Being involved in a pedestrian accident can be a traumatic experience, often resulting in serious injuries and emotional distress. As pedestrians are vulnerable road users, they face significant risks when sharing the roadway with vehicles.
If you or a loved one has been injured due to another person’s negligence or recklessness, it’s essential to understand your rights and options for seeking compensation.
A skilled pedestrian accident lawyer from Rosenfeld Injury Lawyers can provide invaluable support during this challenging time by advocating for your interests and helping you navigate the legal complexities of your case.
The Role of a Pedestrian Accident Attorney
When you find yourself in the unfortunate situation of being involved in a pedestrian accident, having an experienced attorney on your side can significantly impact the outcome of your pedestrian accident case. Our pedestrian accident lawyers serve as a legal expert and advocate, guiding you through every step of the process from initial consultations to possible courtroom appearances.
Blind pedestrian hit by a garbage truck
Leg fractures after being hit by a rideshare vehicle
Intoxicated student struck by a company van
Pedestrian struck by a brick falling off a business
Policy limit settlement for an injured toddler
Pedestrian hit by a bus in a crosswalk
Legal Expertise and Advocacy
A pedestrian accident lawyer from our team brings specialized knowledge within personal injury law, particularly regarding pedestrians’ rights on roadways. Our experience handling cases like yours equips them with insights into common challenges faced during this type of personal injury claim.
By navigating this complicated situation effectively, our personal injury attorneys advocate for injury victims while ensuring that all relevant laws and regulations are observed throughout the claim process.
Investigation and Evidence Gathering
An essential role of a pedestrian accident lawyer involves conducting thorough investigations to substantiate your personal injury lawsuit. This may include reconstructing the car accident scene to understand exactly what happened at the time of the incident.
Additionally, gathering witness statements provides further context, securing surveillance footage can offer compelling evidence supporting liability claims, and reviewing police reports helps highlight key details about events leading up to or following accidents.
Building a Strong Case for Financial Recovery
Building a strong case for compensation is another crucial function of your pedestrian accident attorney. We will work diligently to identify all liable parties, whether it involves drivers, municipalities responsible for road maintenance, or other entities. To establish negligence and fault, we must demonstrate that the at-fault driver or other party failed to meet their duty of care towards you as a pedestrian.
Calculating damages also falls under your attorney’s role. This includes not only medical bills and rehabilitation costs but also lost wages if you’ve had to take time off work due to your injuries. Our personal injury attorneys consider emotional distress and pain and suffering in their assessments as well.
Negotiation and Litigation
Once the groundwork is laid out through thorough investigation and damage calculations, negotiation with the insurance company begins. A pedestrian accident lawyer understands how an insurance company operates; were aware that these companies often aim to minimize payouts or deny claims altogether.
Your personal injury lawyer will be prepared to counter tactics used by car insurance adjusters while articulating a justification for why you deserve fair compensation based on evidence collected during the investigation phase.
If negotiations fail, we can escalate matters by filing a pedestrian accident lawsuit on your behalf. Having our knowledgeable accident lawyers represent you in court ensures that procedural rules are followed and gives you the best chance of obtaining the compensation you deserve.
If you have been involved in a pedestrian accident and need legal assistance, know that our experienced accident lawyers are dedicated to advocating for your rights and securing the justice you are entitled to.
The Prevalence of Pedestrian Accidents: A Growing Concern
Pedestrian accident statistics underscore a significant and growing public safety concern.
- Pedestrian fatalities have consistently increased, surging by 68% since 2011. [1]
- 7,522 people were struck and killed while walking in 2022 alone. [1]
- The rates of pedestrian crash deaths per 100,000 people are highest for individuals aged 20 and over. [2]
- 85% of pedestrian deaths in 2022 occurred in urban areas, a significant increase from 59% in 1975. [2]
- 76% of all pedestrian fatalities occurred between 6 p.m. and 6 a.m. 26% occurred between 6 p.m. and 9 p.m., and 24% happened between 9pm and midnight. [2]
Common Causes of Pedestrian Accidents
Pedestrian accidents often occur due to a combination of driver negligence and environmental factors. Understanding the most common causes can help raise awareness and improve safety for everyone on the road. Some of the most common causes include:
Distracted Driving
Distracted driving is one of the leading causes of pedestrian accidents. This distraction can stem from various activities like looking at screens or engaging in conversations while behind the wheel, putting pedestrians at serious risk.
