The number of serious pedestrian accidents has skyrocketed over the past two decades. Not only are there more accidents in general, but those that happen are far more serious. These accidents occur at higher speeds, and drivers are behind the wheel of much larger cars. Accordingly, the number of pedestrian accident fatalities has spiked to over 7,500 on an annual basis. Drivers often do not exercise a reasonable amount of care behind the wheel, and even if they do, they may put their own needs ahead of the safety of others.
In any pedestrian accident case, you must prove that the driver was negligent to qualify for financial compensation. A motorist owes you a duty of care when you are around them on the road, regardless of whether you are driving or walking. They breach the duty of care when they do something unreasonable under the circumstances. Below are some examples of driver negligence, which may give you the right to financial compensation. As always, you should hire a pedestrian accident lawyer right after you have suffered an injury so they can fight for your right to full compensation for what happened.
Distracted Driving
Mobile devices are one of the most prevalent causes of pedestrian accidents. Even though state laws strictly prohibit and penalize the use of mobile devices when driving, many motorists will not put their phones down when they are behind the wheel. It takes a certain amount of time for a driver to bring their car to a complete stop at a crosswalk or an intersection. Even spending a few seconds to send or read a text can keep a driver from seeing a pedestrian in time to avoid an accident.
Other means of distracted driving can cause pedestrian accidents. For example, practically all new cars have an infotainment system that requires drivers to push buttons to adjust their music or get directions. Infotainment systems can be as distracting as phones, as drivers may have their eyes off the road for an extended time.
Lack of Knowledge of Pedestrian Laws
Drivers are often unfamiliar with pedestrians’ rights on roadways. When a pedestrian has entered a marked crosswalk, the driver must come to a complete stop. When there is an unmarked crosswalk, the driver must sometimes yield the right of way to a pedestrian.
Some drivers may not be aware of this fact. They may drive straight through a crosswalk and not stop even after a pedestrian has entered it. Drivers may also not know they cannot proceed under certain circumstances, even on a green light.
Reckless Driving
Reckless driving has spiked since the start of the pandemic. Some motorists are more selfish, with far less care and concern for people around them. Others adopted reckless and dangerous habits when fewer cars were on the road and maintained them when motorists began to venture out again, putting pedestrians in danger. Reckless driving means that drivers may not see crosswalks in time, or they may run red lights or stop signs.
Speeding
Speeding is a factor in roughly one out of every three traffic fatalities. Drivers’ reflexes will diminish as they travel faster, and they will have less ability to notice things or people around them on the roadway. They may miss seeing a crosswalk or a pedestrian trying to enter it until it is too late to avoid an accident.
Drunk Driving
Drunk driving is the single most significant cause of pedestrian accident fatalities in the United States. Each year, alcohol consumption has lead to over 3,000 pedestrian accident fatalities, and drivers cause a vast majority of them. A motorist has altered perceptions that keep them from seeing road signs or stopping in time to avoid hitting a pedestrian. Drunk driving often occurs at night, which is a time when drivers are already less likely to see pedestrians.
Poor Road Design
Some roads may be death traps for pedestrians, even if drivers act as safely as possible. The road design may not be safe enough for pedestrians to consistently cross safely. They may not have enough time to cross the street, or drivers may have poor visibility. When pedestrians have suffered an injury due to the road design, they can hold the government accountable.
Regardless of the cause of your pedestrian, you need to prepare for the insurance company to try to blame you for what happened and claim that you were careless. Your state’s laws may reduce the compensation you could receive if you are partially at fault for the accident. Then, you should present evidence showing what you were doing to refute these allegations. Insurance companies may be less inclined to take liberties with your legal rights when they see you have hired an experienced pedestrian accident lawyer to fight for you.
Hire a Pedestrian Accident Lawyer to Protect Your Rights
When you hire a pedestrian accident lawyer, they will thoroughly investigate what happened. They will focus their investigation on gathering the evidence you need to prove that the driver was responsible for the accident.
Once your pedestrian accident lawyer can establish fault, their job shifts to obtaining full and fair compensation for your injuries. They aim to secure the maximum compensation you deserve for your injuries, medical expenses, lost earnings, and pain and suffering. Your pedestrian accident attorney will file either a claim or a lawsuit on your behalf. They can work with the insurance company to negotiate a settlement, or they may try to persuade a jury to award you damages.
One of the biggest concerns people have when considering hiring a lawyer is the cost. However, you do not need to worry about upfront or out-of-pocket expenses. Most pedestrian accident lawyers work on a contingency fee basis, which means they only get paid if they win your case. Then, their payment is a percentage of your settlement or jury award. Your personal injury lawyer will fight will fight for your rights and ensure you receive the compensation you deserve, helping you focus on your recovery and moving forward with your life.