Pedestrians are some of the most vulnerable road users and have a higher risk of injury in accidents with motor vehicles. The injuries from these cases can be devastating, life-altering, and sometimes fatal.
After a pedestrian accident, you need to know your legal remedies. We will examine some of the common injuries and focus on the potential legal pathways you can pursue to hold the responsible parties accountable and seek compensation for your physical, emotional, and financial losses. connect with a pedestrian accident lawyer for legal guidance.
Common Injuries Resulting from a Pedestrian Accident
Pedestrian accidents can have devastating consequences.
The injuries usually depend on the circumstances of the accident, but the following are some of the common ones:
- Traumatic brain injuries.
- Spinal cord injuries.
- Internal organ injuries.
- Broken bones.
- Soft tissue injuries.
- Lacerations and contusions.
- Psychological and emotional trauma.
- Death.
These injuries can come with extensive medical bills that financially hurt the victim and their loved ones. After a pedestrian accident, consider discussing your accident with an experienced pedestrian accident attorney. These legal professionals can review the harm you suffered and help you get compensation.
Legal Remedies Following a Pedestrian Accident
If the negligence of another party, such as a motorist, injures a pedestrian, they may seek compensation for their losses. A lawyer can explain the available legal pathways and seek experienced legal counsel to handle your case.
Some potential legal remedies include:
- Negligence claims.
- Car accident insurance claims.
- Personal injury lawsuits.
- Wrongful death claims.
- Premises liability claims.
An experienced pedestrian accident attorney can evaluate your case, explain your legal options, and work to secure the compensation and justice you deserve.
Duty of Care and Motorist Responsibilities
Motorists have a legal obligation to exercise reasonable care while operating their vehicles, with the understanding that they could hurt others on the road, including pedestrians, if they fail to do so. This duty of care encompasses several responsibilities to prevent accidents and avoid causing harm to others.
Some examples of motorist responsibilities include:
- Following traffic signals and signs.
- Watching for pedestrians in crosswalks and at intersections.
- Yielding the right of way to pedestrians.
- Adhering to posted speed limits.
- Adjusting their speed based on road conditions, traffic flow, and other factors.
- Not driving under the influence of drugs or alcohol.
- Avoiding distractions while driving, such as texting.
When a motorist fails to exercise reasonable care and injures a pedestrian, they can hold the motorist liable for any resulting damages. The consequences of failing to exercise reasonable care can include financial liability for the injured pedestrian’s medical expenses and lost income, as well as criminal penalties, depending on the nature and severity of the driver’s actions.
Establishing Negligence and Liability
To recover damages in a pedestrian accident case, it is necessary to prove that the motorist’s negligence directly caused the injury.
Negligence is a legal concept comprising four key elements:
- Duty of care: Motorists have a legal duty to exercise reasonable care while operating their vehicles to avoid causing harm to others on the road.
- Breach of duty: The motorist’s actions or inactions breached their duty of care. You can prove this with evidence of the motorist’s irresponsible behavior, such as speeding, texting while driving, or running a red light.
- Causation: The motorist’s breach of duty was the direct cause of a pedestrian’s accident. To demonstrate causation, the victim must establish that the motorist’s actions caused their subsequent harm.
- Damages: The pedestrian victim must prove that the motorist’s negligence caused damages, such as medical expenses, lost income, or pain and suffering.
Proving causation is a critical aspect of a pedestrian accident case. Without it, a pedestrian accident victim is unlikely to recover damages, even if the motorist was clearly negligent.
Types of Evidence to Establish Liability
After a pedestrian accident, the last thing you want to do is collect evidence or talk to witnesses. Thankfully, with the help of an experienced pedestrian accident attorney, you will not have to take on this legal claim alone. A legal professional can gather evidence to establish the motorist’s liability in the accident.
This can include:
- Police and accident reports detailing the circumstances of the accident.
- Witness statements that corroborate your account of the incident.
- Surveillance footage, if available, showing the accident as it occurred.
- Photos of the accident scene, damage to the vehicle, and your injuries.
- Expert testimony, such as an accident reconstructionist or financial specialists.
Pedestrian accident attorneys can use this evidence to build a strong case demonstrating the motorist’s negligence and liability for your injuries.
