If you have been hit by a car when walking, you likely suffered serious injury. You may even have lost a loved one in a pedestrian accident. Motor vehicles of every type are required to yield to pedestrians, and when one of these accidents occurs, it is likely the fault of the driver. If you have suffered a serious injury or lost a loved one, you may be able to get compensation for your loss with a pedestrian accident lawsuit.
To talk to an experienced pedestrian accident lawyer, please contact AccidentAttorneys.org.
Negligent Driving Causes Many Pedestrian Accidents
Drivers are supposed to yield to pedestrians. When they fail to do so and a pedestrian accident occurs, the driver may be held responsible. Common driver actions that lead to accidents include:
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Not stopping before the crosswalk
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Turning through the crosswalk
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Running a light or stop sign
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Failure to notice pedestrian
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Distracted driving
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Driving on the sidewalk
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Reversing or parking
- Speeding
In these cases, the car driver may be made to pay all or most of the cost of an accident. However, if a pedestrian is partly responsible for an accident because they rushed into traffic or came out from an unexpected location, they may not be able to recover compensation or may get reduced compensation.
Common Pedestrian Accident Injuries
Pedestrian accidents typically result in severe injuries. These often include:
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Organ damage
The type of injuries caused depend on the size of the car because the configuration of the bumpers may dramatically change how energy is transferred to the pedestrian. Injuries also depend on the speed of the car, the maneuver it is performing, and whether the driver attempted to avoid hitting the pedestrian.
Compensation Available in Pedestrian Accidents
If you have been hit by a car, you may be able to get compensation for:
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Lost wages and diminished earning ability
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Medical bills, including expected medical bills
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Pain and suffering
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Diminished quality of life
The type and amount of compensation that may be available in your case depend on the circumstances in your case.
Compensation may also be impacted by the quality of lawyer you hire for your case. Lawyers with experience in pedestrian accidents may be able to get you better compensation.
To talk to a local pedestrian accident lawyer, please contact AccidentAttorneys.org today.
Pedestrian Accidents Frequently Asked Questions
I Have Heard That in Car vs Pedestrian Accidents, the Driver Automatically Considered to be at Fault. Is That True?
No. If you were hit by a negligent driver, you will have to prove it. Driver negligence is the most common cause of pedestrian accidents, but not always the cause. In some cases, a defective vehicle or a roadway defect such as a poorly designed intersection or malfunctioning traffic signal was to blame or contributed to the accident. And, sometimes pedestrians are at fault or partly to blame.
What if I Was Injured in a Hit and Run Accident?
Hit and run pedestrian accidents are not uncommon. You may still be able to recover compensation for your injuries. In many cases the driver can be identified and located. An experienced pedestrian accident attorney will thoroughly investigate your accident and may be able to find the driver even if law enforcement has given up on your case.
If the driver cannot be identified or located, or if the driver was uninsured, you may be able recover compensation from your own insurance company or a family member’s insurance company if you were covered by uninsured motorist (UM) coverage.
It may also turn out that someone other than the driver was responsible for your accident. If a roadway defect caused or contributed to your accident or injuries, you will seek compensation from the government agency or another party responsible for design, construction and/or maintenance of the roadway. Similarly, if a defective vehicle was involved, you would seek compensation from the auto maker or seller, part maker or seller, or another party along the supply chain.
What if I was Hit in a Parking Lot or Structure?
If your accident occurred in a parking lot or parking structure, premise liability may be involved, and the owner of the property or business may be held liable. This includes pedestrian accidents resulting from dangerous conditions such as:
- Dangerous parking lot design
- Inadequate lighting
- Improperly marked crosswalk
- Inadequate snow and ice removal
Can I Sue for My Injuries if I was Hit in an Area Where Pedestrians Should Not be Present?
That depends on the circumstances. Sometimes we wind up in places we never intended to be. For instance, if you break down on the freeway, or are pulled over by law enforcement, you may have no choice but to get out of your vehicle. Drivers have a duty to use caution when passing a vehicle pulled over by the side of the road, and you may have a very good case against a negligent driver or the party who caused you to be in that dangerous position, or both. On the other hand, if you dash across the freeway on a dare or simply choose to cross in an inappropriate location, you will likely be found at fault for your accident.
Find an accident attorney in your area if you or someone you know has been involved in a pedestrian accident.
