Walking may have great health benefits, but it sure does have some shortcomings in the form of accidents. Pedestrian accidents are one of the major causes of injuries and deaths amongst that like to walk the distance. What is worrying is that pedestrian accidents are on the rise. Reports by the GHSA show that pedestrian deaths in the US have increased 53% between 2009 and 2018. Of this, five states, including Florida, accounted for 47% of the deaths making Florida highly unsafe for pedestrians. The number of non-fatal accidents is also soaring. Often, individuals tend to overlook their safety while walking, assuming that sidewalks, crosswalks, and crossing signals will shield them from traffic. Nonetheless, such assumptions do not guarantee one's safety, as walking alongside any roadway poses potential risks. If you experience a pedestrian accident, it is vital to seek legal support from a pedestrian accident lawyer immediately to secure your rights.
Main Causes of Pedestrian Accidents
Pedestrian accidents may happen in many ways, but statistics show that the main cause of these incidents is the failure of vehicles to yield right of way to pedestrians. This is followed by other causes including:
Distracted driving: Drivers who are texting, talking on the phone, or distracted may not see a pedestrian in time to stop.
Speeding: Drivers who are traveling at high speeds may not be able to stop in time to avoid a collision.
Intoxication: Impaired judgment and reaction time due to drug or alcohol consumption can increase the likelihood of accidents.
Poor road conditions: Uneven sidewalks or inadequate lighting can contribute to pedestrian accidents.
Weather conditions: Fog, rain, sleet, snow, and other weather conditions can decrease visibility and make it challenging for drivers to spot pedestrians.
Left-hand turns: Left-hand turns can also be a hazardous situation for pedestrians. Drivers making a left-hand turn have to keep track of opposing traffic, pedestrians crossing, and traffic lights simultaneously.
Right-hand turns: Right-hand turn accident, also known as a "right hook" accident, is a common occurrence in pedestrian accidents. Drivers frequently fail to yield at a right light or a stop sign while making a right turn. They often fail to check for pedestrians or bicyclists, resulting in a right-hand turn accident.
There are many other types of pedestrian accidents that can occur. If you have been involved in one, it is crucial to seek legal assistance promptly to safeguard your rights and best interests.
Common Injuries Sustained During a Pedestrian Accident
A pedestrian is completely unprotected while on-road and a hit by any vehicle can be critical and in some cases, fatal. Here is a list of the most common injuries that occur:
- Lacerations and abrasions
- Joint dislocation
- Ligament sprains
- Broken bones
- Muscle strains
- Knee injuries
- Herniated discs
- Shoulder and neck injuries
- Back injuries
- Spinal cord injuries
- Nerve damage
- Sensory loss
- Whiplash
- Amputations
Victims of pedestrian accidents can suffer from paralysis, psychological trauma, sustained paranoia, and more.
What to Do In Case of a Pedestrian Accident?
Pedestrian accidents can be devastating, leading to severe injuries or even fatalities. With incidents of pedestrian accidents increasing at an alarming rate, you or a dear one may be unfortunate enough to face such a situation any time. If that happens, you not only need to seek medical attention but also hire a lawyer who will be able to help you build a case and make a compensation claim. Whatever may the degree of injury be, the compensation will help recover some of the losses that you have incurred and also pay bills that pile up post an accident.
If you are involved in a pedestrian accident, you may be entitled to compensation for various losses and expenses. These may include
- Medical bills incurred due to treatment of injuries
- Future medical bills arising due to injuries sustained in the accident
- Loss of wage during the period of impairment due to the accident
- Lost benefits arising out of the accident
- Lost/reduced wages due to disability or disfigurement caused by the accident
- Any property/possession damaged during the accident
Furthermore, you may be eligible to receive compensation for the emotional and physical suffering caused by the accident, as well as for any loss of enjoyment or quality of life resulting from your injuries.
How to Claim Your Compensation?
In case of an accident, the compensation that you deserve should be paid by the car’s insurance policy. However, getting your compensation from an insurer isn’t easy. They aren’t quite eager to pay, even if you are within your legal rights to demand compensation. Even if they do, the amount will be meager and not of much use to you. What you should do is let a professional handle this for you. A lawyer will be able to get you the compensation that you deserve and maybe, more.
When you hire a pedestrian accident lawyer, he will do more than just file a compensation claim. He will review your case, go through medical and police records, interview eyewitnesses, hire investigators, etc. All these will help him understand exactly who was at fault and what claim amount should you put in your ‘demand’ letter. He will then forward the same to the insurer and make the claim. If the insurer agrees, you are in luck. If they don’t, your lawyer will take the case to court.
Your attorney will also help you determine the amount of compensation you are entitled to receive based on the extent of your injuries, lost income, and other related expenses. They will then prepare a demand letter to be sent to the insurance company outlining your claim.
How to Get Compensation for the Accident?
It is highly unlikely that you will get whatever amount you claim. If the case is presented in court, the judge will determine if the vehicle is solely responsible for the accident. If not, he will try to determine what percentage of fault was on the part of the pedestrian. If the pedestrian is found to be at fault, a percentage of the compensation amount will be waived off. For example, if you are 20% culpable for the accident, you will receive only 80% of the compensation amount. In such a situation, you must have an experienced Pedestrian Accident Lawyer Florida represent you. He will be able to best reduce your culpability with evidence, witnesses, etc.
Contact a Pedestrian Accident Lawyer Today
Many victims experience a range of unfortunate circumstances, making it essential to seek the assistance of a qualified pedestrian accident lawyer. At our firm, we specialize in helping clients navigate the complex legal system and provide comprehensive support throughout the entire process. From negotiating with insurance adjusters and scheduling medical appointments to handling all legal paperwork, proving liability, and more, we take care of everything on your behalf. By trusting us to handle your case, you can alleviate the stresses that come with dealing with the aftermath of an accident and focus on your recovery.