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.
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 like
–> Improper walking at crossways or intersections
–>Wearing dark clothes in the dark
–>Less/no lighting in the roads
–>Improperly walking, standing, or lying on the road
–>Inattentive walking while talking, internet surfing, playing games or eating
–>Drivers under the influence of drugs, alcohol, etc
–>Walking in the wrong direction
–>Failure to obey traffic rules, signals, and symbols
–>Improper backing up at parking lots or parking spots
–>Poor roads and bad weather conditions
–>Untrained or unlicensed drivers
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
–>Shoulder and neck injuries
–>Spinal cord injuries
Victims of pedestrian accidents can suffer from paralysis, psychological trauma, sustained paranoia, and more.
What to do in case of a pedestrian accident?
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.
In general, you can ask for compensation to cover
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
In addition to the above, your claim should also include compensation for the mental and physical anguish and distress caused by the accident, loss of quality of life, and more.
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.
Getting 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.