Pedestrian Accident Lawyer

December 10, 2020
Blog

Understanding Pedestrian Accidents: Legal Insights from The Money Team Law Firm

Pedestrian accidents are unfortunately all too common, and they can lead to life-altering consequences for those involved. Whether you are crossing the street, walking on a sidewalk, or simply near a busy intersection, a moment of negligence or carelessness can result in serious injuries.

As pedestrians have little protection in the event of a collision, the resulting injuries can range from mild to catastrophic. If you or a loved one has been involved in a pedestrian accident, understanding your legal rights and seeking professional legal representation is essential.

At The Money Team Law Firm, we specialize in helping victims of pedestrian accidents recover the compensation they deserve. Our team of experienced pedestrian accident lawyers and pedestrian accident attorneys is dedicated to guiding you through every step of the claims process. We will ensure your case is handled with the care and expertise it deserves, allowing you to focus on your recovery.

In this guide, we’ll discuss the various aspects of pedestrian accident claims, including common causes, types of injuries, liability, compensation, and more. Our pedestrian accident lawyers will also provide you with the essential steps to take after an accident, as well as the critical role of a skilled pedestrian accident lawyer in maximizing your recovery.

Common Causes of Pedestrian Accidents

Understanding the causes of pedestrian accidents can help victims and their families take proactive steps to avoid future accidents. While pedestrians are most vulnerable in accidents with motor vehicles, the causes can range from driver negligence to environmental hazards.

Driver Negligence

One of the leading causes of pedestrian accidents is driver negligence. Drivers who are distracted, speeding, or under the influence of alcohol or drugs are more likely to cause accidents involving pedestrians. In today’s fast-paced world, distractions such as texting, eating, or talking on the phone can cause drivers to miss pedestrians crossing the street, especially in busy urban environments. Speeding also reduces the driver’s ability to stop in time to avoid hitting a pedestrian, especially in areas with heavy foot traffic.

A pedestrian accident lawyer from The Money Team Law Firm can help you prove that the driver was negligent in their actions and hold them accountable for the accident. This may involve obtaining accident reports, witness statements, and other critical evidence to show how the driver’s behavior contributed to the collision.

Environmental Factors

Environmental factors such as poor road conditions, inadequate lighting, and defective crosswalks can contribute to pedestrian accidents. Many pedestrian accidents occur at night or in areas with insufficient street lighting, making it difficult for drivers to see pedestrians. Similarly, poorly maintained roads or sidewalks, including potholes, uneven surfaces, or construction zones, can make it dangerous for pedestrians to walk safely.

In cases where poor infrastructure or environmental factors contributed to the accident, the public entity responsible for maintaining the roadways may share liability. A pedestrian accident attorney can investigate the circumstances of the accident and identify any environmental factors that may have played a role in the crash.

Pedestrian Behavior

While the majority of pedestrian accidents are caused by driver negligence, pedestrians themselves may sometimes be partially at fault. Pedestrians who jaywalk, cross against traffic signals, or walk while distracted (e.g., texting or listening to music) can put themselves in harm’s way. However, even when a pedestrian is partially responsible for the accident, they may still be entitled to compensation under the doctrine of comparative negligence.

At The Money Team Law Firm, our pedestrian accident lawyers will work to determine the full extent of liability in your case. If you were partially at fault for the accident, our pedestrian accident attorneys work to ensure that your compensation is not unfairly reduced.

Types of Injuries Resulting from Pedestrian Accidents

Due to the lack of protection for pedestrians, the injuries sustained in pedestrian accidents are often severe and can lead to long-term medical expenses and emotional distress. Below are some of the most common injuries that pedestrians may suffer in a collision.

