Unfortunately, pedestrian accidents are common and can have devastating consequences. Numerous factors can contribute to these accidents, making these types of cases challenging. Some common causes include distracted driving, speeding, failure to yield, drunk driving, and poor visibility conditions. Additionally, poorly designed or maintained sidewalks and crosswalks and driver negligence or inattention can play a role.
As such, those who have been involved in a pedestrian accident should seek legal assistance. If you or a loved one has suffered an injury in a pedestrian accident, contact a pedestrian accident lawyer near you to ensure that your rights are protected and you receive the compensation you deserve.
Distracted Driving
One of the leading causes of pedestrian accidents is distracted driving. With the widespread use of smartphones and other electronic devices, drivers are often tempted to engage in activities like texting, talking on the phone, or using social media while behind the wheel. These distractions significantly reduce their ability to pay attention to the road and pedestrians, increasing the risk of accidents.
In addition to electronic distractions, drivers can be distracted by other factors such as eating, grooming, or daydreaming. Taking one's attention off the road, even for a few seconds, can have serious consequences.
Speeding
Speeding is another common cause of pedestrian accidents. When drivers exceed the posted speed limits, their ability to react to unexpected situations is reduced, making it more likely that they will be unable to stop in time to avoid hitting a pedestrian. Speeding also increases the severity of injuries when accidents occur, as the impact force is greater at higher speeds.
Failure to Yield
Failure to yield to pedestrians at crosswalks or intersections is a common cause of pedestrian accidents. Drivers are legally obligated to yield to pedestrians who have the right of way, especially at marked crosswalks. Unfortunately, many drivers fail to adhere to this legal requirement, often due to impatience or a lack of awareness. Failure to yield can result in catastrophic accidents, as pedestrians are left exposed to the force of a moving vehicle.
Drunk Driving
Drunk driving is a dangerous and negligent behavior that puts everyone on the road at risk, including pedestrians. When drivers are under the influence of alcohol or drugs, their coordination, judgment, and reaction times are significantly impaired. This increases the likelihood of them causing accidents and striking pedestrians. In fact, the Centers for Disease Control and Prevention (CDC) reports that in the United States, alcohol-impaired driving accounts for nearly one-third of all traffic-related deaths.
Poor Visibility Conditions
Poor visibility conditions, such as darkness, fog, or heavy rain, can also contribute to pedestrian accidents. Reduced visibility makes it difficult for drivers to see pedestrians, especially if they are not wearing reflective clothing. Additionally, poor lighting or lack of streetlights can further impair visibility and increase the risk of accidents.
Poorly Designed or Maintained Sidewalks and Crosswalks
In some cases, poorly designed or maintained sidewalks and crosswalks can contribute to pedestrian accidents. Uneven pavement, inadequate signage, or a lack of crosswalks can create hazardous conditions for pedestrians. When these infrastructural elements are not properly maintained, they increase the risk of tripping and falling or being struck by a vehicle.
The absence of sidewalks and safe pedestrian infrastructure can also put pedestrians at risk. When there are no sidewalks, pedestrians are forced to walk on the road, increasing the chance of accidents. Inadequate lighting, lack of designated walking areas, and poor maintenance of sidewalks and pedestrian paths can also compromise safety.
Driver Negligence or Inattention
Driver negligence or inattention is a contributing factor to many pedestrian accidents. This includes behaviors such as running red lights or stop signs, making illegal turns, or not paying attention to pedestrians while making a right turn on red. Accidents are bound to happen when drivers fail to exercise caution and disregard traffic laws.
It is important to note that the causes mentioned above are not an exhaustive list and that multiple factors can contribute to pedestrian accidents. If you or a loved one has suffered an injury in a pedestrian accident, be sure to seek legal assistance to protect your rights and receive the compensation you deserve. Contact a skilled pedestrian accident attorney near you to guide you through the legal process and ensure the best possible outcome for your case.
Impatient Drivers
Generally speaking, pedestrians have the right of way. If a pedestrian doesn't see your vehicle and starts crossing the street against the light, that pedestrian still has the right of way. Impatient drivers who fail to look out for pedestrians or attempt to drive around pedestrians actively using crosswalks cause many of these types of accidents.
Road Construction
Most individuals are far too familiar with the inconveniences that come with road construction. What many people may not realize is that road construction can force pedestrians to walk in areas where drivers do not expect them to be.
Pedestrian Accident Injuries
Pedestrian accidents can result in a wide range of injuries, varying in severity depending on the circumstances of the accident. Understanding these injuries is crucial for victims and their families to properly advocate for their rights and seek the appropriate legal recourse.
Head Injuries
Head injuries are one of the most common and severe types of injuries sustained in pedestrian accidents. These injuries can range from concussions and traumatic brain injuries (TBIs) to skull fractures. Head injuries can have long-lasting effects on an individual's cognitive abilities, motor functions, and overall quality of life. Seeking immediate medical attention is imperative in cases involving head injuries.
Spinal Cord Injuries (SCI)
When a pedestrian is struck by a vehicle, the impact can cause severe damage to the spinal cord. This can lead to paralysis or partial loss of function in various parts of the body. Spinal cord injuries (SCI) can have a profound impact on a person's daily activities, requiring extensive medical treatment, rehabilitation, and often long-term care.
