Pedestrian accidents can have devastating consequences, affecting both victims and their families. If you’ve been involved in a pedestrian accident, understanding the causes behind these incidents and how a pedestrian accident lawyer can secure fair compensation is essential. From negotiating with insurance companies to building a compelling case, a skilled attorney’s assistance can make a meaningful difference in the outcome of your claim.
More than 7,500 pedestrians died after being struck by vehicles in a recent year – the highest total in over 20 years.
While distracted driving and poor visibility are well-known contributors to pedestrian accidents, several underlying factors can be overlooked. Some of these causes have received less attention in the media but are no less significant.
Not all cities are built with pedestrians in mind. Urban infrastructure often prioritizes vehicles over pedestrian safety. Wide intersections, poorly designed crosswalks, and high-speed roads in pedestrian-heavy areas create unsafe conditions. Intersections lacking adequate signage or pedestrian lights can leave people guessing when it’s safe to cross, making them more vulnerable to oncoming traffic.
When an accident occurs due to poor urban design, a pedestrian accident lawyer can investigate whether the infrastructure contributed to the accident. They may consult with traffic engineers or review traffic studies to highlight design flaws. This approach can strengthen your case by establishing that the surrounding environment was hazardous.
Even with the most cautious pedestrian behavior, accidents can happen if traffic signals or crosswalks are inadequate. Intersections that lack pedestrian-only crossing signals or fail to provide adequate crossing time often lead to collisions. Some crosswalks aren’t visible enough to alert drivers, especially at night. Unmarked crosswalks further reduce pedestrian safety, as drivers may not expect anyone to cross at these points.
A pedestrian accident attorney can determine whether the crosswalk or signal was up to code and if the local government had previous reports about the area’s safety. If a lack of appropriate crosswalk infrastructure contributed to your accident, your lawyer can include the responsible parties in the claim to help cover your damages.
Aggressive driving, such as speeding, tailgating, or erratic lane changes, increases the risk of hitting pedestrians. When drivers are in a rush or act out of frustration, they may ignore crosswalks, fail to yield, or disregard traffic laws. Road rage can also result in reckless behavior that puts pedestrians directly in harm’s way.
If an aggressive driver caused your accident, a pedestrian accident lawyer can gather evidence showing that the driver exhibited dangerous behavior leading up to the accident. Doing so may involve reviewing traffic camera footage, witness statements, or prior complaints against the driver. Such evidence can build a strong case, increasing your chances of obtaining a favorable settlement.
Residential neighborhoods can be just as dangerous as busy intersections. Drivers who assume they’re in a “safe” area often let their guard down, increasing the risk of hitting someone crossing the street, jogging, or walking their dog. Children playing in neighborhoods are especially vulnerable, as they’re less likely to notice an approaching vehicle.
In cases where inattentive driving in a residential area led to a pedestrian accident, a pedestrian accident attorney can seek damages based on the driver’s failure to maintain awareness. The attorney might introduce evidence of neighborhood speed limits and residential warnings to further illustrate the driver’s lack of caution.
Rideshare drivers, cab drivers, and public vehicles contribute to the risk of pedestrian accidents in urban areas. These drivers often make sudden stops or fail to look for pedestrians when picking up or dropping off passengers. Pedestrians navigating near buses or rideshare vehicles may also be caught off guard by unexpected turns or stops.
If you suffered an injury in an accident involving a rideshare or public vehicle, a pedestrian accident lawyer can identify whether the driver adhered to company protocols. Your attorney can provide evidence of improper driving behavior that strengthens your claim by obtaining trip logs, GPS data, and witness statements.
Faulty equipment, such as malfunctioning brakes or broken headlights, can significantly contribute to pedestrian accidents, especially at night or in low-light conditions. If a car has mechanical issues that prevent a driver from stopping in time, pedestrians can be put at greater risk.
A pedestrian accident attorney can examine the vehicle’s maintenance records and consult mechanical experts to determine whether faulty equipment contributed to the accident. If so, the attorney can include the car manufacturer, repair shop, or vehicle owner in the claim, which may increase your compensation.
Having a dedicated pedestrian accident lawyer by your side can significantly impact your ability to secure fair compensation. Here are a few of the ways they can do precisely that.
Evidence is the foundation of any successful pedestrian accident case. Your lawyer will collect police reports, eyewitness statements, traffic camera footage, and medical records to describe what happened. They may also bring in accident reconstruction experts to illustrate how the incident occurred and who was at fault.
For example, if your accident was caused by a driver who ran a red light, a lawyer might collect surveillance camera footage or find witnesses who saw the driver ignore the light. With this evidence, your attorney can challenge the insurance company’s attempts to downplay the driver’s liability.
Determining the value of a pedestrian accident claim involves calculating medical expenses, lost income, pain and suffering, and future rehabilitation costs. An experienced pedestrian accident lawyer will carefully review your medical records, consult with healthcare providers, and account for both immediate and long-term costs related to your injuries.
