Were You Injured in a Pedestrian Accident?
Pedestrian accidents can result in devastating injuries and damages. In cases of negligence, victims may be able to file a personal injury claim against the driver responsible for the accident, establishing liability by proving breach of duty and causation of injuries.
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pedestrian accident Lawsuits
Pedestrian accidents can result in devastating injuries and damages. In cases of negligence, victims may be able to file a personal injury claim against the driver responsible for the accident, establishing liability by proving breach of duty and causation of injuries.
Pedestrian accidents can have devastating consequences for victims and their loved ones, leading to severe injuries, disabilities, and even wrongful death. When these accidents occur due to the negligence of another party, it is important for victims to understand their rights and options for pursuing compensation. To learn more about pedestrian accident liability and the legal process for seeking damages, call our consumer advocates today or fill out the form. We can put you in touch with an attorney who specializes in pedestrian accident claims and pursuing compensation for injured victims.Â
Pedestrian Accidents in the U.S.
Pedestrian accidents are, unfortunately, an all-too-common occurrence in the United States. According to the Governors Highway Safety Association’s (GHSA) annual report on pedestrian traffic fatalities, there were at least 7,508 pedestrian deaths in 2022, which is the highest number since 1981. The report also reveals a troubling trend of elevated rates of pedestrian deaths since 2020. Furthermore, an analysis of 2021 data shows that pedestrian deaths have risen by 77% between 2010 and 2021, compared to a 25% rise in all other traffic fatalities. These statistics highlight the urgent need for measures to improve pedestrian safety and reduce the number of pedestrian accidents in the U.S.Â
Pedestrian Accident Injuries and Fatalities
Pedestrian accidents often result in serious injuries due to the vulnerability of pedestrians and the damage that can occur when they are struck by motor vehicles. This type of impact can cause fractures, head trauma, spinal cord injuries, internal organ damage, and more. In the worst cases, these accidents can lead to fatalities, leaving families devastated by the loss of their loved ones. The following are some common types of pedestrian accident injuries:
- Fractures and broken bonesÂ
- Head and brain injuries, including concussions and traumatic brain injuriesÂ
- Spinal cord injuries, which can result in paralysisÂ
- Back and neck injuries, such as herniated discs and whiplashÂ
- Internal injuries, including organ damage and internal bleedingÂ
- Soft tissue injuries, such as sprains, strains, and contusionsÂ
- Cuts, lacerations, and bruisesÂ
- Amputations and limb lossÂ
- Psychological trauma, including post-traumatic stress disorder (PTSD)Â
- Wrongful deathÂ
Who Is at Risk for Pedestrian Accidents?
While anyone can be involved in a pedestrian accident, certain groups are more vulnerable. Children and the elderly are particularly at risk due to their limited mobility and difficulty judging traffic situations. Additionally, pedestrians who are intoxicated or distracted by electronic devices are more likely to be involved in accidents.
Where Do Pedestrian Accidents Occur?
Pedestrian accidents can happen anywhere, but certain locations have a higher risk. Busy intersections, crosswalks, and areas with heavy traffic are common sites for pedestrian accidents. Poorly designed or maintained roadways, lack of proper signage, and inadequate lighting can also contribute to the occurrence of these accidents.
Common Causes of Pedestrian Accidents
Pedestrian accidents can occur due to various factors, many of which involve driver negligence. Some common causes include:
- Distracted driving: Drivers who are texting, talking on the phone, or engaging in other distractions are more likely to overlook pedestrians.
- Impaired driving: Alcohol or drug-impaired drivers have reduced reaction times and impaired judgment, posing a significant risk to pedestrians.
- Speeding: Drivers who exceed the speed limit have less time to react to pedestrians and are more likely to cause severe injuries in the event of a collision.
- Failure to yield: Drivers who fail to yield to pedestrians in crosswalks or at intersections can cause serious accidents.
- Reckless driving: Aggressive driving behaviors such as tailgating, running red lights, and illegal passing put pedestrians at risk.
