Walking is an excellent means of transportation and it’s often the only means of getting around some people have. Plus, it’s cost-effective, good for your health, and releases no carbon emissions into the environment. However, it comes with its own dangers, especially on congested streets. A knowledgeable pedestrian injury accident lawyer can tell you that pedestrian fatalities, sadly, are common. If you or someone you love was injured or killed in a pedestrian accident, you are well-advised to consult with an experienced and capable attorney to discuss your legal options.
How do I recover damages after a pedestrian accident?
The human body does not fare well against the forces produced by a two-ton passenger vehicle. Given the severe nature of these collisions, pedestrian accidents often result in severe, catastrophic, or fatal injuries. Victims — or in deadly cases, their family members — will probably want to seek all possible forms of restitution after a pedestrian accident.
When a pedestrian’s injuries are severe or result in a fatality, your insurance coverage may not be enough to cover your damages. Therefore, your accident injury attorney can pursue recovery from at-fault parties by filing a lawsuit. Personal injury and wrongful death lawsuits arise from accidents and often offer victims the opportunity to receive compensation for a wider variety of damages than a typical auto accident claim.
On top of the typical damage compensation for medical expenses and loss of income, further damages may be awarded for:
- Pain and suffering
- Loss of quality of life
- Lost earning potential
- Missed business opportunities
- Funeral expenses
- Loss of consortium (if a spouse was killed)
- Loss of guidance (for family members if the victim has passed away)
In order to file and win a pedestrian accident lawsuit, you will need to prove the driver of the car, truck, SUV, or other motor vehicle was negligent and at fault for the accident. You will also need to demonstrate the extent and nature of your injuries. This typically yields better results when a pedestrian accident injury lawyer advocates for you.
What actions are considered negligent in a pedestrian accident?
Pedestrian injury lawsuits rely on proof of negligence. In order for an injured pedestrian to recover a monetary award for damages, the operator of the motor vehicle must have behaved in a way that breached their duty of care. Drivers who act negligently are legally liable for the harm they cause to others. Some of the most negligent actions drivers may commit include:
- Driving while intoxicated or under the influence of drugs and alcohol
- Distracted driving
- Talking on the phone
- Texting while driving
- Driving while tired or drowsy
- Not paying attention to their surroundings (eating, playing with the thermostat or radio knobs, putting on makeup, daydreaming, etc.)
- Not yielding the right-of-way to pedestrians
- Not following the rules of the road
- Not yielding to pedestrians at crosswalks
Motor vehicle operators are not the only parties that can be responsible for a pedestrian accident. Sometimes pedestrians are negligent as well. They may fail to obey crosswalk laws, walk around distracted or staring at their phones, or walk the streets while intoxicated.
If you were a pedestrian hit by a car, a lawyer can help you get the compensation you need and deserve. Schedule a case review to find out more.