Pedestrian Accidents

Pedestrian Accidents

The results of pedestrian accidents are often life-threatening, with common outcomes being a permanent disability, dismemberment, and fatality. Rates are higher for low-income areas and also older pedestrians. It’s important for pedestrians to know their rights and what to do if an accident ever happens.

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Types of Pedestrian Accidents

Accident results vary, but the impact correlates with the speed the car is traveling. The higher the speed, the higher risk of permanent injuries, and fatalities. The physical outcome of a pedestrian from an accident typically results in:

• Brain injuries
• Spinal injuries
• Dismemberment of limbs
• Broken bones
• Paraplegic
• Impaired organs from blunt force trauma
• Death

Causes of Pedestrian Accidents

The usual person at fault is the driver. Most likely they were not separately the vehicle responsibly, which resulted in the accident. Common driver negligence could be:

Distractions

Anything from a driver’s cellphone to eating to digging for something could take their eyes off the road. Sometimes it could be that there are passengers distracting drivers also.

Drivers Falling Asleep at the Wheel

Whether commuting from work, driving a far distance, or under the influence, falling asleep at wheel is deadly for the driver and anyone in their path.

Ignoring Any Signs or Signals

Driving through a stop sign or running a red light can heighten risks for hitting pedestrians and other drivers. Failing to yield is a common infraction that leads to pedestrian accidents. Drivers are typically not having caution in pedestrian areas.

DUI/DWI

All too many times a driver gets behind the wheel intoxicated and drives recklessly. Whether swerving out of lanes or running off the road, it results in the injuries or death of others if hit by the car.

Under the Influence of Drugs

Drivers taking drugs causes impaired driving due to their impaired state. They could become incoherent and cause the risks of incidents to skyrocket.

Rageful and Reckless Driving

Excessive speeding and other driving violations can cause incidents on the road. Reckless driving speeds are about 20 mph or more above the legal speeding limit. Hitting a pedestrian at these speeds is likely to be severe or fatal.

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Other Causes of Pedestrian Accidents

Poor Infrastructure

If a city fails to keep up with the conditions of the roads, streets, and highways, then the drivers will be impacted. Potholes, temporary fixes in the roads, and not resurfacing streets for a long time can all cause accidents.

Defective Cars

The car may have a bad part that’s defective that alters the ability to fully controlling the car. Faulty brakes, a pedal that got stuck, or even bad tires can cause a driver to hit a pedestrian.

Liability

With the different causes of pedestrian accidents, those found liable can be the:

• Driver
• Passengers (if they distracted the driver)
• Manufacturers of the car or car parts
• Owners of infrastructure whether the city or private owners

The vehicle owner is also liable if they negligently let an incompetent driver operate their car.

Pedestrian Rights

Right of Way

There are some areas where pedestrians have the right of way and drivers must yield to them. Crosswalks and sidewalks are typically where pedestrians have the right of way. However, pedestrians must yield to drivers when crossing roads in areas outside of crosswalks.

Positioning

When walking on sidewalks and crosswalks, pedestrians should use the right side of the walkway so other pedestrians can walk in each direction.

What to Do in the Event of an Accident

Immediate Action

Upon getting an injury, seek medical attention immediately. The faster you are diagnosed and receive treatment, the lesser chance an injury can be looked at as minor or caused by pre-existing conditions.

Request that law enforcement arrives at the scene of the incident. A copy of the police report can be included with other medical evidence you have to file a claim.

The Right Attorney

Find the right lawyer when filing a personal injury claim. It’s not just about hiring a lawyer that practices personal injury, but one that has had pedestrian accident cases before.

Keep Distant From the Defendant’s Insurance Company

The insurance company will try to find the opportunity to gain an advantage in the claim. It is important to know the ways insurance companies will try to get you to compromise your claim. They will try to do the following after receiving notice of your claim:

• Drag out compensation to the injured party
• Request recorded statements
• Settle the case prematurely in an attempt to keep costs low
• Challenging the severity of the injury
• Shifting blame to the injured party

They try to use what they can to turn the claim in their favor if they can find a way to dispute the claim. Refrain from communicating with them and the driver during the claim process.

Settlement or Trial

After filing the claim, there will be a decision to reach a settlement or go to trial. If the injured party does not agree with the settlement offer, the case can go trial and the court can determine the amount.

Compensation

Include all associated costs when filing your claim. There are plenty of damages to claim that directly relates to the injury:

• Living expenses
• Loss of income
• Medical expenses
• Pain and suffering
• Physical therapy and rehabilitation
• Adaptive equipment
• Loss of consortium (spouse claim)

Nobody should have to risk their lives just from crossing a street. In the unfortunate event, that a driver hits you or your loved one, contact Oliveira Law where we specialize in these personal injury cases.

Contact Us Now
[email protected]
212-300-7174
Schedule a Free Consultation!