You anticipate safely sharing the roads and footpaths as a pedestrian. Nevertheless, more than 60,000 pedestrians are hit by cars in the United States every year, and many of them get injuries that can change their lives. 

If you were struck by a car while crossing the street, you might be entitled to damages for your injuries, lost income, and emotional distress. You need the advice of an expert pedestrian accident lawyer to comprehend your legal rights. 

Our skilled group of pedestrian accident attorneys can assist in identifying the responsible party, managing the insurance claim procedure, and advocating for just recompense. We can assess the specifics of your case to decide the best course of action, even if you are accused of partial guilt.

So please contact our staff right now. We at The Personal Injury Lawyers TM are available to assist you.

Call ***-***-4881 to arrange a free initial appointment to explore your case and the kinds of damages you might have been entitled to.

The Advantages of Hiring a Pedestrian Accident Lawyer 

An attorney that focuses in defending wounded pedestrians from car accidents is known as a pedestrian accident attorney. They are knowledgeable with the rules and laws pertaining to your rights as a pedestrian and your obligations as a driver.

It is advisable to speak with a pedestrian accident lawyer if you were injured when struck by a car for a number of reasons:

• They can provide you with information about your legal rights and how to seek damages for any lost income, medical expenses, pain and suffering, and other losses.
• They have prior expertise pursuing just settlements through negotiations with insurance companies. Insurance companies could make a low settlement offer in the hopes that you will accept it, but a lawyer can fight for maximum compensation and assess if the offer is appropriate.
• They can represent you in court to seek compensation through a lawsuit if a settlement cannot be reached. In a pedestrian accident lawsuit, proving liability and damages can be difficult, and a lawyer knows how to present a compelling case.
• Claims involving pedestrian accidents are subject to strict statutes of limitations, which vary from one to three years according on the state. Prompt legal representation ensures that your claim is submitted on schedule.

Data on pedestrian accidents in the United States

Over 6,000 pedestrians in the US lose their lives in traffic crashes each year, according to the National Highway Traffic Safety Administration (NHTSA). Serious injuries are sustained by tens of thousands more pedestrians.

These figures highlight the alarming fact that accidents involving pedestrians occur far too frequently.

Both vehicles and walkers should take proactive measures to reduce pedestrian accidents by being aware of the common causes of these incidents. The following are a few of the main reasons pedestrian accidents occur:

1. Distracted Driving: This is one of the main causes of collisions involving pedestrians. Drivers’ ability to see pedestrians and react quickly is greatly reduced when they take their eyes off the road to use their phones, change the radio, or perform other non-driving tasks.
2. Failure to Yield the Right-of-Way: Many accidents are caused by drivers who do not give way to pedestrians at crosswalks, junctions, and approved crossing places. 
3. Lack of Visibility: Pedestrian accidents can result from inadequate visibility brought on by dim lighting, unfavorable weather, or blocked vistas. When possible, pedestrians should use marked crosswalks with enough illumination and wear reflective apparel.
4. Impaired Driving: When under the influence of alcohol or drugs, a driver’s capacity to respond to potential risks on the road and make logical decisions is severely compromised. This puts pedestrians who share the road with intoxicated drivers in serious danger.

When Should a Pedestrian Accident Injury Claim Be Filed?

In theory, any harm incurred in a pedestrian collision that results from the careless, reckless, or negligent activities of another party may be eligible for compensation. Therefore, if a driver were to be held liable for your injuries, for instance, and you were hurt while crossing the street, you might theoretically hold them responsible for any harm they caused, from a sprained ankle to the loss of a limb. 

This is the reason it’s critical to get medical attention as soon as possible following a pedestrian collision. It’s always worthwhile to see a doctor very away, even if you know you had nothing to do with the accident, because you never know what damage might be hidden.

Subsequently, your comprehensive medical report will support your claim when it comes time to submit it. 

In a Pedestrian Accident, Who Is at Fault?

Determining who is at fault in a pedestrian accident will be a crucial step in filing your claims. 

Legal accountability for the mishap and any injuries that resulted is referred to as liability. Finding the person who is “liable” basically means figuring out who has to pay the injured party’s compensation. 

In a pedestrian collision, culpability can take many different forms, particularly as it is frequently not absolute and might be divided among various participants. As an illustration: 

In the event that the driver is accountable

Either all or portion of the liability may rest with the driver who struck the person. Usually, the motorist can be held accountable if they were irresponsible and broke any traffic regulations, like speeding, driving while intoxicated, or distracted driving.

It is mandatory for drivers to use due caution to prevent crashes with pedestrians. Negligence may be proven if failure to do so causes an accident.

If the pedestrian is accountable 

If the pedestrian was acting carelessly, they might be partially at fault. The pedestrian might be somewhat at fault, for instance, if they were crossing the street against the light or jaywalking at an uncontrolled intersection.

For their own safety, pedestrians must also use a reasonable amount of caution. Shared liability is permitted by comparative negligence legislation in the majority of states.

If Another Person Is Accountable 

Other parties may also be liable in certain situations. For instance, the city or county might be partially liable if the accident was caused in part by inadequate lighting, a deficiency of crosswalks, or malfunctioning traffic signals. 

