Liability In Pedestrian Accident Cases
Pedestrian accidents occur when a person on foot is struck by a motor vehicle, for example while in a crosswalk or on a sidewalk. These accidents can result in severe injuries and even fatalities. Please contact a skilled personal injury attorney today if you or a loved one was injured by a vehicle while on foot. Victims deserve fair compensation for their injuries.
Proving Liability
Pedestrians injured by a motorist can try to receive compensation for their injuries by filing an injury claim or lawsuit. To succeed, the injury victim will have to show that the motorist acted negligently. “Negligence” is essentially a legal term meaning that a driver acted unreasonably under the circumstances. Parties often establish negligence by analyzing all of the facts within a case.
Consider, for example, the scenario where you are hit by a vehicle while crossing the street in a crosswalk. You have evidence that shows that the driver of the vehicle was speeding and also was texting while driving. Here, you can try to show that the driver was negligent since the party was speeding and texting. A reasonable and safe driver would not do either of these while operating a vehicle.
Note that proving fault or negligence in pedestrian accidents may involve:
- Eyewitness testimonies,
- Surveillance footage,
- Photos,
- Accident reconstruction experts, and
- Other evidence that supports the injured party’s claims.
Comparative Negligence
In some cases, both the pedestrian and the driver may share responsibility for the pedestrian accident. Comparative negligence laws vary by jurisdiction but generally allow for the injured party to recover damages proportionate to the other party’s fault. For example, if a pedestrian is found to be 20% at fault for an accident, their compensation may be reduced by that percentage.
Common Causes of Pedestrian Accidents
While pedestrian accidents can happen for a variety of reasons, there are some common acts/events that cause them. These include drivers:
- Driving while distracted (for example, texting or talking on the phone while driving),
- Speeding,
- Failing to yield the right-of-way to pedestrians,
- Driving while under the influence of alcohol or drugs, and
- Ignoring traffic signals.
A skilled personal injury attorney can help you gather evidence that shows what caused your pedestrian accident.
Compensation in Pedestrian Accident Cases
Victims of pedestrian accidents may be entitled to compensation for:
- Medical expenses,
- Lost wages,
- Future lost earning capacity,
- Property damage, and
- Pain and suffering.
Seeking Legal Representation
Navigating the legal complexities of a pedestrian accident case can be challenging, especially when dealing with insurance companies and opposing legal teams. Victims are encouraged to seek the assistance of an experienced personal injury attorney who can guide them through the legal process, advocate for their rights, and help secure fair compensation.
Contact Justice Through Compensation for Help
If you or a loved one was injured in an accident involving a motor vehicle, please know that the law firm of Justice Through Compensation is here to help. Our legal team is skilled, experienced, and passionate in their representation. Let us shoulder the burden of an injury claim or lawsuit while you focus on healing from your injuries. Contact us today for the quality legal help you deserve.
* Main image at top by Freepik