Pedestrian accidents are among the most devastating types of traffic incidents. When a person is hit by a vehicle, the consequences can be life-altering. In such scenarios, a pedestrian accident attorney plays a crucial role in helping victims secure justice and fair compensation. This article will explore the responsibilities of a pedestrian accident lawyer, legal rights of injured pedestrians, common causes of these accidents, and how victims can build a strong case.
Understanding Pedestrian Accidents
Pedestrian accidents occur when a person on foot is injured in a traffic collision involving vehicles, bicycles, or other mobile equipment. Unlike drivers or passengers inside vehicles, pedestrians lack protection and are extremely vulnerable to injuries. These accidents often lead to catastrophic injuries, including brain trauma, spinal cord damage, broken bones, or even death.
According to the National Highway Traffic Safety Administration (NHTSA), thousands of pedestrians are killed each year in the U.S., and hundreds of thousands are injured. Most pedestrian accidents occur in urban areas, intersections, or places with poor lighting.
Common Causes of Pedestrian Accidents
Several factors contribute to pedestrian accidents, including:
Distracted Driving
One of the leading causes is distracted driving. Drivers texting, eating, adjusting music, or using GPS can easily overlook pedestrians.
Speeding
Speeding reduces reaction time and increases the severity of injuries in a collision. High-speed areas pose significant risks to pedestrians.
Failure to Yield
Many drivers fail to yield to pedestrians at crosswalks or intersections, violating traffic laws and causing serious injuries.
Impaired Driving
Drivers under the influence of alcohol or drugs are more likely to make poor decisions, miss traffic signs, or lose control of their vehicle.
Poor Visibility
At night or during inclement weather, drivers may struggle to see pedestrians, especially if they wear dark clothing or walk outside designated zones.
Jaywalking or Unsafe Pedestrian Behavior
While drivers are often at fault, some accidents occur due to pedestrian negligence, such as crossing streets mid-block, ignoring signals, or walking while distracted.
Legal Rights of Pedestrian Accident Victims
Pedestrians have specific rights under state and federal laws. If a pedestrian is injured due to a driver’s negligence, they are entitled to seek compensation for:
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Medical expenses
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Lost wages
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Pain and suffering
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Emotional distress
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Long-term care costs
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Punitive damages (in extreme cases)
Each case depends on the specific laws of the jurisdiction. A pedestrian accident attorney ensures the victim’s rights are protected and helps pursue legal action.
Role of a Pedestrian Accident Attorney
Hiring a skilled pedestrian accident attorney can significantly affect the outcome of a case. Here’s how they assist victims:
Legal Consultation and Case Evaluation
The attorney provides an initial consultation to understand the facts of the case. They evaluate medical reports, police records, and eyewitness accounts to determine liability and potential compensation.
Gathering Evidence
Building a strong claim requires extensive evidence. Lawyers collect surveillance footage, photographs, accident reconstruction reports, and expert testimonies.
Communicating with Insurance Companies
Dealing with insurance adjusters can be challenging. Attorneys handle all communication, negotiate settlements, and ensure victims aren’t pressured into unfair deals.
Filing a Lawsuit
If negotiations fail, the attorney files a personal injury lawsuit on behalf of the victim, ensuring all procedural and legal requirements are met.
Representing the Client in Court
If the case proceeds to trial, the lawyer presents arguments, cross-examines witnesses, and works to prove the defendant’s liability.
Proving Liability in a Pedestrian Accident Case
To succeed in a pedestrian accident claim, the attorney must prove:
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Duty of Care: The driver had a legal obligation to drive safely.
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Breach of Duty: The driver violated that duty (e.g., speeding or distracted driving).
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Causation: The breach directly caused the pedestrian’s injuries.
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Damages: The victim suffered losses as a result (medical costs, lost income, etc.).
In some cases, comparative negligence laws may apply, reducing compensation if the pedestrian shared some fault.
