Pedestrian Accident Claims: What Are Your Rights?

Accidents involving pedestrians can change a person’s life. Knowing your rights as a pedestrian is essential, regardless of the severity of your injuries or long-term, severe handicap. The main facets of pedestrian accident claims will be covered in this article, including your legal rights, what to do following an accident, and how to get the most money attainable for your injuries.

Understanding the rights of a pedestrian:

The legislation grants pedestrians certain rights to safeguard them on sidewalks and roadways. Although these rights frequently change based on where you live, several universal rules are applicable:

• The entitlement to safe crossings: Pedestrians are entitled to secure use of crosswalks. At designated crossings, drivers are required by law to cede the right-of-way.
• Right to Restitution: You can pursue damages for pain and suffering, lost income, medical costs, and other damages if a driver’s carelessness causes an accident.
• Joint Accountability: Pedestrians must abide by traffic laws even if they have the right to use public areas safely. For example, they may receive less money if they cross the street against traffic signals or jaywalks.

Steps to take after a pedestrian:

The steps you take immediately following an accident might significantly influence your ability to make a successful claim. Here’s what you need to do:

• Seek medical attention: Even if you feel good, traumas such as concussions or internal damage may not cause symptoms right away. Always see a medical practitioner for a complete examination.
• Document the scene: Take pictures or videos of the accident scene, including your injuries, the car, traffic signs, and road conditions. These details can be used as proof later.
• Collect witness information: Eyewitnesses might give vital testimony to support your allegation. Get their names and contact information.
• File a police report: Ensure the police are summoned to the scene. A written report will help determine the specifics of the accident

Related Post: Can You File an Accident Claim Without a Police Report?

Type of compensation you can claim:

Following a pedestrian accident, you may be eligible for various compensation options, depending on the severity of your injuries and other circumstances. Here are the most popular ones:

• Medical expenses: This covers the price of emergency care, surgery, physical therapy, and any long-term treatment you may require.
• Lost Wages: If your injuries prevent you from working, you can seek compensation for the money you missed while recovering.
• Pain and Suffering: Non-economic losses such as mental anguish, bodily suffering, and a lower quality of life may also be covered.
• Punitive damages: If the driver was severely negligent (fe.g. driving under the influence), the court may impose punitive damages to penalize the at-fault motorist.

Common challenges in pedestrian Accident claims:

Filing a pedestrian accident claim isn’t always straightforward. Here are some issues you may encounter:

• Proving Fault: It is crucial to establish that the driver was at fault. Otherwise, insurance companies may seek to transfer liability to the pedestrian.
• Comparative negligence: In rare situations, you may be partially responsible for the accident. This may lower your compensation under comparative negligence regulations.
• Dealing With Insurance Companies: Insurers frequently want to reduce losses. Legal counsel guarantees that your rights are safeguarded.

How a lawyer can help:

A competent personal injury lawyer may significantly impact your pedestrian accident case. They can do:

• Investigate the accident and gather evidence to establish fault.
• Negotiate with insurance companies to reach a reasonable payment.
• If the case proceeds to trial, we will represent you in court.

Hiring a lawyer can help alleviate the stress associated with legal and insurance issues, enabling you to concentrate on your rehabilitation.

Tips for preventing pedestrian accidents:

While not every accident is preventable, there are things you may do to lower your risk:

• Always utilize the crosswalks and obey traffic signals.
• Stay vigilant and avoid distractions, such as texting while walking.
• When strolling at night, use brightly colored or luminous apparel.
• Be cautious near driveways or parking lots where vehicles may suddenly back out.

Final Thoughts:

Pedestrian accident lawsuits can be complicated, but knowing your rights is the first step in getting the compensation you deserve. You may handle the claims procedure more efficiently if you take the necessary actions following an accident and seek competent legal assistance. Remember, as a pedestrian, the law is on your side, and you do not have to deal with the consequences of a collision alone.

Don’t wait for aid if you’ve been involved in a pedestrian accident. Protect your rights and seek the justice you deserve.