Physical Injuries

The physical injuries resulting from pedestrian accidents vary in severity, but they often include:

Fractures and Broken Bones: Impact from a vehicle can result in broken bones, particularly in the legs, arms, and ribs. These fractures may require surgery and long-term rehabilitation.
Traumatic Brain Injuries (TBI): A blow to the head can cause concussions or more severe brain injuries, including skull fractures and internal bleeding. TBI can result in long-term cognitive issues and may require extensive medical treatment.
Spinal Cord Injuries: Injuries to the spine can result in paralysis or permanent disability. A pedestrian accident attorney will ensure that these long-term consequences are factored into your claim for compensation.
Internal Injuries: Pedestrians can also suffer damage to vital organs such as the lungs, heart, liver, or kidneys in the event of a collision.

Psychological and Emotional Injuries

The psychological effects of being involved in a pedestrian accident are often just as debilitating as the physical injuries. Victims may experience:

Post-Traumatic Stress Disorder (PTSD): PTSD is a common response to the trauma of a serious accident. Symptoms may include flashbacks, nightmares, and heightened anxiety.
Depression and Anxiety: The emotional toll of a pedestrian accident can lead to depression, particularly if the victim faces long-term disability or physical limitations. Therapy and counseling may be necessary to address these issues.

Long-Term Consequences

Some injuries sustained in pedestrian accidents can result in permanent disabilities that require ongoing medical care, rehabilitation, or assistance with daily activities. This can include:

Chronic pain and mobility impairments from fractures or spinal injuries.
Cognitive impairments from traumatic brain injuries.
Psychological impact, which can affect a victim’s ability to return to work or participate in everyday activities.

Determining Liability in Pedestrian Accidents

Determining liability in a pedestrian accident is a crucial step in securing the compensation you deserve. Pedestrian accident lawyers are experienced at investigating the cause of the accident, identifying all liable parties, and gathering the necessary evidence to support your claim. Understanding who is responsible for the accident can significantly impact the outcome of your case, and having a skilled pedestrian accident attorney on your side ensures that all aspects of liability are properly addressed.

Driver Responsibility in Pedestrian Accidents

In most pedestrian accidents, the driver of the vehicle is considered the primary party responsible for the crash. Drivers have a duty to yield to pedestrians, especially in crosswalks and at intersections, and they are legally required to stop for pedestrians who are crossing the street. However, if the driver was speeding, distracted, or driving under the influence of alcohol or drugs, they can be held liable for the accident. These types of driver negligence are common causes of pedestrian accidents, and a pedestrian accident lawyer will gather the evidence needed to show how the driver’s actions directly contributed to the crash.

Pedestrian accident attorneys also examine factors such as whether the driver was obeying traffic laws at the time of the collision. For example, if the driver failed to stop at a red light or ran a stop sign, they may be found entirely or partially at fault for the accident.

Pedestrian Responsibility in Accidents

While pedestrians have the right of way in many situations, they also have a responsibility to follow the rules of the road. Pedestrians must cross streets safely by using crosswalks, waiting for traffic signals, and being alert to any oncoming vehicles. If a pedestrian fails to adhere to these safety measures, such as jaywalking or crossing against a signal, they may be considered partially responsible for the accident. Even though the pedestrian may have violated traffic laws, they can still be eligible to recover compensation under the principle of comparative negligence.

If the pedestrian’s actions contributed to the accident, such as crossing the street outside of a designated crosswalk or failing to look both ways before crossing, the pedestrian accident attorney will assess the level of responsibility the pedestrian has in the accident. The legal team will then factor that into the overall compensation you are entitled to receive.

Shared Fault and Comparative Negligence in Pedestrian Accidents

In cases where both the driver and the pedestrian share fault for the accident, the concept of comparative negligence comes into play. Comparative negligence is a legal principle that allows for compensation to be awarded even when the victim shares some responsibility for the incident. The amount of compensation a victim can recover will be reduced in proportion to their share of fault. For example, if the pedestrian is found to be 20% responsible for the accident, their damages will be reduced by 20%.

