Pedestrian Accidents

The most common causes of pedestrian accidents include:

• Driver distraction: Drivers who are texting, talking on the phone, eating, or engaging in other distractions can easily overlook pedestrians, leading to accidents.
• Speeding: High-speed driving reduces a driver’s reaction time and increases the severity of injuries in the event of a collision with a pedestrian.
• Failure to yield: Drivers who do not yield the right-of-way to pedestrians at crosswalks or intersections often cause accidents.
• Impaired driving: Alcohol and drugs impair a driver’s ability to operate a vehicle safely, significantly increasing the risk of accidents.
• Poor visibility: Accidents are more likely to occur at night, during bad weather, or in poorly lit areas where drivers may have difficulty seeing pedestrians.
• Ignoring traffic signals: Drivers who run red lights or stop signs can strike pedestrians who are lawfully crossing the rent.
• Left-hand turns: Drivers making left-hand turns may focus on oncoming traffic and fail to see pedestrians crossing the street.
• Backing up: Drivers reversing out of driveways or parking spaces without checking for pedestrians can cause accidents.
• Jaywalking: Pedestrians crossing streets outside of designated crosswalks or against traffic signals can increase the risk of being hit by a vehicle.

After being involved in a pedestrian accident, it is crucial to take several steps to ensure your well-being and protect your legal rights:

• Seek medical attention: Prioritize your health by seeking immediate medical care, even if you don’t feel seriously injured. Some injuries may not be apparent right away.
• Report the accident: Contact the police and file a report. Obtain a copy of the police report or the report number, as this documentation will be important for your case.
• Document the scene: Take photographs of the accident scene, including any damage to vehicles, the location of the incident, and any visible injuries. If possible, capture photos from different angles.
• Gather witness information: Collect contact information from any witnesses who saw the accident. Their statements can provide valuable evidence for your case.
• Do not discuss fault: Avoid discussing fault or making statements that could be used against you. Simply provide the necessary information to the police and medical personnel.
• Keep records: Maintain detailed records of all medical treatments, expenses, and any impact on your daily life, such as missed work or activities.
• Contact an attorney: Consult with an experineced personal injury attorney to discuss your legal options. They can help you understand your rights, gather evidence, and guide you through the claims process.
• Notify your insurance: Inform your insurance company about the accident, but be cautious when providing statements. It’s often best to have your attorney handle communications with insurance companies.

In a pedestrian accident case, several parties can potentially be held liable, depending on the circumstances of the incident:

• The driver: Most commonly, the driver of the vehicle involved in the accident can be held liable if they were negligent. This can include behaviors such as speeding, distracted driving, impaired driving, failing to yield, or disobeying traffic signals.
• The pedestrian: In some cases, the pedestrian may share some responsibility if they were jaywalking, crossing against traffic signals, or behaving in a way that contributed to the accident.
• Municipalities or government entities: If poor road conditions, inadequate signage, or malfunctioning traffic signals contributed to the accident, a government entity responsible for road maintenance and safety may be held liable.
• Vehicle manufacturers: If a vehicle defect, such as brake failure, contributed to the accident, the manufacturer or a mechanic responsible for faulty repairs could be held liable.
• Third parties: Other parties, such as employers (if the driver was on the job) or other drivers whose actions indirectly caused the accident, might also be held responsible.

Determining liability in a pedestrian accident case often requires a thorough investigation which can be performed by an experienced attorney.

Yes, you can still recover damages if you were partially at fault for the accident, depending on the laws in your state. Most states follow one of two legal doctrines to determine compensation in such cases:

• Comparative negligence: Under comparative negligence, your compensation is reduced by your percentage of fault. For example, if you are found to be 20% at fault for the accident, your compensation would be reduced by 20%. There are two types of comparative negligence:
  • Pure comparative negligence: You can recover damages even if you are up to 99% at fault, though your compensation will be proportionately reduced.
  • Modified comparative negligence: You can recover damages only if you are less than 50% or 51% at fault, depending on the state. If your fault exceeds this threshold, you cannot recover any damages.
• Contributory negligence: A few states follow the contributory negligence rule, which bars you from recovering any damages if you are found to be even slightly at fault for the accident.

