Pedestrian Accident Lawyers
What should I do if I’ve been hurt in a pedestrian accident?
The police should be immediately contacted so an investigation can be initiated promptly. If possible, try to obtain the name and address of the owners and operators of the vehicles involved and the name of their insurance carriers. Try to identify potential witnesses and write a recollection of what happened in as much detail possible, as soon as you can.
Should I retain a lawyer?
In pedestrian accident cases, it is almost always advisable to at least consult with an experienced personal injury lawyer soon after the accident.
Although every state has "statutes of limitations”, or time limits by which you must file a lawsuit, some as short as a year from the time of the accident, you should not wait to consult with an attorney. The longer you wait, the more difficult it will be for the attorney to reconstruct the accident and determine who shares responsibility.
What if I am partially at fault?
Depending on the state in which the accident took place, your eventual compensation may be reduced proportionally by the degree you are held to have been at fault. For more on this, please read comparative vs. contributory negligence.
Do car drivers have a special duty to avoid pedestrians?
Under the law, operators of vehicles and pedestrians are all responsible to exercise ordinary care on our roadways. But since drivers of vehicles can inflict death or injury, the amount of care required of them is greater.
For one, drivers are responsible for keeping their vehicles under sufficient control to avoid injuries to pedestrians. The presence of children, for example, should alert a driver to exercise additional care. Motor vehicle drivers must anticipate a degree of impulsiveness and thoughtlessness on the part of children.
Pedestrians, however, have a duty to obey traffic laws, including the use of pedestrian crosswalks, and to reasonably observe traffic conditions. Pedestrians should obviously not attempt to cross a street if they are aware of approaching traffic.
What if the motorist is uninsured?
Even as a pedestrian, your own automobile insurance may compensate you for your injuries. You may also opt to file a lawsuit to recover damages from the driver directly. Your attorney may also provide you with additional options.
Can I sue someone other than the driver of the motor vehicle?
If other parties contributed to the cause of the accident, you may file a claim against them. If, for example, a repair shop recently repaired the brakes of the motor vehicle involved, and it can be shown that a brake malfunction contributed to the cause of the accident, the repair shop may be held liable.
What damages can be recovered in a pedestrian accident case?
In a pedestrian accident resulting in serious injury or death, the following damages may be recoverable:
- Medical expenses
- The cost of future medical care
- Current and future potential wage loss
- Pain and suffering
- Emotional distress
- Loss of consortium
- In cases of grossly negligent behavior, punitive damages may be awarded
Our pedestrian accident lawyers can answer additional questions you may have with regard to your pedestrian accident or many other personal injury matters. Contact us today.