For victims of pedestrian accidents, it’s essential to work with a skilled pedestrian accident attorney who can help ensure that the degree of fault is accurately assessed and that you receive the full compensation to which you are entitled. A pedestrian accident lawyer will help investigate the circumstances, gather evidence, and negotiate with insurance companies to ensure a fair settlement, even in cases where shared fault exists. At The Money Team Law Firm, our team of pedestrian accident attorneys are dedicated to protecting your interests and ensuring that your compensation reflects the true extent of your injuries and losses.

In cases where comparative negligence applies, The Money Team Law Firm will work to minimize your percentage of fault and maximize your compensation. Our pedestrian accident lawyers have experience handling complex cases where both the driver and the pedestrian share liability, ensuring that your legal rights are upheld.

Steps to Take After a Pedestrian Accident

After a pedestrian accident, it’s essential to take specific steps to protect your legal rights and ensure you have the necessary evidence for your claim.

Immediate Actions

Seek Medical Attention: Even if you feel fine, it’s essential to get a thorough medical evaluation. Some injuries, such as internal bleeding or concussions, may not show symptoms immediately.
Report the Accident: Call the police and ensure an accident report is filed. This document will be critical in establishing the facts of the case.
Gather Evidence: If possible, take photos of the accident scene, your injuries, and any damage to the vehicle. Collect witness contact information and obtain any available surveillance footage.

Legal Considerations

Contact a Pedestrian Accident Lawyer: As soon as possible, contact an experienced pedestrian accident attorney from The Money Team Law Firm. Our team of pedestrian accident attorneys will guide you through the process and ensure your case is handled promptly.
File a Claim: After your initial consultation, your pedestrian accident lawyer will assist you in filing a claim and negotiating with insurance companies to get the compensation you deserve.

Compensation Available for Pedestrian Accident Victims

Victims of pedestrian accidents often face significant physical, emotional, and financial challenges. The compensation available to them can help ease the burden of medical expenses, lost income, pain, and other consequences caused by the accident. At The Money Team Law Firm, our experienced pedestrian accident lawyers are committed to ensuring you receive full and fair compensation for the injuries and damages you’ve suffered. Below is an in-depth look at the various types of compensation that may be available to you after a pedestrian accident.

1. Medical Expenses

Medical expenses are one of the most immediate financial concerns following a pedestrian accident. Injuries sustained from pedestrian accidents can vary from mild to severe, and medical costs can quickly become overwhelming. Compensation for medical expenses is essential to help you manage the costs of your recovery.

Medical expenses include:

Emergency Room Costs: These are the initial medical expenses for emergency treatment, diagnostic tests, and imaging services such as X-rays and MRIs.
Hospitalization: If the accident requires you to stay in the hospital, compensation will cover the cost of room and board, surgical procedures, and any specialized treatments required for your injuries.
Surgeries: In cases of severe injuries, such as traumatic brain injuries (TBI), spinal cord injuries, or fractures, surgery may be necessary. Compensation will cover the expenses of surgical procedures, anesthesia, and post-operative care.
Rehabilitation and Therapy: Many pedestrian accident victims require physical therapy or occupational therapy to regain mobility or functionality. These long-term rehabilitation costs can be substantial, and pedestrian accident attorneys work to ensure that these expenses are included in your claim.
Medications: The cost of prescription medications for pain management, antibiotics, and other treatments related to your injuries can be included in your medical expenses.
Home Care: For severe injuries that leave you unable to perform daily activities, compensation may also cover the cost of hiring a caregiver or personal assistance to help with household chores, bathing, and other necessary services.

The Money Team Law Firm ensures that all current and future medical expenses are thoroughly documented and included in your claim, so you don’t have to bear the financial burden of your recovery.

2. Lost Wages

If a pedestrian accident has caused you to miss work or has permanently impacted your ability to earn a living, you may be entitled to compensation for lost wages. Pedestrian accidents can lead to injuries that prevent you from working for days, weeks, months, or even years.