Pedestrian Accident Prevention
Preventing pedestrian accidents requires a collective effort from both drivers and pedestrians. Drivers should always remain attentive, obey speed limits, avoid distractions, and yield to pedestrians. Pedestrians, on the other hand, should use designated crosswalks, obey traffic signals, stay visible by wearing bright clothing, and avoid distractions while walking.
Who Is Liable for Pedestrian Accidents?
Determining liability in pedestrian accidents can be complex and depends on the specific circumstances of each case. Generally, the party at fault for the accident will be held liable for the injuries and damages caused. Potential parties who may be held liable include:
- Negligent drivers: If a driver’s negligence, such as distracted driving or failure to yield, directly caused the accident, they can be held liable for the pedestrian’s injuries.
- Employers: If the driver was acting within the scope of their employment at the time of the accident, their employer may also be held liable under the legal principle of vicarious liability.
- Government agencies: In cases where the accident was caused by hazardous road conditions, poor signage, or inadequate maintenance, the government agency responsible for the roadway may be held liable.
Pursuing Compensation for Pedestrian Accident Injuries
Victims of pedestrian accidents may be entitled to compensation for their injuries, medical expenses, lost wages, pain and suffering, and other damages. Pursuing compensation involves the following steps:
- Seek medical attention: It is crucial to seek immediate medical care for your injuries. Not only is this important for your health, but it also establishes a record of your injuries and their impact on your life.
- Document evidence: Collect evidence from the accident scene, including photographs, witness statements, and any available surveillance footage. This evidence will support your claim and help establish liability.
- Consult with a personal injury attorney: Working with an experienced pedestrian accident attorney is essential to navigate the legal process, gather evidence, assess damages, and negotiate with insurance companies on your behalf.
- File an insurance claim: Your attorney will assist you in filing a claim with the at-fault party’s insurance company. They will handle all communication and negotiation to maximize your chances of receiving fair compensation.
- Consider a lawsuit: If a fair settlement cannot be reached through negotiations, your attorney may recommend filing a lawsuit. This involves presenting your case in court and allowing a judge or jury to determine the appropriate compensation.
How a Pedestrian Accident Lawsuit Can Help
Filing a pedestrian accident lawsuit can provide several benefits for victims. Firstly, it allows you to hold the negligent party accountable for their actions. Additionally, it provides an opportunity to recover compensation for medical expenses, lost wages, pain and suffering, and other damages that may not be fully covered by insurance.
Who Can Sue for Damages?
In pedestrian accident cases, the injured pedestrian has the right to sue for damages. If the pedestrian is a minor, their parent or legal guardian can file the lawsuit on their behalf. In cases involving a pedestrian fatality, the surviving family members may be able to file a wrongful death lawsuit to seek compensation for their losses.
What Are the Legal Claims for a Pedestrian Accident?
Pedestrian accident victims can pursue various legal claims to seek compensation for their injuries. Some common claims include:
- Negligence: This claim asserts that the at-fault party failed to exercise reasonable care, directly causing the pedestrian’s injuries.
- Wrongful death: If a pedestrian is fatally injured in an accident, surviving family members can file a wrongful death claim against the responsible party.
- Vicarious liability: This claim holds employers responsible for the negligent actions of their employees if the accident occurred within the course of their employment.
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Pedestrian accidents can have life-altering consequences, but victims have legal options to pursue compensation for their injuries and hold negligent parties accountable. By understanding the causes, prevention strategies, liability, and legal process involved in pedestrian accidents, victims can make informed decisions and seek the justice they deserve. When seeking compensation for pedestrian accident injuries, it is crucial to find an experienced personal injury attorney who specializes in pedestrian accidents. If you or a loved one has been injured in a pedestrian accident, consult with a knowledgeable personal injury attorney to assess your case and explore your legal options. Look for an attorney with a track record of successful cases, knowledge of local laws, and a compassionate approach to client representation. A skilled attorney will guide you through the legal process, protect your rights, and work diligently to maximize your compensation.Â
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