In the case of a pedestrian accident, both the pedestrian and the driver must contact a lawyer as soon as possible. A pedestrian accident attorney can help you understand your rights and explore options for pursuing compensation. In addition, they will help assess whether you have a strong case and pursue the claim to court if necessary.
Identifying the Liable Party
In a pedestrian-vehicle accident, the pedestrian may be found at fault if they behaved negligently or broke traffic laws. For example, if a pedestrian jaywalks across a busy street and is hit by a car, the pedestrian may be found at fault for the accident.
Similarly, if a pedestrian is under the influence of drugs or alcohol and stumbles into the street, causing an accident, they may also be held liable.
However, the vehicle driver may also be found at fault if they behaved negligently or broke traffic laws. For example, if a driver is distracted or impaired and strikes a pedestrian in a crosswalk, the driver may be found at fault for the accident. Additionally, if a driver fails to yield the right-of-way to a pedestrian or disobeys traffic signals, they may also be liable for the incident.
Proving Negligence
If the pedestrian can prove that they were not at fault and the driver was negligent, they may recover compensation for their medical expenses, lost wages, and other costs related to the accident. In addition, a lawyer can help you pursue compensation for your injuries by filing a personal injury claim against the driver.
The Issue of Shared Liability
It is also possible for both parties to share liability for the accident. The issue of shared liability depends on each state. An experienced pedestrian accident lawyer can help sort through the accident’s details and determine who was at fault.
What Happens if You Are Found Liable?
If the pedestrian is found to be at fault for the accident, they may be held liable for any damages caused to the driver or the vehicle. This can include property damage, medical expenses, lost wages, and other costs related to the accident. The pedestrian may also face criminal charges if they behave negligently or break traffic laws.
On the other hand, if the driver is found to be at fault, they may be held liable for any damages caused to the pedestrian. This can include medical expenses, lost wages, and other costs related to the accident. The driver may also face criminal charges if they behave negligently or break traffic laws.
Seeking Medical Care for Injuries
In pedestrian accident cases, injuries are usually severe, as a pedestrian has little or no protection against a moving vehicle, so it is always important to seek medical attention as soon as possible and to contact an experienced pedestrian accident lawyer to help you through the process of filing a claim and getting the compensation you deserve.
Common injuries pedestrians can suffer after an accident include:
Musculoskeletal injuries
Spinal injuries
Traumatic brain injury
Broken bones
Internal injuries
Chest and abdominal injuries
Contacting the Insurance Company
It is also important for both the pedestrian and the driver to contact their insurance companies as soon as possible to report the accident and file a claim. Insurance companies will often work to settle the claim out of court. However, a lawsuit may be necessary in some cases to recover compensation for the pedestrian’s injuries.
Seek Legal Guidance After a Pedestrian Accident
In conclusion, pedestrian-vehicle accidents can be complex and often result in serious injuries to the pedestrian. The pedestrian or the driver may be held liable for the accident depending on the specific circumstances.
The best way to protect your rights and pursue compensation for your injuries is to contact an experienced pedestrian accident lawyer. This will help you understand your rights and options and determine your case’s best course of action.
About the author:
With a BA in communications and paralegal experience, Irma Dengler decided to make the best of her writing skills. She decided to turn complicated legal matters into something more palatable for the masses. Therefore, Irma became a law communicator who writes about everyday problems so everyone can understand them and take the appropriate action. She specialized in personal injury cases, as they are more common than anyone thinks, but her areas of expertise also include civil law, criminal law, insurance-related issues, and more.
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