Types of Damages in Pedestrian Accident Cases
In a pedestrian accident case, there are various types of damages, depending on the specifics and extent of the injuries. However, typical compensation after a pedestrian accident includes the following losses:
Medical Expenses
One of the most significant damages in pedestrian accident cases is the cost of medical treatment, which can include ambulance fees, hospital bills, surgeries, medication, physical therapy, and ongoing medical care. When you retain a skilled pedestrian accident lawyer, these legal professionals can work with medical experts to determine the full extent of your treatment and costs.
Lost Income
If your injuries prevent you from working, either temporarily or permanently, you may receive compensation for the income you have lost or will lose as a result of the accident. A skilled pedestrian accident attorney can determine the amount of this lost income by evaluating factors such as age, occupation, earning capacity, and the duration of your recovery period.
Pain and Suffering
In addition to economic damages like medical expenses and lost income, pedestrian accident victims may also receive compensation for the physical pain and emotional suffering they experience. Calculating pain and suffering damages can be complex, but an experienced attorney can assign a monetary value by looking at factors like the severity of your injuries, the impact on your daily life, and the duration of your recovery.
Emotional Distress
In some cases, victims may also get compensation for emotional distress from the accident. This can include anxiety, depression, insomnia, or other psychological symptoms that affect your quality of life. A skilled pedestrian accident lawyer can gather evidence, such as medical records and testimony from mental health professionals, to support your claim for emotional distress damages.
Loss of Enjoyment of Life
Your injuries may be so severe that they limit your ability to participate in activities you once enjoyed, or they diminish your overall quality of life. A knowledgeable lawyer can help you demonstrate how the accident has negatively impacted your ability to engage in hobbies, social events, and other aspects of your life that you enjoyed before the incident.
Documentation of Damages
To maximize your compensation, a pedestrian accident lawyer can help you compile the necessary documentation to substantiate your claim for damages. This can include medical records, receipts for medical expenses, pay stubs or other proof of lost income, and statements from experts or witnesses about your pain and suffering, emotional distress, and loss of enjoyment of life.
By thoroughly documenting and quantifying your damages, your attorney can build a strong case.
The Statute of Limitations Following a Pedestrian Accident
The statute of limitations is a specific time limit for filing a personal injury lawsuit. If you do not file your claim within this time, you may lose your right to seek compensation for your injuries.
The statute of limitations for personal injury claims, including pedestrian accident cases, varies by jurisdiction. Exceptions to this law may change the amount of time you have to file your case.
If you want to file your claim before this time runs out, discuss your case with a knowledgeable pedestrian accident lawyer as soon as possible. These attorneys can file your claim within the appropriate time frame to protect your rights and maximize your chances of receiving compensation.
Insurance Coverage After a Pedestrian Accident
Dealing with insurance companies is an inevitable part of pedestrian accident cases.
Understanding the role of insurance companies, policy limits, and the claims process can help you maximize the compensation you receive for your injuries.
Role of Insurance Companies in Compensation
In most cases, the at-fault driver’s insurance company is responsible for compensating the injured pedestrian for their damages. However, insurance companies are businesses that aim to minimize their costs, so they may attempt to offer a lower settlement or even deny the claim.
A knowledgeable pedestrian accident lawyer can advocate for fair compensation from the insurance company.
Benefits of Hiring a Pedestrian Accident Attorney
Hiring a pedestrian accident lawyer after a pedestrian accident can offer numerous benefits, including:
- Knowledge of personal injury law and the legal system: An experienced attorney is well-versed in the laws and regulations governing pedestrian accidents and can help you navigate this complex legal system.
- Access to resources and experts: An experienced pedestrian accident attorney can reach out to their network of experts and resources, such as accident reconstruction specialists, medical professionals, and financial analysts.
- Evaluation and negotiation of settlements: A skilled attorney can accurately assess the value of your claim and negotiate for a fair and reasonable settlement on your behalf.
- Representation during trial: If your case goes to trial, having an experienced lawyer by your side can be invaluable.
Contact an Experienced Pedestrian Accident Attorney and Find Out How These Legal Professionals Can Help You
Pedestrian accidents can result in severe injuries and significant losses, making it crucial for victims to understand their legal remedies. A skilled pedestrian accident attorney can protect your rights and improve your chances of obtaining compensation.
If a pedestrian accident injured you, do not hesitate to consult a pedestrian accident lawyer to discuss your case and explore your options for recovery. Contact a personal injury attorney in Las Vegas today for your free case consultation.