If a dangerous condition on their property caused or played a part in the crash, property owners may be held accountable. In the event that a car flaw caused or played a role in the collision, automakers or mechanics may be held accountable.

Does the insurance provider determine who is responsible? 

Liability claims are usually handled by the driver’s or pedestrian’s insurance provider, who will also calculate each party’s degree of fault. 

In addition, they will pay out any claims for lost income, medical expenses, pain and suffering, and other damages. The matter may proceed to court to establish liability and award damages if a settlement cannot be reached or liability cannot be agreed upon.

Establishing Negligence and Liability in Claims of Pedestrian Accidents

In order to establish culpability and negligence in a pedestrian accident lawsuit, it is necessary to demonstrate that the pedestrian or driver failed to use reasonable caution and acted carelessly. 

It is your responsibility as the plaintiff to provide evidence that the other party was careless in their conduct or inaction. You could bring up common issues such the driver’s intoxication, distraction, or speeding.

However, you could also draw attention to any dangerous situations, the driver’s general carelessness, or a particular instance of not yielding. 

It is important that you collect as much proof as you can to support your claim. Your case will be stronger the more proof you can gather, such as witness statements, photos from the location of the accident, police and medical reports, or photos showing your damages or injuries. 

National Pedestrian Accident Laws, Rules, and Regulations

Federal and state regulations that safeguard the rights (and safety) of people on foot regulate pedestrian accidents. These laws set forth duties for both pedestrians and drivers to avoid collisions and assign blame in the event of one.

Rights of Pedestrians and Traffic Laws

Vehicles are required by law to yield to pedestrians at intersections and in crosswalks.

We are aware that in these zones, as well as at stop signs and red lights, pedestrians have the right-of-way. It is common knowledge that until the pedestrian has fully crossed the road, automobiles must stop and stay stopped.

Your attorney may utilize other, more specialized federal traffic rules to protect your rights while you’re driving.

For instance, the “Pedestrian Safety Enhancement Act of 2010” was passed in order to address worries over pedestrian safety around hybrid and electric cars, particularly for people who have vision or hearing impairments. Electric and hybrid cars must emit sound when traveling at low speeds; therefore, if this doesn’t happen and a pedestrian gets hurt, that could be a serious red flag. 

Crosswalk Regulations

Crosswalks signify a pedestrian crossing, and cars are required by law in the majority of states to stop for people using them. But before entering the crossing, people should heed the pedestrian signal. 

After then, motorists are required under the “Manual on Uniform Traffic Control Devices” (MUTCD) to give way to pedestrians at crosswalks that are clearly marked.

This means that driving must stop and wait for pedestrians to cross the street before using the crosswalk, even when the traffic signal is green for cars. However, it can be deemed that the pedestrian is acting recklessly if they cross the street without a light.

You will be happy to have an experienced lawyer on your side in these kinds of complex scenarios. 

Rules Regarding Right of Way

There are right-of-way laws that specify who gets to cross the intersection first when several cars and pedestrians arrive at the same time. When a car flips, pedestrians have the right of way.

Turning left-hand traffic must yield to pedestrians and other oncoming traffic. When an emergency vehicle with lights and sirens activates, all other traffic must yield.

Infractions on the road and potential legal repercussions might arise from neglecting to give way to pedestrians. This protocol was first established by the Federal Highway Administration’s “Manual on Uniform Traffic Control Devices,” much like the crosswalk rules previously discussed.

What Must I Do Right Away Following a Pedestrian Accident? 

1. To get emergency services and medical help, dial 911 first. It is preferable to get an examination by paramedics on the spot, even if there are no visible wounds. They can accurately evaluate the circumstances, look for internal injuries, and take anyone who need more medical attention to the hospital.
2. Proceed to safety next. To prevent more accidents, leave the road and any place where there are moving cars as soon as you can. To warn other drivers, turn on your danger lights and, if available, set up road flares.
3. After that, share information with the other concerned parties. Obtain their entire legal name, contact details, license plate number, driver’s license number, insurance information, and any other relevant incident facts. Additionally, record any information provided by accident witnesses.
4. Additionally, you should collect evidence from the location of the accident. Take pictures of the surroundings, the vehicles’ whereabouts, any damage to them, and anything else that might be important for legal or insurance reasons. To document the locations of all the components, you can create a diagram of the accident. Acquire a copy of the official police report; it will include important information about the incident as well.
5. Lastly, get in touch with a pedestrian accident lawyer. If negligence is present, they can assist you in pursuing a legal claim for compensation, inform you of your rights, and establish who is at responsible. Serious injuries are frequently sustained in pedestrian accidents, thus you need competent legal representation to assist you recover damages.

Engage a Skilled Pedestrian Accident Attorney Firm

An expert lawyer will be able to go into the specifics of the accident in great depth and present the best case possible for you. In addition, they may manage correspondence with insurance providers and guarantee that your case is taken care of while you concentrate on your top priority—recovery. So please contact our staff right now. We at The Personal Injury Lawyers TM are available to assist you. Call ***-***-4881 to arrange a free initial appointment to discuss your case and the kinds of damages you might be eligible for. Allow us to pursue the recompense you are due.