Cell phone use and eating while driving causes a driver to take their hands off the wheel and eyes off traffic conditions. These actions significantly reduce a driver’s ability to react quickly when encountering pedestrians, increasing the likelihood of motor vehicle accidents as a result of distracted drivers.
Impaired Driving
Impaired driving poses another major threat to pedestrian safety. When drivers are under the influence of alcohol or drugs, including prescription medications, they experience diminished judgment and slower reaction times that heighten the risks for car accidents involving pedestrians.
Drowsy driving is equally dangerous; fatigued individuals may struggle with maintaining attention on busy streets where pedestrians navigate alongside vehicles. All forms of impairment increase potential hazards for those walking near roads
Failure to Yield
Failing to yield right-of-way is a common contributor to pedestrian accidents. This often happens at crosswalks and intersections, where drivers may neglect their legal responsibility to follow traffic laws and stop for pedestrians attempting to cross the street. Such negligence can lead directly to devastating collisions.
Pedestrian accidents frequently occur in high-traffic areas like crosswalks and intersections. Drivers turning left or right may unintentionally overlook pedestrians in their blind spots or misjudge crossing distances while negotiating turns, resulting in serious injuries.
Speeding
Speeding increases both the likelihood of an accident occurring and the severity of potential injuries when one does happen. When drivers exceed speed limits—especially near schools or residential areas—their ability to stop quickly is severely compromised, leaving little time for them to react if a pedestrian steps into the road unexpectedly.
Backing Up Accidents
Backing up accidents are particularly dangerous for pedestrians, especially in parking lots or residential areas. Drivers often do not have a clear line of sight when reversing, increasing the likelihood that they will not notice pedestrians behind them. Children and older adults are especially vulnerable in these situations due to their smaller stature.
Poor Visibility
Poor visibility conditions can contribute to pedestrian accidents as well. Factors such as heavy rain, fog, or low light at dawn and dusk can hinder a driver’s ability to see pedestrians clearly.
Defective Road Design
Defective road design is another critical factor leading to pedestrian accidents. Inadequate sidewalk and poorly designed crossings without flashing traffic signals or signs alerting drivers to pedestrian presence can create hazardous environments where accidents become more likely.
Types of Pedestrian Accident Injuries
Pedestrian accidents can lead to a wide array of injuries, varying in severity and impact on the victim’s life. Understanding these types can help you recognize the potential consequences should you or someone you know be involved in such an incident. Common pedestrian accident injuries include:
Head and Brain Injuries
Head injuries are among the most severe consequences of pedestrian accidents and also one of the most common injuries. They can include concussions, skull fractures, and other trauma that may have lasting effects on cognitive functions.
Traumatic brain injuries range from mild concussions to serious conditions that alter consciousness or cognitive ability. A concussion may seem minor at first but can lead to significant long-term issues if not treated properly. Skull fractures require urgent care as they may accompany hemorrhaging or traumatic brain injury.
Spinal Cord Injuries
Injuries to the spinal cord often result from intense impacts in pedestrian accidents. Such catastrophic injuries could lead to permanent disabilities depending on their location along the spine and severity.
Spinal cord damage might cause paralysis or nerve damage affecting mobility and daily activities dramatically. Victims may experience partial loss of function in certain body parts, which can lead to a lifetime of rehab.
Broken Bones and Fractures
Broken bones are quite common in pedestrian accidents due to the significant forces involved. Fractures can happen in any area but commonly involve the legs (femur or tibia), arms (humerus or radius), and ribs. Pelvic injuries aren’t uncommon either. Each type of fracture requires specific treatment plans ranging from casts to surgical interventions for healing.
Internal Injuries
Internal injuries arise when blunt force trauma damages internal organs or vessels, often without visible injuries on the skin. This makes them particularly dangerous as they may not become evident immediately after an accident.
Injuries such as organ damage or internal bleeding require urgent medical attention since they may pose immediate life threats.
Soft Tissue Injuries
Soft tissue injuries often result from sudden impacts with vehicles and include various kinds of wounds that affect muscles and connective tissues rather than bones directly.
Sprains involve ligaments while strains pertain to muscles or tendons. Lacerations are cuts that can vary in severity and may require stitches or other medical treatments to ensure proper healing. While often overlooked, these injuries can lead to chronic pain if not managed correctly.
