In recent years, drivers have generally been much less respectful of the safety of others, and pedestrians are paying a price. The frequency of reported pedestrian accidents has increased 40 percent over the past 15 years, making simple walking one of the most dangerous activities you can engage in.
Further, pedestrian accident injuries tend to be far more serious because there is nothing to protect a person from impact with a car. If you or a loved one has suffered an injury in a pedestrian accident, you may be entitled to significant financial compensation for your injuries.
First, contact an experienced pedestrian accident attorney to learn more about your legal rights. They can assess who should be liable for your losses and the appropriate legal action to seek compensation.
Why Pedestrian Accident Injuries Are Far More Serious
Pedestrian accident injuries are far more serious these days due to a variety of factors, including:
- Cars are bigger, and there is more force involved in the accident
- More people are driving trucks that are higher up from the ground, and cars strike pedestrians higher up on their bodies
- Drivers are increasingly distracted and make less effort to stop for pedestrians because they do not see them or notice crosswalks
- More drivers are reckless, and pedestrian accidents occur at higher speeds
Common Injuries Pedestrians May Suffer in an Accident
Pedestrian accident injuries are usually serious because there is nothing that protects you from a direct impact with a car. You may be thrown to the pavement or onto the car’s hood. Chances are you will suffer one or more serious injuries. It is extremely rare for a pedestrian to walk away from an accident unscathed.
Pedestrians may suffer the following injuries in an accident:
- Broken bones: The force of the accident can cause serious bone breaks, including a compound fracture, where the bone may poke through the skin, or a comminuted fracture, where the bone has broken in multiple places.
- Internal injuries: The pedestrian accident may cause serious internal injuries, such as organ damage and internal bleeding. These injuries are extremely dangerous because they are not always easy to detect at first, and they continue to grow worse.
- Spinal cord injuries: The impact from the accident can fracture or compress the vertebrae, potentially damaging the spinal cord. The area of the body below the spinal cord may lose the ability to move and function because it cannot receive messages from the brain.
- Traumatic brain injuries: When the brain strikes a hard object or there is a violent movement of the head, tissue can sustain damage or shearing. Depending on which area of the brain was affected, the accident victim may lose valuable functions.
- Neck and back: The force of the accident can cause a sudden and violent motion that can cause injuries such as sprains and herniated discs.
Your Legal Options After a Pedestrian Accident
You might be entitled to significant financial compensation if you have suffered an injury in a pedestrian accident. The prerequisite to a settlement or jury award is proving that someone else was at fault for the accident. In a pedestrian accident case, you become eligible for a settlement when you can demonstrate that the driver who hit you was negligent.
Allow a pedestrian accident lawyer to assess your best legal options right away.
Proving that the Driver Was Responsible for the Accident
To prove negligence, you must show that the driver departed from the duty of care they owe you as a pedestrian. Examples of negligence that can lead to a pedestrian accident include:
- Failure to stop at a crosswalk because the driver was distracted or did not know the law that they had to yield the right-of-way
- Striking a pedestrian anywhere on the road because the driver was speeding
- Running a red light or stop sign because the driver was distracted or speeding
- Being unable to stop in time to avoid the accident because the driver was being reckless
Obtaining Compensation for Your Pedestrian Accident Injuries
Once you prove negligence, you will begin discussing your actual compensation. Since your injuries are likely substantial, you may be entitled to a large settlement check. The driver has an obligation to fully compensate you for the harm they caused you. If your loved one died in a pedestrian accident, your family can file a wrongful death lawsuit so you can seek damages for the loss of your family member.
The Insurance Company Makes Your Life More Difficult
The insurance company stands between you and your settlement. They represent the driver and cover the driver’s liability for your injuries. Insurance companies are known for playing hardball, no matter how much fault their driver clearly has or how seriously you have suffered an injury. They may try to blame the accident on you, or they can make you a low settlement offer to get you to accept less money.
When insurers play hardball, your pedestrian accident lawyer will play hardball right back.
How a Pedestrian Accident Attorney Can Benefit Your Case
Your attorney’s job is to protect your legal rights while securing the maximum compensation for you. They may do this by negotiating with the insurance company or by pushing back if the insurance company tries to place any of the blame for the accident on you.
At the end of the day, the legal right to compensation is yours, and it is up to you to do whatever possible to maximize it. Steps in your case might include:
- Several rounds of negotiations with insurance companies.
- Pursuing multiple insurance claims.
- Even taking your case to court, where a jury decides liability and compensation.
The good news is that your pedestrian accident lawyer handles all of this for you.
Getting legal representation in a pedestrian accident case does not cost you anything upfront. Your pedestrian accident lawyer works for you on a contingency basis, meaning they are not paid unless you win your case. There are no bills to pay out of your pocket.
Seek your free case evaluation today with a personal injury lawyer in McLean, VA.