Statute of Limitations
Every state imposes a deadline for filing personal injury claims, known as the statute of limitations. This can range from 1 to 3 years in most states. Failing to file within this time frame may result in loss of the right to sue. A pedestrian accident lawyer ensures all paperwork is filed on time.
What to Do After a Pedestrian Accident
If you’re involved in a pedestrian accident, follow these steps:
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Seek Medical Help Immediately
Even if injuries appear minor, it’s essential to get a thorough medical evaluation. -
Call the Police
A police report is critical for establishing facts and liability. -
Collect Evidence
Take photographs of the scene, injuries, vehicle, and road conditions. Get contact details of witnesses. -
Do Not Admit Fault
Avoid making statements that may be used against you later. Let the investigation reveal the facts. -
Consult a Pedestrian Accident Attorney
Legal guidance ensures your rights are preserved from the beginning.
Compensation Available for Victims
A pedestrian accident attorney helps secure various types of compensation, including:
Economic Damages
These cover tangible losses such as:
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Emergency room bills
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Surgeries and rehabilitation
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Future medical care
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Lost income and earning capacity
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Property damage (if any)
Non-Economic Damages
These compensate for intangible losses like:
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Pain and suffering
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Mental anguish
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Loss of enjoyment of life
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Permanent disability or disfigurement
Punitive Damages
In cases of gross negligence (e.g., drunk driving), courts may award punitive damages to punish the at-fault driver.
Wrongful Death Claims in Pedestrian Accidents
If a pedestrian dies from injuries sustained in an accident, their family can file a wrongful death claim. Compensation may include:
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Funeral and burial costs
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Medical bills before death
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Loss of consortium
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Loss of financial support
A wrongful death attorney with pedestrian accident experience can guide surviving relatives through this complex legal process.
How to Choose the Right Pedestrian Accident Lawyer
The outcome of your case heavily depends on your lawyer’s skills. Consider the following when choosing a pedestrian accident attorney:
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Experience in pedestrian and traffic injury cases
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Positive track record and client reviews
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Availability and communication style
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Trial experience in case litigation is necessary
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Contingency fee basis (no win, no fee)
Most reputable attorneys offer a free initial consultation, allowing you to assess their suitability before committing.
Common Defenses Used by At-Fault Drivers
In many cases, at-fault parties and their insurers attempt to reduce or deny liability using the following defenses:
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The pedestrian was jaywalking or crossing against the signal.
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The victim was intoxicated or distracted (e.g., using a phone).
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The driver could not have avoided the accident due to road conditions.
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The pedestrian suddenly entered the roadway.
An experienced attorney can counter these tactics by presenting clear evidence and testimony that supports the pedestrian’s claim.
The Importance of Timely Action
Delaying legal action can hurt your chances of recovering fair compensation. As time passes, evidence can be lost, witnesses may forget details, and deadlines can expire. It’s crucial to act quickly after a pedestrian accident by consulting an attorney who can start building your case immediately.
FAQs About Pedestrian Accident Attorneys
Do I need a lawyer for a minor pedestrian accident?
Yes. Even seemingly minor injuries can evolve into long-term issues. An attorney ensures you receive appropriate medical care and fair compensation.
How much does a pedestrian accident attorney charge?
Most work on a contingency fee basis, meaning they only get paid if you win. The typical fee ranges from 25% to 40% of the settlement.
What if the driver left the scene?
If it’s a hit-and-run, your attorney can help pursue compensation through uninsured motorist coverage or state victim funds.
Can I still file a claim if I was partially at fault?
Yes. Many states follow comparative negligence laws, which allow you to recover a reduced percentage of damages based on your fault.
Conclusion
Pedestrian accidents are traumatic and complex. The physical, emotional, and financial toll can be overwhelming, especially without proper legal support. Hiring a dedicated pedestrian accident attorney ensures your rights are protected, the responsible party is held accountable, and you receive the compensation you deserve.
If you or a loved one has been injured in a pedestrian accident, don’t delay. Reach out to a qualified pedestrian accident lawyer today and take the first step toward justice and recovery.