Pedestrian accidents can happen suddenly and without warning. Oftentimes, families and children who are walking outside may suffer severe injuries that can last a lifetime. These accidents can occur in crosswalks, parking lots, or along a roadway, creating fear and anxiety about the next steps to take. Understanding your legal rights when a pedestrian accident occurs is important in making sure families are informed and protected.
Common Causes of Pedestrian Accidents
Pedestrian accidents may occur from the following.
- Distracted driving
- Failure to yield
- Speeding
- Driving under the influence
- Poor visibility
- Improper turns
In addition, roadway design, inadequate signage, or malfunctioning traffic signals may also play a significant role in how vehicles operate on the road.
Understanding Liability in Pedestrian Accident Cases
Determining liability in a pedestrian accident involves evaluating who may have acted negligently. Negligence usually refers to a failure to exercise reasonable care under the given circumstances. A driver may be considered negligent if they:
- Failed to obey traffic laws
- Did not yield the right-of-way when required
- Were distracted, impaired, or otherwise inattentive
- Drove recklessly or at unsafe speeds
However, liability is not always limited to the driver. Other parties may also share responsibility, such as:
- Government entities responsible for road maintenance or traffic signals
- Property owners, if the accident occurred in a parking lot or private roadway
- Vehicle manufacturers, in rare cases involving mechanical failure
In addition, comparative fault laws may play a role in determining who is liable for the harm caused. These laws reduce the damages a plaintiff can recover in an accident, based on their percentage of responsibility. Understanding comparative fault laws and negligence is important in determining who may be responsible for pedestrian injuries.
Types of Injuries Commonly Seen in Pedestrian Accidents
Common injuries that are often seen in pedestrian accidents include, but are not limited to, the following.
- Traumatic brain injuries (TBI)
- Spinal cord injuries
- Broken bones and fractures
- Internal bleeding or organ damage
- Soft tissue injuries
- Psychological effects such as anxiety or post-traumatic stress
The impact of these injuries can vary widely, from temporary limitations to long-term or chronic health concerns.
What Damages May Be Considered
Individuals injured in pedestrian accidents may be eligible to seek compensation for various types of losses, some of which include:
- Medical expenses
- Lost income
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Rehabilitation and therapy costs
Steps to Consider After a Pedestrian Accident
Taking certain steps after an accident occurs may help protect your well-being and preserve important information needed for the future of the case. After a pedestrian accident, victims should consider:
- Seeking medical attention immediately, even if injuries seem minor
- Reporting the accident
- Documenting the scene when it is safe to do so
- Collecting information from witnesses
- Keeping important documentation and records
Filing a Pedestrian Accident Claim
A pedestrian accident claim oftentimes begins with an insurance claim filed against the party who may be at-fault. In some situations, claims may be resolved through negotiation with an insurance company. In others, filing a lawsuit may be necessary if a resolution cannot be reached. The process may involve:
- Investigating the accident
- Reviewing medical records and expenses
- Consulting with experts when appropriate
- Negotiating with insurance representatives
- Filing a lawsuit within the applicable statute of limitations
The Role of Evidence in a Pedestrian Accident Case
Strong evidence can play an important role in establishing what happened and who may be responsible. Examples of evidence may include police reports, witness statements, surveillance footage, accident reconstruction analysis, medical records, or photographs from the scene. This information may help investigators in determining who may be liable in the future.
Understanding Time Limits
Pedestrian accident claims are subject to statutes of limitations, which set deadlines for filing a lawsuit. These deadlines vary by state and by the type of claim involved.
- Personal injury claims often have a limited filing window
- Claims against government entities may have shorter notice requirements
Missing these deadlines can affect the ability to pursue a claim, which is why it may be helpful to act promptly and seek the support of a legal professional.
When Legal Guidance May Be Helpful
Although every case is different, it is important to understand when to seek legal advice and support. Oftentimes, pedestrian accidents may become challenging for victims and their families to understand. A legal attorney can help individuals who have suffered injuries from a pedestrian accident become aware of their rights and responsibilities moving forward. Seeking legal counsel may be beneficial when the following occurs.
- Serious injuries
- Conflicts about liability
- Insurance challenges
How KAASS LAW Can Help
KAASS LAW understands the challenges victims face when they suffer injuries from a pedestrian accident. The personal injury attorneys at KAASS LAW can provide guidance and support to individuals navigating the legal process. We may review the facts of your case, speak with insurance providers, and determine potentially liable parties. Call KAASS LAW today to discuss your case.