most common injuries for pedestrians involved in car accidents are injuries to the lower extremities, such as the legs and feet. This is because when a car strikes a pedestrian, the lower part of the body is more likely to be impacted first. The impact can cause broken bones, fractures, sprains, and other injuries to the legs and feet.
In addition to lower extremity injuries, pedestrians can also suffer significant injuries such as head injuries, including traumatic brain injury, spinal cord injuries, and internal injuries.
These injuries can be more severe and life-threatening and can require more extensive medical treatment and long-term rehabilitation.
The severity and type of injuries that a pedestrian sustains can depend on factors such as the speed and force of the impact, the age and physical condition of the pedestrian, and whether the pedestrian was struck by the front or back of the vehicle.
Severe Pedestrian Accident Injuries Arise Later
It is important to seek medical attention immediately after a pedestrian accident, even if you do not feel any pain or symptoms. Some injuries, such as internal bleeding or traumatic brain injuries, may not become apparent until later. A medical evaluation can help ensure that you receive prompt and proper treatment for significant injuries.
Pedestrian Deaths Occur With Cars Involved
Statistics on Pedestrian Crashes Involving Fatality
Pedestrian fatalities refer to deaths that occur as a result of accidents involving pedestrians and motor vehicles. According to the National Highway Traffic Safety Administration (NHTSA), in 2019, there were 6,205 pedestrian fatalities in the United States, which represents a 60% increase from 2009. This means that an average of 17 pedestrians were killed in traffic crashes every day in 2019.
These deaths can be caused by a variety of factors, including distracted or impaired driving, speeding, failing to yield to pedestrians, and other forms of driver negligence. In addition, some pedestrian fatalities occur due to unsafe pedestrian behavior, such as jaywalking or crossing the street while under the influence of drugs or alcohol.
These deaths disproportionately affect certain populations, including older adults and people of color. According to the Centers for Disease Control and Prevention (CDC), adults over the age of 65 account for around 20% of all pedestrian deaths, while people of color are more likely to be involved in pedestrian accidents.
To prevent significant injury and death from motor vehicle accident, it is important for both drivers and pedestrians to follow traffic laws and exercise caution. Pedestrians should use designated crosswalks and intersections when crossing the street and should always be aware of their surroundings. Drivers should be alert for pedestrians, especially in areas with high pedestrian traffic, and should yield to pedestrians in crosswalks.
Legal Options After a Pedestrian-Car Accident
It is important to act quickly after a pedestrian-car accident, as the statute of limitations for filing a pedestrian accident claim or personal injury lawsuit varies by state. By seeking medical attention, gathering evidence, and contacting an attorney as soon as possible, you can protect your legal rights and maximize your chances of receiving fair compensation funder bodily injury liability coverage.
How Much Compensation Can I Get In a Pedestrian Accident Lawsuit?
The amount of compensation you can receive in a pedestrian accident lawsuit depends on the specific details and circumstances of your case. The amount of compensation can vary depending on factors such as the severity of your injuries, the extent of your financial losses, and the degree of fault of the parties involved.
Some of the damages that you may be able to recover in a pedestrian accident lawsuits include:
- Medical expenses: This includes compensation for past and future medical bills, including emergency room care, hospitalization, surgery, medication, physical therapy, and rehabilitation.
- Lost income: If your injuries prevent you from working, you may be able to recover compensation for lost wages and benefits.
- Pain and suffering: You may be able to recover compensation for physical and emotional pain and suffering, such as chronic pain, disfigurement, depression, and anxiety.
- Loss of enjoyment of life: If your injuries prevent you from participating in activities that you enjoyed before the accident, you may be able to recover compensation for loss of enjoyment of life.
- Property damage: If your personal property, such as clothing, glasses, or electronic devices, was damaged in the accident, you may be able to recover compensation for the cost of repair or replacement.
- Punitive damages: In some cases, a court may award punitive damages to punish the at-fault party for particularly egregious conduct. For example, a traffic accident caused by a speeding driver who is racing through a neighborhood.
Comparative Fault For Traffic Accidents And The Injured Pedestrian In California
Pedestrians can be legally at fault for causing a crash. California follows a "pure comparative fault" system, which means that a person can still recover compensation for their injuries even if they are found to be primarily at fault for the accident. However, the amount of compensation they can receive will be reduced by the percentage of fault assigned to them. If both the driver and victim caused the pedestrian's injuries, then the vehicle drivers contributory negligence could be reduced.
Under comparative fault, the amount of compensation that the drivers involved or a pedestrian may receive for their injuries and damages is reduced by the percentage of fault that they contributed to the accident. For example, if a pedestrian was jaywalking and was struck by a driver who was speeding, a court may find that the pedestrian was 25% at fault for the accident, and the driver was 75% at fault. The pedestrian may still be entitled to receive compensation, but the compensation would be reduced by 25% to reflect their level of fault.