Your attorney will ensure that no damages are overlooked, including intangible ones like emotional distress or loss of enjoyment of life. By presenting a detailed list of your damages, your lawyer will be in a strong position to push back against any lowball offers from the insurance company.
If negotiations with the insurance company don’t result in a satisfactory offer, a pedestrian accident lawyer can take your case to court. Filing a lawsuit demonstrates to the insurance company that you’re serious about seeking fair compensation. Your attorney will present all evidence in court, call in witnesses, and argue your case before a judge and jury.
If the insurer knows you have an attorney ready to file a lawsuit, that can convince them to offer a fair settlement. Insurance companies don’t want to go to court because doing so is expensive. A trial also has an uncertain outcome – it might cost the insurer more if they lose.
If your case goes to trial, your lawyer will prepare you for court appearances, depositions, and cross-examinations. They’ll guide you in answering questions effectively, ensuring your testimony strengthens your case. Knowing what to expect in court makes you feel more confident about sharing your story.
Your lawyer will present a clear and convincing argument to the judge and jury. Their objective is to establish liability beyond any reasonable doubt and maximize the compensation you receive.
Legal processes and terminology can feel intimidating and confusing, especially while you’re recovering from injuries. Your pedestrian accident lawyer will break down the legal aspects of your case in a way that’s easy to understand. From explaining the implications of settlement offers to outlining court procedures, your attorney will make sure you know what each step involves.
Knowing the reasoning behind each decision can make a difference in your confidence and peace of mind throughout the case. When your lawyer takes the time to keep you informed, you can make decisions that better align with your needs and expectations.
The legal process for a pedestrian accident claim involves numerous deadlines and documents. Missing a single deadline can jeopardize your case. Your lawyer will keep track of all required filings, from court documents to evidence submissions, ensuring everything is in order. Their attention to detail can help you avoid any procedural mistakes that can weaken your case.
By managing all the paperwork, your attorney allows you to focus on your recovery rather than the technicalities of your claim. This can be particularly valuable when dealing with injuries that require extensive medical care.
Beyond the legal aspects, a pedestrian accident lawyer is also an emotional support system. Dealing with the physical and emotional impacts of an accident is emotionally taxing, and having a legal ally who understands your situation can ease some of the burden. They’ll provide encouragement, listen to your concerns, and reassure you when the process feels overwhelming.
Your attorney’s ability to offer a steady presence throughout the claim process can help you stay focused and optimistic. Having someone in your corner makes you feel confident, knowing your interests are represented.
Dealing with insurance companies can be frustrating when you suffer an injury in a pedestrian accident. Insurers are often quick to make a settlement offer, but these initial amounts rarely cover the full extent of your damages. That’s where a skilled pedestrian accident lawyer uses negotiation tactics to advocate for the compensation you deserve.
Here’s a detailed look at how your attorney will negotiate for fair compensation.
Insurance companies work to protect their bottom line, so they often try to minimize the payout. This means they’ll look for ways to shift partial blame onto you or question how badly you’re hurt. In some cases, they might argue that your actions contributed to the accident, justifying the reduction of your compensation.
Your pedestrian accident lawyer will anticipate these tactics. They’ll be prepared to counter the insurer’s arguments with solid evidence that supports your claim. By pushing back on attempts to assign fault or downplay injuries, your attorney will work to ensure the insurance company doesn’t shortchange you.
Evidence is the backbone of any negotiation. A seasoned lawyer gathers police reports, witness statements, traffic camera footage, and medical records to present a strong case. By compiling clear proof of the driver’s negligence, your lawyer can dispute any claims that you were at fault. This leverage forces the insurer to reevaluate their initial offer and consider a fairer settlement.
For example, if the insurance company insists you didn’t follow traffic signals, your attorney might introduce witness statements or camera footage showing the driver’s actions that led to the accident. This evidence is a powerful counter to the insurer’s claims, pushing them to adjust the settlement offer.
Insurers often make lowball offers, hoping you’ll accept quickly. A pedestrian accident lawyer knows how to identify these inadequate offers and can explain why they fall short of covering your damages. Your attorney will provide a detailed breakdown of your losses, including medical bills, lost income, and future treatment costs, giving the insurance adjuster a clearer picture of what a fair settlement should look like.
By presenting this thorough list of damages, your lawyer makes it difficult for the insurer to justify a low offer. They’ll negotiate back and forth with the adjuster, using each piece of evidence to reinforce your claim.
Taking timely action is essential if you’ve suffered an injury in a pedestrian accident. Even a small delay in seeking legal advice or starting your claim can affect your ability to recover damages. Insurance companies often look for any excuse to minimize compensation, so prompt action is critical.
A personal injury lawyer can make a difference in securing fair compensation. From investigating unique causes to challenging insurance companies, your attorney will advocate on your behalf, focusing on achieving the best possible outcome. By contacting a skilled lawyer for a free consultation, you gain an ally dedicated to ensuring your rights are protected every step of the way.