Compensation for lost wages includes:

Current Lost Wages: If your injuries force you to take time off work, compensation can cover the income you’ve lost during your recovery period. This is particularly important for people who are self-employed or those who do not have access to paid sick leave.
Future Lost Earnings: In cases where the accident results in long-term disability, pedestrian accident lawyers will calculate your future lost earning potential. This includes assessing the type of work you were doing, your career trajectory, and the impact of your injuries on your ability to perform your job duties. Future lost earnings may be significant in cases of catastrophic injury, such as brain trauma or paralysis.
Loss of Earning Capacity: If the injuries result in permanent physical or cognitive impairments that affect your ability to perform your job or pursue your career, compensation will account for the difference between your pre-accident earnings and your post-accident earning capacity.

The Money Team Law Firm works with financial experts and vocational rehabilitation professionals to ensure that you receive full compensation for any lost income, both in the short and long term.

3. Pain and Suffering

In addition to economic damages, pedestrian accident victims may be entitled to pain and suffering compensation. This category compensates for the physical pain, emotional distress, and mental anguish caused by the accident and the resulting injuries. Unlike medical expenses and lost wages, pain and suffering is a non-economic damage, meaning it is not tied to a specific dollar amount but is instead based on the severity of the injury and its impact on your life.

Pain and suffering includes:

Physical Pain: The pain you experience from your injuries, whether it’s from broken bones, head trauma, or long-term conditions like chronic pain or neurological disorders. Compensation is awarded based on the severity of your injuries and the duration of your pain.
Emotional Distress: Pedestrian accidents can cause significant psychological trauma. Victims often experience anxiety, depression, and fear due to the event, the recovery process, and the physical limitations caused by their injuries. The Money Team Law Firm works to ensure that the emotional toll of the accident is recognized and compensated.
Loss of Enjoyment of Life: If the accident has limited your ability to enjoy daily activities or hobbies, compensation for loss of enjoyment of life can be pursued. For example, if an injury prevents you from playing sports, traveling, or engaging in social activities, you may be entitled to compensation for the changes to your lifestyle.

At The Money Team Law Firm, our pedestrian accident lawyers take into account the full scope of your pain and suffering, using expert testimony and personal accounts to maximize your compensation for these non-economic damages.

4. Property Damage

In a pedestrian accident, property damage can occur, especially if the accident results in damage to personal belongings such as clothing, electronics, or devices you may have been carrying at the time of the incident. In addition to physical injuries, damaged property can cause financial distress and inconvenience.

Property damage compensation can cover:

Personal Items: If items like your smartphone, laptop, wallet, or clothing were damaged or destroyed during the accident, compensation will cover the cost to repair or replace them.
Medical Equipment: In cases where medical devices such as prosthetics, wheelchairs, or mobility aids are damaged, the cost of replacement can be included in your compensation.

Our pedestrian accident attorneys ensure that any property lost or damaged in the accident is accounted for, so you are not left financially burdened by these losses.

5. Punitive Damages

In cases where the defendant’s behavior is found to be grossly negligent or malicious, punitive damages may be awarded. These damages are not meant to compensate the victim for their injuries but rather to punish the wrongdoer and deter others from engaging in similar reckless or harmful behavior.

Punitive damages may apply in cases such as:

Drunk driving: If the driver was intoxicated at the time of the accident, punitive damages may be awarded as a deterrent against driving under the influence.
Intentional harm: If the pedestrian was intentionally struck or harmed, such as in a road rage incident, punitive damages may be applicable.
Gross negligence: In cases where the driver exhibited extreme negligence, such as ignoring traffic signals or driving at dangerously high speeds, punitive damages may be awarded to deter such behavior.

At The Money Team Law Firm, our pedestrian accident attorneys will investigate the circumstances of the accident to determine whether punitive damages are applicable and pursue them as part of your claim.

Why You Need an Experienced Pedestrian Accident Lawyer

Handling a pedestrian accident case involves navigating complex legal issues, including determining liability, calculating damages, and dealing with insurance companies. An experienced pedestrian accident attorney from The Money Team Law Firm is critical to ensuring you receive the full compensation you deserve. We will gather evidence, consult with medical and financial experts, and fight on your behalf to secure the maximum settlement or jury award possible.

