As the push for better health continues to sweep across the nation, numerous age groups are getting out there moving around. Children are walking to school or to visit their friends. Adults are walking to work, to visit family, or to grab a bite to eat. Unfortunately, several of these individuals do not make it without complications.
Every year, over 75,000 Americans are severally injured or killed while traveling by foot to their destinations. Pedestrians are struck by cars, buses, trucks, semis, taxes, or even shuttles while crossing roadways, crosswalks, or traveling on sidewalks. In most cases, the cause for pedestrian accidents is distracted drivers.
Despite endless safety measures cities across the United States continue to implement, there are still a large number of individuals who suffer severe life-altering injuries from reckless drivers. If you are ever injured in a pedestrian accident, it is imperative for you to contact a personal injury attorney as soon as possible. The lawyers at Needaninjuryattorney.com have the skills and experience needed to handle complicated pedestrian accidents. Call us today for a free consultation.
What Causes Pedestrian Accidents
There are certain cases where drivers suffer health complications while they are behind the wheel. Regardless of whether a driver suffers a heart attack, a seizure, or another health scare, they are still liable for any injuries they cause. These situations are extremely unfortunate. Anytime a driver feels dizzy or disoriented; they need to pull over immediately to avoid causing injury to a pedestrian or another driver on the road.
In other cases, distracted drivers are the leading cause of pedestrian accidents that involve motor vehicles. Drivers often become distracted while engaging in the following activities:
- Eating or drinking while behind the wheel
- Changing the radio or looking over their navigation system
- Texting or talking to others with their cellular phones
- Engaging in conversation with passengers in their vehicles
- Driving while under the influence of drugs or alcohol
Drunk, distracted, or reckless drivers race up and down streets across the United States every day, making pedestrians vulnerable targets. These accidents can happen anywhere, including situations like:
- Pedestrians standing on the side of the road waving for a taxi
- Entering and exiting buses or shuttles
- Passing over crosswalks while distracted
- Walking through parking lots with small children
- Joggers passing through busy intersections
- Kids going to school or leaving from school
- Slow pedestrians crossing the street in designated crosswalks
- Illegal jaywalkers crossing in undesignated areas
If you were injured in a pedestrian accident that was not your fault, you may be able to recover compensation for damages and injuries you sustained. It is absolutely critical to your claim that you contact a personal injury attorney as soon as possible. The attorneys at Needaninjuryattorney.com are waiting to take your call and get started on your claim.
How Pedestrians Are Injured In Accidents
When a person travels in a motor vehicle, they have a metal casing that surrounds them and protects them. On the other hand, pedestrians are often left vulnerable without any padding or protection against other objects. Pedestrian involved car accidents often result in severe injuries, like:
Broken Bones: Pedestrians struck by motor vehicles can suffer broken legs, arms, or ribs.
Loss Of Limbs: Pedestrians struck by motor vehicles can lose fingers, arms, or legs from the accident. The chance of losing a limb is increased when pedestrians are trapped between other vehicles or structures.
Spinal Injuries: Spinal injuries can have a life-altering impact on a person’s life. These injuries are extremely painful and can result in temporary or permanent paralysis. The extent of paralysis depends on where the injury occurred along the spinal cord.
Traumatic Brain Injuries: Individuals struck by automobiles may suffer traumatic brain injuries if they are hit in the head or if their heads are jerked in any direction. TBIs can result in permanent hearing loss, vision problems, or severe migraines.
Unfortunately, accidents involving young children or elderly pedestrians are often more severe. No matter what type of injury a pedestrian suffers, it can have a serious impact on their daily life. Not only are pedestrians left paying costly medical bills to treat their injuries, but they are often forced out of work at the time when they need money the most. These individuals often suffer from limited mobility temporarily or permanently, which can be detrimental to their physical and mental health.
Victims of pedestrian accidents are able to utilize the legal system to recover compensation for some of the damages they sustained. If you or a loved one is injured in a pedestrian accident that was no fault of your own, it is in your best interest to contact a personal injury attorney at Needaninjuryattorney.com as soon as possible.
Type Of Damages Pedestrian Accident Victims Can Receive
If you or a loved one is involved in a pedestrian accident, it is crucial to recognize the type of damages you are entitled to. Pedestrian accident victims often face expensive medical bills and loss of wages, and they are forced to go through extensive therapy and deal with scarring and impairments.
Pedestrian accident victims often go through long recovery processes that are expensive, costly, and painful. In certain cases, victims can utilize the legal system to recover compensation for damages they sustained, including:
- Lost wages
- Loss of future earnings
- Costs for medical treatment
- Cost for surgeries
- Cost for therapies
- Pain and suffering – both physical and emotional
- Mental anguish
- Loss of life enjoyment
- Loss of companionship
- Reimbursement for other costs related to the incident
In cases involving extreme neglect, judges are able to award punitive damages to accident victims. Pedestrians do not need to prove any financial damage to recover punitive damages. Instead, punitive damages are awarded to punish the negligent driver for their wrongdoing. Each state has a set guideline for calculating the value of the punitive damages awarded. Contact a personal injury attorney at Needaninjuryattorney.com as soon as possible to ensure you receive the maximum amount of compensation you are entitled to.