Broken Bones
Pedestrian accidents often result in broken bones, including fractures in the arms, legs, hips, and pelvis. These injuries can cause significant pain, require extensive medical treatment, and may necessitate surgeries and physical therapy for a full recovery.
Internal Injuries
The force of a collision can cause internal injuries, such as damage to organs, internal bleeding, or ruptured blood vessels. Internal injuries may not be immediately apparent and can worsen over time if left untreated. Accident victims need to seek medical evaluation to identify and address any internal injuries.
Soft Tissue Injuries
These injuries involve damage to the body's soft tissues, such as muscles, tendons, and ligaments. They can occur when a pedestrian is struck by a vehicle or during a fall after being hit. Soft tissue injuries can vary in severity, ranging from minor bruises and sprains to more severe conditions like strains, tears, and whiplash.
Emotional Trauma and Mental Health Issues
Pedestrian accidents can have a significant emotional and psychological impact on the victims. Many individuals experience post-traumatic stress disorder (PTSD), anxiety, depression, or other mental health issues following a traumatic accident. Victims may need to seek both physical and emotional support during the recovery process.
Types of Damages in Pedestrian Accident Cases
Pedestrian accidents can result in various types of damages for the victims and their families. These damages can be categorized into two main types: economic and non-economic damages.
Economic Damages
Economic damages refer to the financial losses incurred as a result of a pedestrian accident. These damages are quantifiable and can include:
- Medical expenses: These include the cost of emergency medical treatment, hospital stays, surgeries, medications, physical therapy, and ongoing medical care. They also cover the estimated cost of future medical expenses related to the accident.
- Lost income: If the pedestrian is unable to work due to their injuries, they may be entitled to compensation for the income lost during their recovery period. This can include both past and future lost income.
- Property damage: In pedestrian accidents involving vehicles, there may be damage to the pedestrian's personal belongings, such as clothing or other items. Compensation for the cost of repairing or replacing these items may be sought.
Non-Economic Damages
Non-economic damages refer to the non-financial losses suffered as a result of a pedestrian accident. These damages are subjective and can include:
- Pain and suffering: This encompasses physical pain, emotional distress, and mental anguish experienced by the victim due to their injuries. It is difficult to assign a monetary value to pain and suffering. Still, compensation may be sought based on the severity of the injuries and the impact on the victim's daily life.
- Loss of enjoyment of life: If the injuries sustained in the pedestrian accident significantly limit the victim's ability to engage in activities they previously enjoyed, they may be entitled to compensation for the loss of enjoyment of life.
- Loss of consortium: In cases where the accident has resulted in a loss of companionship, affection, or support between the victim and their spouse or family members, compensation for loss of consortium may be sought.
Statute of Limitations for Pedestrian Accidents
The statute of limitations refers to the time frame within which a lawsuit must be filed after a pedestrian accident. Each jurisdiction has its own statute of limitations for personal injury cases, including pedestrian accidents. Victims must be aware of these time limitations to ensure their legal rights are protected.
Failing to file a lawsuit within the statute of limitations can result in losing the right to seek compensation for injuries and damages. Be sure to consult with a knowledgeable pedestrian accident attorney as soon as possible after an accident to understand the relevant statute of limitations for the specific jurisdiction and take appropriate legal action in a timely manner.
How a Pedestrian Accident Attorney Can Help
If you or a loved one has been involved in a pedestrian accident, seeking the assistance of a pedestrian accident lawyer is highly recommended. Here are some ways in which a pedestrian accident attorney can help:
Legal Experience and Guidance
A pedestrian accident lawyer has extensive knowledge and experience in personal injury law, specifically related to pedestrian accidents. They can assess the details of your case, determine liability, and advise you on the best course of action to pursue compensation for your injuries and damages.
Investigation and Gathering Evidence
Pedestrian accident cases require thorough investigation and gathering of evidence to establish fault and negligence. An experienced attorney can conduct a comprehensive investigation, collect witness statements, obtain surveillance footage, and gather other relevant evidence to strengthen your case.
Negotiations and Settlements
Many pedestrian accident cases are resolved through negotiations and settlements with insurance companies. An attorney can negotiate on your behalf, ensuring that you receive a fair settlement that fully compensates you for your injuries, damages, and losses. They have the negotiation skills and experience to handle insurance negotiations effectively.
Litigation and Court Representation
In cases where a fair settlement cannot be reached through negotiations, an attorney can represent you in court. They will file a lawsuit on your behalf, prepare a solid legal strategy, and present your case in court to pursue maximum compensation.
Peace of Mind and Support
Dealing with the aftermath of a pedestrian accident can be overwhelming, both physically and emotionally. Having a dedicated pedestrian accident lawyer by your side can provide you with peace of mind, knowing that your rights are being protected and someone is fighting for your best interests. They can offer guidance, support, and advocate for you throughout the legal process.
Contact a Skilled Pedestrian Accident Attorney Near You
If you or a loved one has suffered an injury in a pedestrian accident, it is essential to consult with an attorney who focuses on handling such cases. A pedestrian accident attorney can provide you with the necessary legal guidance and support, navigate the complex legal process and seek the compensation you deserve. Contact an attorney near you today to ensure that your rights are protected and you receive the legal assistance and compensation you need and deserve. Don't delay seeking legal assistance promptly.