Psychological Trauma
Psychological effects are also common following pedestrian accidents and may manifest long after the physical wounds have healed.
Victims might experience post-traumatic stress disorder (PTSD), anxiety, or depression resulting from the traumatic event. This psychological trauma can significantly impact daily life and well-being. Therapeutic interventions may be necessary to assist individuals in coping with their emotional aftermath effectively.
Seeking Compensation Through a Pedestrian Accident Claim
When you have been involved in a pedestrian accident, pursuing compensation is vital to cover the impact of your injuries and losses. The personal injury claim process can address various types of damages.
Understanding the types of damages available can help maximize your potential compensation during the pedestrian accident claims process. The most common types of damages our personal injury lawyers can help you obtain include:
Economic Damages
Economic damages refer to quantifiable financial losses resulting from an accident-related injury.
Medical Expenses (Current and Future)
This includes all medical bills related to treatment received due to the accident – hospital stays, surgeries, rehabilitation therapies – along with anticipated future expenses like ongoing care or medications.
Lost Wages and Earning Capacity
If you’ve taken time off work due to your injuries or experience long-term impairments affecting your ability to earn income, you may claim lost wages and diminished earning capacity.
Property Damage
Property damage in a pedestrian accident refers to the destruction or impairment of personal belongings, such as clothing, electronics, or other property affected by the incident. Compensation for these damages may cover repair costs or replacement values to ensure you recover from all financial losses incurred.
Non-Economic Damages
These are more subjective and relate directly tо outcomes from the accident that can’t be defined by a monetary amount. Common types include:
Pain and Suffering
Compensation for pain іs awarded to reflect the physical pain and discomfort you experience due to your injuries.
Emotional Distress
Emotional distress damages address psychological suffering resulting from the accident, including anxiety, depression, or other mental health issues that arise post-incident. This provides relief for the emotional trauma suffered by the victim.
Loss of Enjoyment of Life
This type of compensation acknowledges any loss in your ability to enjoy daily activities or hobbies due to your injuries. Whether it’s participating in sports or spending quality time with family and friends, this accounts for life changes stemming from the accident.
Punitive Damages
In particularly egregious pedestrian accident cases involving gross negligence – such as driving under the influence – punitive damages may be awarded as a form of punishment beyond compensatory measures. These are designed to deter similar reckless behavior in the future rather than simply compensate victims.
Proving Damages
To successfully establish your damages in a pedestrian accident claim, you must gather substantial evidence that accurately reflects the extent of your losses. Proper documentation is crucial in supporting your pedestrian accident case and ensuring you recover compensation. Here are some of the most important pieces of evidence that need to be presented by your personal injury attorney:
- Medical Records: Comprehensive documentation from healthcare providers outlining diagnoses, treatment received, ongoing care needs, and prognosis helps validate both current and future medical expenses.
- Expert Testimony: Professionals such as doctors or financial analysts can provide objective opinions about the severity of pedestrian injuries or long-term impacts on earning capacity.
- Financial Documentation: Pay stubs, tax returns, or bank statements to prove lost wages and earning capacity related to the injury.
- Personal Logs/Diaries: Keeping notes detailing daily pain levels or emotional distress can illustrate the impact on quality of life over time.
- Photos/Videos: Visual evidence showing injuries immediately following an accident may strengthen claims for pain and suffering by providing concrete proof of physical harm endured.
- Witness Testimony: Witness testimony can play a crucial role in proving damages by providing firsthand accounts of how the accident has impacted your life and well-being. Their insights can illustrate the changes the injured pedestrian has experienced since the incident, offering valuable context to support your claims for compensation.
Contact Experienced Pedestrian Accident Lawyers Today!
If you or a loved one has suffered injuries in a pedestrian accident, contacting an experienced pedestrian accident lawyer is the most important step you can take. The attorneys at Rosenfeld Injury Lawyers can help you with the complexities of your pedestrian injury lawsuit, ensuring that your rights are protected and that you receive the compensation you deserve for injuries and damages.
Ultimately, taking this step can make a significant difference in securing both justice and financial relief following an unfortunate incident. Injured pedestrians should reach out to schedule a free consultation with a pedestrian accident lawyer to seek compensation and justice through a personal injury case.
Contact us through our online form or call us at (888) 424-5757.
Resources: [1] Smart Growth America, [2] IIHS