Pedestrians are at a greater risk of injury than drivers, and pedestrian accidents are some of the most frequent car crashes. Pedestrian injuries often result in long-term disability or even death.
Drivers are responsible for keeping pedestrians safe and must follow the law while driving on a public street. When drivers fail to do their part, resulting in pedestrians getting hit more, it’s possible to file a lawsuit against them to recover compensation for your damages.
It might seem complicated to know what steps you need to take after being injured in a pedestrian accident.
The website https://mycasesource.com/ provides up-to-date details on a range of subjects, from how negligence in accidents is determined to what type of documentation needs to be included with your claim form and how eligible you are for compensation.
Here are six things injured pedestrians should know about filing claims:
1. Pedestrian Accidents Are Common
Pedestrian accidents are the most common type, accounting for more than half of all road traffic deaths. This means that you may be able to claim compensation for your injuries if you’ve been injured in a pedestrian accident caused by another driver’s negligence.
One primary reason pedestrians become victims of accidents is drivers’ inattention. Moreover, drivers often forget about pedestrians and other vulnerable road users. They may not see them until it’s too late or slow down when crossing paths with another vehicle that has stopped or slowed down unexpectedly.
2. Pedestrian Accidents Often Involve A Negligent Driver
Pedestrian accidents often involve a negligent driver. This can be the case even if you’re not at fault because pedestrians aren’t always responsible for their injuries and accidents.
In some cases, however, pedestrians may have been injured in an accident due to the negligence of a motorist. If you’re involved in such an incident and believe that someone else’s negligence caused your injuries, or if someone has committed insurance fraud against you, you should consult with an attorney specializing in pedestrian accident claims.
Negligence must be proved to recover compensation for injuries to pedestrians. To recover compensation for damages to pedestrians, you’ll need to show that the other party failed to use reasonable care. This might be because of distraction, intoxication, or a lack of training.
3. Damages Can Be Recovered For Pedestrian Accident Injuries
You can recover for injuries incurred from pedestrian accident injuries. Some of these recoveries include:
- Pain And Suffering: You can recover from any pain, suffering, loss of enjoyment of life, and other non-economic losses that you have suffered as a result of your accident.
- Medical Bills: If you’re injured in a pedestrian accident, your medical expenses may include hospitalization, surgery, and rehabilitation services once you’re back on your feet.
- Lost Wages: Lost wages from being unable to work due to injury or other reasons (older adults who lose their jobs due to injuries are especially likely to be awarded compensation).
Losses associated with quality of life, such as missing out on family events or holidays, are also worthy of damages as compensation. This claim applies even if no negligence was involved because sometimes, people want better lives.
4. Compensation May Be Limited By Comparative Negligence Laws
If you’re injured in an accident, your recovery may be limited by comparative negligence laws. This means that even if you were partially at fault for the accident and receive compensation for your injuries, it may not be enough. In cases where there was no reason to believe that either party acted by the law or had taken reasonable care, damages are reduced accordingly.
Suppose you’re found to be 50% or more at fault for an injury sustained during a pedestrian accident claim and thus eligible for a judgment against someone else’s property. In that case, you won’t be able to recover any relief from that person’s insurance company as long as their policy limits apply.
5. The Statute Of Limitations Restricts The Time You Have To File A Claim
The statute of limitations varies by state and is usually between one to three years. It can be extended for injuries that aren’t immediately apparent, but this will increase your claim’s cost.
For example, in New York State, there’s a three-year statute of limitations for pedestrians who were injured in an accident caused by another driver without fault on their part (i.e., hit-and-run). If an uninsured motorist hits you, it’s up to the police department where you were injured to determine whether or not you qualify for compensation from them.
6. You Need An Experienced Attorney
You need an experienced attorney to represent you in a pedestrian accident lawsuit. Don’t just hire any lawyer, no matter what you think of their credentials. Hiring an inexperienced or unqualified lawyer can result in severe consequences for your case.
A good lawyer will have experience with local laws and court procedures, which are unique to each state and county. They also know how to navigate these systems to get their clients the best results possible for their cases.
Conclusion
Pedestrian accidents are a severe issue and can have devastating consequences for the victims. If you or anyone you know has been in a pedestrian accident, it’s crucial to understand your rights and options. An experienced personal injury attorney can help you get the compensation you deserve from the negligent driver who caused your injuries.