If you or a loved one has been injured in a pedestrian accident, don’t wait to get the help you need. Contact The Money Team Law Firm for a free consultation today. Our dedicated pedestrian accident lawyers are here to guide you through the process and ensure you get the justice and compensation you deserve.

Dealing with Insurance Companies After a Pedestrian Accident

Insurance companies often try to minimize their payouts by offering low settlements or disputing the severity of the victim’s injuries. At The Money Team Law Firm, we are skilled in dealing with insurance companies to ensure you receive a fair settlement. Our pedestrian accident lawyers handle negotiations on your behalf, and if necessary, we will take your case to court to ensure you get the compensation you deserve.

Frequently Asked Questions About Pedestrian Accident Cases

What should I do immediately after being hit by a car as a pedestrian?

If you are hit by a car as a pedestrian, the first step is to seek medical attention, even if you feel fine. Some injuries, such as internal bleeding or concussions, may not be immediately apparent. After seeking medical care, report the accident to the police and ensure an accident report is filed. Collect evidence at the scene by taking photos, gathering witness contact information, and documenting your injuries. It’s also essential to contact a pedestrian accident lawyer as soon as possible to protect your rights and navigate the claims process.

How long do I have to file a pedestrian accident claim?

The time frame for filing a pedestrian accident claim depends on the state where the accident occurred. In general, you have one to three years to file a lawsuit. However, when the responsible party is a government entity, such as a city-operated bus system, the time frame may be shorter. To avoid missing deadlines, it’s important to contact a pedestrian accident attorney immediately after the accident.

What compensation can I receive after a pedestrian accident?

After a pedestrian accident, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, and even punitive damages in some cases. Medical expenses cover both immediate and long-term care, including surgeries, hospital stays, and rehabilitation. If the accident caused you to miss work, compensation for lost wages may be available, along with compensation for emotional distress and other non-economic damages. The Money Team Law Firm works to ensure all aspects of your damages are fully compensated.

What if the driver who hit me was uninsured or underinsured?

If the driver who hit you is uninsured or underinsured, you may still be able to recover compensation through your own uninsured motorist coverage (UMC) if your policy includes it. Additionally, your own health insurance may help cover medical costs. If you lack adequate coverage, a pedestrian accident attorney can help you explore alternative routes for compensation, such as pursuing a claim against other responsible parties or seeking compensation from a liable government agency.

How do insurance companies handle pedestrian accident claims?

Insurance companies often attempt to minimize payouts after a pedestrian accident by offering low settlement amounts or disputing the severity of your injuries. They may argue that the pedestrian was partially at fault, or they may use other tactics to reduce the payout. Having a pedestrian accident lawyer from The Money Team Law Firm is crucial to ensuring that your claim is properly handled. Our pedestrian accident lawyers handle all communications with insurance companies to make sure you receive fair compensation for your injuries.

What happens if the pedestrian was partially at fault for the accident?

If a pedestrian is partially at fault for the accident, comparative negligence laws may apply. In these cases, the compensation you are entitled to may be reduced based on the percentage of fault assigned to you. For example, if you are determined to be 20% at fault for the accident, your compensation will be reduced by 20%. Even if you share some responsibility, you may still be entitled to compensation. The Money Team Law Firm will work to minimize the amount of fault attributed to you, ensuring you receive the maximum compensation.

Can I sue a government entity for a pedestrian accident?

Yes, you may be able to sue a government entity for a pedestrian accident, but these cases are subject to sovereign immunity, which limits lawsuits against government agencies. Special rules apply when suing a city or government-run transit agency, including much shorter time limits to file a claim. An experienced pedestrian accident lawyer from The Money Team Law Firm can help you navigate these unique requirements and pursue the compensation you deserve.

What evidence is crucial for a pedestrian accident case?