Determining Liability In A Pedestrian Accident
When a pedestrian sustains an injury in an accident that was caused by the negligence of another person, it is important to determine who is responsible for the injury. Some states allow pedestrians to go after negligent drivers even if they are partially responsible for the accident. Cases in which both parties are at fault require an experienced attorney to help claimants prove that the negligent driver is responsible for over 50% of the negligence that leads to the accident. Call the lawyers at Needaninjuryattorney.com to schedule a free consultation to discuss your accident and find out if you have the ability to file a pedestrian accident claim.
Once a claimant proves they are less than half, or not at all, responsible for the accident, they can recover damages from the responsible party. These are several parties who can be held liable for pedestrian injuries. Some of the parties include:
Property Owners: When an accident occurs on a private parking lot, the owner of the property can be held liable for the incident. Individuals who offer the use of their property to the public must take pre-cautious measures to ensure all visitors remain safe. If pedestrians and vehicles are able to travel on the property, they need to each have their own clearly designated space to do so. If it is not possible to keep their pathways apart, the property owner must include signage and warnings to let each type of traveler know that the other is present. All crosswalks, roadways, lanes, and important property information needs to be clearly visible for everyone.
Careless Drivers: Drivers are required to provide a duty of care to other drivers and pedestrians in the area. Drivers are further required to obey all laws, signs, and traffic control devices in the area to ensure the safety of themselves and others. If a driver does not act responsibly, they can be held liable for the consequences of their actions. These drivers are deemed to be in breach of their duty to provide care, and they are responsible for all resulting injuries.
There are numerous other parties who can be held responsible for pedestrian accidents, depending on the circumstances. Some other parties may be:
- The company that manages the property where the accident occurred
- The vehicle owner(s) involved in the accident
- The company that owns the vehicle involved in the accident
- The vehicle manufacturer
- The vehicle parts manufacturer
- The road sign manufacturer or installer
- The road sign maintenance company
If a self-driving vehicle is involved in a pedestrian accident, the owner of the vehicle is still responsible for all damages caused by the accident. In any case, the claimant must prove negligence was the cause of the accident in order to succeed in collecting compensation for damages incurred.
Criminal Offenses For Pedestrian Accidents
Drivers who harm pedestrians may be charged criminally for their actions. Each state has a different set of criteria to determine how or if a driver will be charged. Depending on the case, various circumstances will help aid in making this determination. Some of the factors considered are:
- The specific circumstances surrounding the accident
- How severely the pedestrian was injured in the accident
- Whether drugs or alcohol played a role in the accident
- Any prior convictions for the driver
- How the driver reacted after the accident
Analyzing each case helps law enforcement determine if drivers should be charged with any of the following crimes:
Hit And Run: If a driver leaves the scene of the accident, they can be charged with hit and run. The severity of the injury determines the sentencing for drivers charged with this crime. If a pedestrian is injured, the driver can be fined and face possible jail time. If a pedestrian is killed, the driver can face thousands of dollars in fines, suspension or revocation of their driver’s license, and they can spend several years in prison.
Driving Under The Influence (DUI/DWI): Even in cases where pedestrians are not injured, the driver can still be charged with a DUI/DWI offense. If a driver’s legal blood alcohol concentration exceeds the legal limit, they can face jail time, fines, suspension of their driver’s license, and several other charges.
Vehicular Manslaughter: If a pedestrian is killed by a negligent driver, the driver can be charged with this crime. Whether a driver is speeding, texting or talking on the phone, or they run a stop sign or red light, they can be face up to six months in jail, lose their driver’s license, and pay hundreds or thousands in fines.
Felony Reckless Driving: If a person is driving recklessly, and they strike and kill a pedestrian, they can be charged with felony reckless driving. Drivers found guilty of this crime can face thousands of dollars in fines and spend several years in prison.
Criminal charges do not prevent pedestrians from filing civil claims against the drivers. Unfortunately, criminal charges may delay the process of collecting compensation for damages. In some cases, criminal convictions aid injured victims in proving that the driver was responsible for the accident and should be held liable for damages sustained.
Whether a driver is charged criminally or not, it is important for injury victims to file their lawsuits within the statute of limitation. The amount of time a victim has to file a claim depends upon where the accident occurred. Contact one of our aggressive personal injury attorneys at Needaninjuryattorney.com to assist you with filing your claim to ensure you meet all the deadline requirements.
An Aggressive Personal Injury Can Help You
If you or a loved one is injured in a pedestrian accident, you may be entitled to recover compensation for damages you sustained. Our personal injury attorneys at Needaninjuryattorney.com will contact insurance companies, gather evidence and witness information, and file claims on your behalf so you can focus on your recovery knowing your legal rights knowing that your attorney has your best interest in mind at all times.
It is imperative that you contact a personal injury attorney to assist you with filing your claim for compensation. An experienced attorney from Needaninjuryattorney.com will work diligently on your behalf to ensure you recover the maximum amount of compensation you are entitled to.
Our attorneys represent injury clients on a contingency basis. This allows victims to postpone payment to cover legal fees until they recover compensation for damages. Contact a personal injury attorney at Needaninjuryattorney.com as soon as possible to protect your legal rights to compensation.