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.
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:
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:
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.
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.
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.
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.
With the different causes of pedestrian accidents, those found liable can be the:
The vehicle owner is also liable if they negligently let an incompetent driver operate their car.
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.
When walking on sidewalks and crosswalks, pedestrians should use the right side of the walkway so other pedestrians can walk in each direction.
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:
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.
Include all associated costs when filing your claim. There are plenty of damages to claim that directly relates to the injury:
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.