The success of your pedestrian accident claim depends on the evidence collected after the accident. Essential evidence includes police reports, medical records documenting your injuries, witness statements, photographs of the accident scene and your injuries, and video footage, if available. Having a pedestrian accident attorney gather and preserve this evidence is crucial to building a strong case and ensuring you receive appropriate compensation.

How do I know if I have a valid pedestrian accident case?

If you were injured in a pedestrian accident and someone else’s negligence caused the accident, you likely have a valid claim. The key is proving that the driver, a government entity, or another party was responsible for the accident and that the accident caused your injuries. Consulting with an experienced pedestrian accident lawyer from The Money Team Law Firm is essential to evaluate the merits of your case and determine your best course of action.

How long does it take to resolve a pedestrian accident claim?

The time it takes to resolve a pedestrian accident claim depends on the complexity of the case, the severity of the injuries, and whether the case is settled or taken to trial. While some cases may settle quickly, others involving serious injuries or disputes over liability can take months or longer. The Money Team Law Firm will work diligently to resolve your claim as efficiently as possible while ensuring you receive the maximum compensation for your injuries.

Do I need a pedestrian accident lawyer if my injuries are minor?

Even if your injuries seem minor, it’s still important to consult with a pedestrian accident lawyer. Some injuries, such as soft tissue damage or whiplash, may not immediately show symptoms but can lead to long-term pain and complications. Having a pedestrian accident lawyer assess your claim ensures that all potential damages, including future medical costs and pain and suffering, are accounted for and that you receive fair compensation.

The Importance of Hiring a Pedestrian Accident Lawyer

Navigating a pedestrian accident claim can be complex, especially if there are disputes over liability, the extent of the injuries, or insurance coverage. An experienced pedestrian accident lawyer can help by handling all the legal aspects of your case. We’ll gather evidence, consult with experts, negotiate with insurance companies, and fight for your best interests every step of the way.

About The Money Team Law Firm

At The Money Team Law Firm, we are dedicated to providing exceptional legal representation to victims of pedestrian accidents. Our team of experienced pedestrian accident lawyers and personal injury attorneys understands the complexities involved in pedestrian injury cases and is committed to helping you recover the full compensation you deserve.

Pedestrians are vulnerable road users, and accidents involving pedestrians can result in severe injuries and life-altering consequences. When you’ve been injured in a pedestrian accident, having skilled legal representation is critical. Our pedestrian accident lawyers fight tirelessly to ensure that our clients receive fair compensation for medical expenses, lost wages, pain and suffering, and more.

Our pedestrian accident attorneys have extensive experience in handling pedestrian accident claims and understand the nuances of these types of cases. Whether your accident occurred due to a driver’s negligence, poor road conditions, or another factor, The Money Team Law Firm is equipped to handle all aspects of your claim. We conduct thorough investigations, gather evidence, and consult with experts to ensure that we hold the responsible parties accountable.

Our pedestrian accident lawyers offer personalized attention to each case, recognizing that every injury is unique and deserves a tailored approach. We work on a contingency fee basis, meaning you pay nothing unless we win your case. This allows you to pursue justice without worrying about upfront legal fees.

At The Money Team Law Firm, we are more than just your lawyers—we are your advocates. We are here to provide guidance, support, and strong legal representation throughout the entire process. If you or a loved one has been involved in a pedestrian accident, don’t hesitate to contact us today. Our team of pedestrian accident attorneys are ready to fight for the justice and compensation you deserve.

Contact Our Experienced Pedestrian Accident Attorneys Today

If you or a loved one has been involved in a pedestrian accident, don’t wait to get the help you need. The Money Team Law Firm offers free consultations, and we are available 24/7 to discuss your case. Our pedestrian accident lawyers are here to ensure you receive the compensation you deserve for your injuries.

Contact us today for a free consultation, and let us help you get the justice and compensation you need to move forward with your life.

At The Money Team Law Firm, our pedestrian accident lawyers are committed to fighting for your rights and securing the best possible outcome for your case.