An experienced attorney can help you understand the specific laws in your state, assess your level of fault, and work to maximize your compensation despite any partial fault.

In a pedestrian accident case, you can seek various types of compensation to cover the damages you have suffered. These may include:

• Medical expenses: Compensation for all medical costs related to the accident, including emergency care, hospital stays, surgeries, medications, physical therapy, and any necessary ongoing treatment.
• Lost wages: Reimbursement for income lost due to time off work needed to recover from your injuries. This includes compensation for future lost earnings if your injuries impact your ability to work long-term.
• Pain and suffering: Damages for the physical pain and emotional suffering caused by the accident. This can include compensation for chronic pain, mental anguish, anxiety, depression, and other psychological impacts.
• Emotional distress: Specific compensation for the emotional trauma and psychological effects of the accident, such as PTSD or other mental health conditions resulting from the incident.
• Loss of enjoyment of life: Compensation for the loss of ability to enjoy daily activities, hobbies, and other aspects of life that you were able to participate in before the accident.
• Disability and disfigurement: Damages for any permanent disabilities or disfigurement resulting from the accident, which can significantly affect your quality of life and future earning capacity.
• Property damage: If any personal property, such as a cell phone or clothing, was damaged in the accident, you can seek compensation for the repair or replacement costs.
• Punitive damages: In cases where the driver’s conduct was particularly egregious or reckless, you may be awarded punitive damages. These are intended to punish the wrongdoer and deter similar behavior in the future.

To prove negligence in a pedestrian accident case, you need to establish the following four key elements:

• Duty of care: Show that the driver owed you a duty of care. All drivers have a legal obligation to operate their vehicles safely and obey traffic laws to avoid causing harm to others, including pedestrians.
• Breach of duty: Demonstrate that the driver breached this duty of care. This can involve proving that the driver engaged in negligent behavior, such as speeding, distracted driving, running a red light, or failing to yield to a pedestrian in a crosswalk.
• Causation: Establish a direct link between the driver’s breach of duty and the injuries you sustained. You must show that the driver’s negligent actions directly caused the accident and your resulting injuries.
• Damages: Provide evidence of the actual damages you suffered as a result of the accident. This can include medical bills, lost wages, pain and suffering, emotional distress, and other related expenses.

To effectively prove negligence, you can gather the following types of evidence:

• Police reports: Official documentation of the accident, including the officer’s observations, and any citations issued to the driver.
• Witness statements: Testimonies from people who saw the accident can corroborate your account of the events.
• Photographs and videos: Visual evidence of the accident scene, vehicle damage, and your injuries can help establish the circumstances of the accident.
• Medical records: Documentation of your injuries and treatment provides proof of the harm you suffered.
• Traffic camera footage: Video recordings from nearby traffic cameras can show the driver’s actions leading up to the accident.
• Expert testimony: Accident reconstruction experts or medical professionals can provide specialized insights into the cause of the accident and the extent of your injuries.

If the driver who hit you doesn’t have insurance, you still have options to seek compensation for your injuries and damages:

• Uninsured motorist (UM) coverage: If you have uninsured motorist coverage as part of your own auto insurance policy, you can file a claim with your insurance company, even if you were a pedestrian in the accident. UM coverage is designed to cover your medical expenses, lost wages, and other damages when the at-fault driver lacks insurance.
• Underinsured motorist (UIM) coverage: If the driver has some insurance, but not enough to cover all your damages, your underinsured motorist coverage can help make up the difference. This coverage comes into play when the at-fault driver’s insurance is insufficient to fully compensate you.
• Personal injury protection (PIP) or MedPay: Depending on your insurance policy and state regulations, you may have PIP or MedPay coverage. These types of coverage can help pay for your medical expenses regardless of who was at fault in the accident.
• Health insurance: Your health insurance can cover your medical bills resulting from the accident. However, you may need to reimburse your health insurer from any future settlement or judgment you receive.
• Suing the driver personally: If the at-fault driver has no insurance, you can file a personal injury lawsuit against them. If you win the lawsuit, you may be able to collect damages from the driver’s personal assets. However, this option can be challenging if the driver has limited assets.
• State compensation funds: Some states have compensation funds or programs for victims of uninsured or hit-and-run drivers. These programs vary by state and may provide some financial assistance for medical expenses and other damages.