In America, walking on the street might be risky.
Every eight minutes, a pedestrian accident results in injury, according to the National Highway Traffic Association. Because these injuries are typically more severe, the plaintiffs are more weak, which might result in substantial legal disputes.
It’s crucial to get in touch with an experienced pedestrian accident lawyer as soon as possible if you’ve been in an accident. At , we keep an active network of skilled attorneys who can offer a no-cost consultation on your case. Call us whenever you want to connect.
There are no up-front costs; you only pay if your lawyer is successful in getting compensation for you.
Numerous things can contribute to pedestrian accidents, including instances where the driver- defendant:
It’s crucial to realise that these are not all the possible causes. Simply put, you might have a legal claim that entitles you to compensation if the defendant’s actions caused your injuries.
As a result of the defendant’s negligence or wrongdoing, you may be entitled to sue and get compensation as a pedestrian who has been hurt.
Compensation for the following is included in damages:
You may be able to file a claim for punitive damages in some extremely severe circumstances, such as where the defendant acted maliciously or recklessly on purpose, which might increase the amount of your overall award by hundreds of thousands or millions of dollars.
How are punitive damages calculated?
Punitive damages are intended to hold the defendant accountable for their acts and deter others from engaging in similarly harmful behaviour.
To raise the amount that must be paid, for instance, a drunk driver defendant who strikes a pedestrian may also be charged for punitive damages (and thus discourage others from driving while intoxicated).
Punitive damages act as a multiplier on the baseline damages total — up to seven times the total
damages. If you’ve been injured in a pedestrian accident and are claiming compensation of
$100,000, for example, then the punitive damages may be as much as $700,000, leading to an
$800,000 recovery in total.
As such, it’s critical that you and your attorney make a claim for punitive damages if it is available.
Pedestrian right-of-way rules can vary from state to state, but the general principles tend to be the same. Simply put, pedestrians have the right-of-way when crossing the street at a crosswalk or traffic signal, even if the crossing is “mid-block.”
What does this mean? Ultimately, if you, the pedestrian, have the right-of-way when the defendant- driver hits you, then you’ll have a much easier time showing that the defendant was negligent and is therefore legally responsible for your injuries.
It’s worth noting, that sometimes you may not have right-of-way as a pedestrian, and this can impact your ability to sue and recover damages. If you cross the street when you do not have right- of-way, the court may find you partially at-fault for your own injuries.
This may prevent you from pursuing any sort of damages in some states. However, you will typically still be eligible for damages; they will just be less due to your share of the blame.
You can refute this claim by demonstrating that, even if you did not have the right-of-way as a pedestrian, the defendant vehicle should have seen you cross the road and taken reasonable precautions to avoid hitting you. You would still have a compelling case for damages if they didn’t.
Too frequently, people wait too long to speak with a personal injury attorney and then realise it’s too late to file a claim. You may forfeit your legal right to sue and seek damages if you fail to bring a claim by the “statute of limitations” deadline that applies in your state. This may completely avoid a payout.
Avoid making the same error!
A chances of getting full compensation for your pedestrian accident are better if you file a lawsuit as soon as possible. At , we keep a network of skilled personal injury lawyers who have won a range of cases, including pedestrian accident cases.
Q: Can I still bring a claim against the motorist if I crossed the street against the rules?
A: You can, however it will depend on the situation.
You will be at least partially responsible for your injuries if you crossed the street illegally (i.e., without having the right-of-way by proceeding mid-block without a crosswalk). However, if the defendant was aware of your presence as you crossed the street, they could be held accountable. The defendant may be held accountable if they had the option to avoid hitting you.
You might have a claim against the person who crashed their automobile if you crossed the street illegally and were hit by a car unexpectedly (it didn’t have time to observe and avoid you).
What occurs if the driver has little to no insurance?
Q: You can still receive considerable damages as recompense for your injuries even if the defendant- driver has no (or little) insurance, but your case strategy will need to change.
A:You should first determine whether your personal insurance policy provides adequate uninsured motorist coverage. If so, there is a fantastic choice for ensuring a recovery.
As an alternative, you might investigate your legal possibilities against additional defendants, in addition to the driver, who might be responsible for your injuries. You could also file a lawsuit and receive compensation from the car manufacturer, for instance, if the defendant’s vehicle spun out of control as a result of defective brakes.
Q:Do I have to pay my lawyer for a pedestrian accident up front? A: You don’t, actually.
The majority of pedestrian accident lawyers accept contingent fees. The plaintiff and the lawyer benefit equally from contingent fees. All initial, out-of-pocket expenditures for the plaintiff are covered by the attorneys (i.e., medical expenses, cost of hiring an investigator, cost of hiring experts, costs of litigation, etc.). In exchange, the lawyer receives a “cut” of the final settlement amount.
Contingency fees are only paid if the lawyer is successful in getting compensation for you. In other words, you only pay if and when you succeed in your legal claim. This dynamic encourages the lawyer to represent you in an effective and efficient way.
If you’ve suffered losses due to another’s fault, then the law may entitle you to sue the responsible parties and recover damages as compensation. As the case develops, however, you may find that it is more complex — and more challenging — than you initially thought..
If you’ve suffered losses due to another’s fault, then the law may entitle you to sue the responsible parties and recover damages as compensation. As the case develops, however, you may find that it is more complex — and more challenging — than you initially thought.