While out and about, the last thing pedestrians expect is to suffer injuries in an accident. However, pedestrian accidents are quite common. These accidents can have devastating consequences, leading to injuries that can significantly affect a person’s quality of life.
As urban areas grow and traffic patterns evolve, the risks pedestrians face continue to change. Pedestrians should understand their rights in the event of an accident.
After a pedestrian accident, do not hesitate to seek legal guidance from a Williamsport pedestrian accident attorney. A lawyer can provide quality representation to obtain the best possible case result.
Understanding Pedestrian Accidents
Pedestrian accidents occur when a person on foot is struck by a vehicle. These incidents can happen in various circumstances, including crosswalks, intersections, parking lots, and even on sidewalks.
The severity of injuries often depends on the speed of the vehicle, the size of the vehicle, and the conditions at the time of the collision.
Common Causes of Pedestrian Accidents
Pedestrian accidents can happen for many different reasons, often involving driver negligence.
Some of the common causes of these incidents include:
- Distracted driving: Drivers using phones, eating, or engaging in other distractions may not see pedestrians in time.
- Speeding: Vehicles traveling above the speed limit have less time to react to pedestrians.
- Failure to yield: Under certain circumstances, drivers have a duty to yield to others, including pedestrians. Drivers not yielding at crosswalks or intersections can lead to accidents.
- Alcohol impairment: Alcohol severely impairs a driver’s ability to drive safely, impacting their vision, judgment, and reaction times.
- Weather conditions: Slippery roads or reduced visibility due to rain or snow can make it harder for drivers to see and drive carefully. In these situations, they must adapt their driving to the conditions, and failure to do so can result in accidents.
- Driver fatigue: Fatigue can significantly affect drivers, increasing the likelihood of falling asleep behind the wheel. Tired drivers may not react quickly enough to avoid pedestrians.
Additionally, other factors can contribute to pedestrian accidents, including hazardous road conditions and product defects. You need a lawyer to investigate your accident and determine exactly what happened, as this can determine who is at fault and financially responsible for your injuries and losses.
Common Pedestrian Accident Injuries
Pedestrian accidents can lead to a wide array of injuries, ranging from moderate to life-threatening. Some of the common injuries that result from these types of accidents include:
Fractures
Fractures are among the most common injuries sustained by pedestrians. Depending on the impact, accidents can fracture the legs and ankles, arms and wrists, and pelvis.
Recovery from broken bones can require extensive healing time and rehabilitation.
Head Injuries
Head injuries can affect the scalp, skull, and brain.
Common injuries include:
- Concussions: Often resulting from a blow to the head, concussions lead to dizziness, confusion, and even long-term cognitive issues.
- Skull fractures: Like other bones in the body, the skull can fracture. These serious injuries can result in bleeding and pressure on the brain, requiring emergency medical attention.
- Hemorrhage: Bleeding in or around the brain, including subdural and epidural hematomas, can occur due to head trauma and often require urgent treatment.
- Diffuse axonal injury: A severe form of traumatic brain injury (TBI) where the brain’s axons are damaged when the brain shifts within the skull, often resulting in widespread brain damage.
Head and brain injuries are some of the worst kinds of injuries. Unfortunately, they can result in life-altering consequences. In the worst cases, these injuries may result in coma, vegetative state, or death. Personal injury lawyers have a network of experts to connect you with to get the medical care you need.
Spinal Cord Injuries
The spinal cord is one of the most important parts of the body, carrying nerve signals from the brain to the rest of the body and vice versa.
Injury to the spinal cord can have serious implications, depending on the location and extent of the injury, including:
- Paraplegia: Loss of function in the lower body, typically resulting from damage to the thoracic or lumbar spine.
- Quadriplegia: Loss of function in all four limbs and torso, usually caused by damage to the cervical spine.
A spinal cord injury is life-changing and can require extensive medical treatment and ongoing care, which can cost millions of dollars.
Soft Tissue Injuries
Soft tissue injuries, including sprains, strains, and bruises, are common in pedestrian accidents. These injuries may not immediately appear but can cause substantial pain and long-term issues.
Internal Injuries
Internal injuries can kill you.
Common internal injuries include:
- Organ damage: The impact of a vehicle can lead to injuries to vital organs, such as the liver, spleen, or kidneys.
- Internal bleeding: Bleeding internally can occur due to trauma and may require emergency medical intervention.
These injuries may immediately manifest or show any signs, contributing to worsening of the injury or complications if not treated immediately.
Emotional and Psychological Impacts
Along with physical injuries, pedestrian accidents can also cause emotional and psychological trauma.
The psychological impact of a pedestrian accident can include:
- Post-traumatic stress disorder (PTSD): PTSD can develop after a traumatic event and can cause avoidance, heightened reactions, sleep disturbances, and flashbacks, among many other symptoms.
- Anxiety: Anxiety is characterized by feelings of extreme worry and unease and particularly stressful situations can trigger it.
- Depression: Depression can affect how a person thinks, feels, and behaves and can cause persistent feelings of sadness and a loss of interest.
The mental and emotional impacts of a pedestrian accident can notably affect a person’s life and well-being.