Jaywalking Pedestrian Accidents Happen
Jaywalking, or crossing a street outside of a designated crosswalk or intersection, can contribute to pedestrian accidents. A Jaywalking Pedestrian may put themselves in danger of being struck by a vehicle, as drivers may not expect a pedestrian to suddenly appear in the roadway outside of a designated crossing area.
Pedestrians should use the clearly marked crosswalk and look out around parked cars. However, it is important to note that in many cases, the fault for a pedestrian accident does not solely rest on the pedestrian. Drivers have a duty to exercise caution and obey traffic laws, including yielding to pedestrians in crosswalks and keeping a safe distance from pedestrians who may be walking outside of a designated crossing area.
In some cases, drivers who are distracted, impaired, or driving recklessly may be at fault for a pedestrian accident, even if the pedestrian was crossing the street outside of a designated crosswalk or intersection.
It is important for both drivers and pedestrians to exercise caution and follow road and crosswalk signal to prevent accidents. Pedestrians should always use designated crosswalks and intersections when crossing the street and should be aware of their surroundings. Drivers should be alert for pedestrians, especially in areas with high pedestrian traffic, and should yield to pedestrians in crosswalks.
In some cases, the at-fault party's car insurance company may offer a settlement before the case goes to trial. The amount of the settlement will depend on the specific circumstances of your case and the evidence presented. If you are unable to reach a fair settlement, you may choose to pursue the case in court, and a judge or jury will determine the amount of compensation you are entitled to.
Car Insurance Policy Limits Apply To Most Pedestrian Accidents
Insurance policy limits can have an impact on your recovery in a personal injury case. If the at-fault driver has insurance coverage, their insurance company will be responsible for paying for any damages or injuries resulting from the accident up to the policy limits.
If the damages or injuries resulting from the accident exceed the policy limits, the insurance company will only be responsible for paying up to the maximum policy limit amount. For example, if the at-fault driver has a policy limit of $100,000, and the damages from the accident amount to $200,000, the insurance company will only be responsible for paying up to $100,000, leaving you responsible for the remaining $100,000.
What percentage does an experienced lawyer charge
The percentage that most personal injury attorneys take for pedestrian accidents caused by a motor vehicle as a contingency fee varies, but it is typically between 33% to 40% of the total settlement or award amount.
A contingency fee means that the pedestrian accident lawyers fee is based on a percentage of the amount of compensation you receive. This fee structure allows individuals with limited financial resources to obtain legal representation without having to pay upfront costs.
The exact percentage may depend on factors such as the complexity of the case, the potential recovery amount, and the experience of the lawyer. Some personal injury attorneys may charge higher percentages for more complex cases (Up to 50%), while others may charge lower percentages for cases with smaller potential awards.
It is important to understand the contingency fee agreement before signing a contract with a Pedestrian accident lawyer. Make sure to ask questions and understand the terms of the agreement before agreeing to work with an attorney. Be aware of any additional costs or expenses that may be incurred during the legal process, as these costs may be deducted from the total award amount.
While the contingency fee can seem like a significant portion of the total award amount, having an experienced pedestrian accident lawyer who understands pedestrian accident cases on your side can help you receive a higher settlement or award amount, which can ultimately lead to a better outcome for your case.
Napolin Accident Injury Lawyer - Top Pedestrian Accident Lawyer Representation
If you are an injured pedestrian facing an insurance company, it is important to seek legal representation from an experienced personal injury lawyer who can help you protect your rights and pursue fair compensation for your injuries and damages. Here are some reasons why you should consider hiring Napolin Accident Injury Lawyer for your pedestrian accident case:
Expertise in pedestrian accident cases
Napolin Accident Injury Lawyer has extensive experience representing victims of pedestrian accidents. Our lawyers understand the unique challenges of pedestrian accidents and have the knowledge and expertise needed to build a strong case on your behalf.
Aggressive representation for a pedestrian car accident
Our lawyers are committed to fighting for the rights of our clients and pursuing maximum compensation for their injuries and damages. We are not afraid to take on insurance companies and fight for the compensation that our clients deserve.
No upfront costs, You Only Pay When We Win
We work on a contingency fee basis, which means that you will not pay anything upfront for our legal services. We only collect a fee if we win your case, which means that you can focus on your recovery without having to worry about legal fees.
Pedestrian Accident Attorneys Offering Personalized Attention
We understand that every case is unique, and we take the time to get to know our clients and their individual needs. We provide personalized attention and support throughout the legal process, and we are always available to answer any questions or concerns you may have.
Compassionate and understanding Counselor at law
We are personal injury lawyers who understand the physical, emotional, and financial toll that a pedestrian accident can take on you and your loved ones. Our lawyers are compassionate and understanding, and we are committed to helping you navigate the legal process and recover the compensation that you deserve.
If you have been involved in a pedestrian car accident, do not hesitate to contact Napolin Accident Injury Lawyer. Our pedestrian accident attorneys are here to help you protect your rights and pursue fair compensation for your injuries and damages.
Call us today for a free consultation for traffic accidents.