Taking Action After a Pedestrian Accident
If you’re hurt in a pedestrian accident, you may have the right to pursue compensation from the at-fault party. Often, this involves filing an insurance claim, either through the driver’s insurance or your own personal injury protection (PIP) insurance, depending on the circumstances.
Once you file your insurance claim, the insurance company investigates the accident and determines the value of your claim. If the insurer approves your claim, they’ll offer a settlement amount to close out your claim.
Based on the amount offered, you can accept the offer or engage in negotiations to pursue a better settlement.
If the insurance company refuses to settle your claim fairly, you may need to take further legal action and file a lawsuit. Additionally, if the driver who caused your accident does not have insurance, you may have the opportunity to file a lawsuit against them directly.
After a pedestrian accident, you may have various options to seek financial recovery. A personal injury attorney can review the specifics of your case to determine the best way to pursue favorable compensation.
Establishing Liability for Pedestrian Accidents
Often, pedestrian accidents result from negligence. When a party acts negligently, it indicates that they failed to act reasonably given the circumstances.
When pursuing compensation for a pedestrian accident, you must prove the at-fault party’s liability.
If negligence caused your accident, this involves establishing certain necessary details, including:
- Duty: The party owed you a duty of care.
- Breach: The party’s actions resulted in a breach of their duty of care.
- Causation: There is a direct relationship between the party’s actions and your accident.
- Damages: You suffered economic and non-economic losses as a result of your accident.
Proving liability isn’t always straightforward in pedestrian accident cases. Fortunately, a personal injury attorney can gather relevant evidence and use their skills and resources to establish the other party’s liability, and get you one step closer to obtaining fair compensation.
Evidence Used in Pedestrian Accident Claims
Evidence can substantially help build your case against the at-fault party. Many kinds of evidence can be critical for understanding the circumstances, proving liability, and showing the extent of your losses.
Some of the key forms of evidence used in these cases include:
- Eyewitness testimony: Statements from people who witnessed the accident can provide valuable context and details.
- Police reports: Official reports detailing the incident, including citations or charges against the driver, can be important for legal proceedings.
- Photographs: Images of the accident scene, vehicle position, and any visible injuries can help reconstruct the event.
- Surveillance footage: Video from nearby cameras, such as those on traffic signals or businesses, can offer a clear view of the accident as it happened.
- Traffic laws and regulations: Evidence of traffic laws that may have been violated, such as failure to yield, can help establish fault.
- Medical records: Documentation of injuries sustained by the pedestrian, including diagnoses, treatment, and prognosis, is important for determining damages.
- Vehicle data: Information from the vehicle’s black box (if applicable) can provide data on speed, braking, and other factors at the time of the collision.
- Cell phone records: Records of a driver’s cell phone use can be used to prove the driver was distracted when the accident occurred.
Collectively, evidence can help your lawyer strengthen your case and support your claim for compensation.
Compensation Available for Pedestrian Accident Cases
Damages are losses you can claim compensation for in a pedestrian accident to compensate for injuries and expenses, stemming from the accident.
This compensation can provide financial recovery for economic and non-economic losses, such as:
- Medical expenses: Coverage for current and future medical bills related to the accident, including medications, hospital stays, and rehabilitation.
- Lost earnings: Compensation for income lost due to the inability to work while recovering from injuries.
- Pain and suffering: Damages awarded for physical pain, emotional distress, and diminished quality of life resulting from the incident.
- Disability: If the injuries result in lasting or permanent disabilities, compensation may be available to cover ongoing care and adaptations needed for living.
Some cases also qualify for punitive damage. If the pedestrian accident resulted from grossly negligent, reckless, or intentional behavior, these additional damages may be awarded as a form of punishment.
Understanding how much your pedestrian accident case is worth can impact the ultimate result. Your personal injury lawyer can calculate your damages and pursue adequate compensation to alleviate financial burdens and help you move on with your life.
Statute of Limitations for Pedestrian Accident Cases
Your lawyer must meet the statute of limitations for filing personal injury claims, including situations involving pedestrian accidents. These laws impose strict time limits on filing a lawsuit in court, and the time allotted varies by state. Depending on your state’s statute, you may only have one to six years to file your claim.
Failing to file your claim for your pedestrian accident on time can negatively impact your right to pursue justice and compensation. Missing the deadline can leave you without additional options, so it’s best to act as quickly as possible.
The sooner you hire a personal injury attorney, the better it can be for the outcome of your case. A lawyer can immediately begin working on your case to avoid any potential errors, setbacks, or missed deadlines.
Following a Pedestrian Accident, Seek Legal Representation
Pedestrian accidents can lead to catastrophic injuries that can alter your life forever. If you or a loved one suffered an injury in a pedestrian accident, do not wait to discuss your situation with a local personal injury lawyer. They will work hard for your legal case and fight for justice.
An experienced injury lawyer can handle all aspects of your case, protect your rights, and fight to get you the best possible case result. Additionally, hiring an attorney to represent you throughout your claim gives you peace of mind and allows you to focus exclusively on your physical recovery and mental healing.
Remember, you do not have to face the legal challenge alone. Following a pedestrian accident, hire a knowledgeable personal injury lawyer to begin working on your case immediately.