Nobody goes outside their house intending to get involved in a pedestrian accident. However, more than 104,000 pedestrians receive non-fatal crash-related medical care annually in emergency rooms. Additionally, 7,000 pedestrians per year are killed in road accidents, or one every 75 minutes.
Pedestrian Car Accident Settlement
No settlement amount can restore a life irreparably damaged by a pedestrian accident. However, bringing a lawsuit can offer much-needed closure to accident victims and their loved ones. Victims of pedestrian accidents may also pursue financial compensation for their suffering, medical costs, and lost wages. Have you been a victim of a pedestrian accident involving a car? If so, think about how a personal injury attorney can assist you in getting the compensation you and your loved ones deserve.
Typical Reasons for Pedestrian Accidents
Even though pedestrians are frequently struck on rural roads, urban areas are where most accidents involving pedestrians happen. More injuries and fatalities occur on congested city streets, and most fatalities take place at night. In addition, 76% of pedestrian-vehicle collisions occur in areas without traffic signs or signals. Despite the fact that there are various frequent causes of pedestrian accidents, they can be divided into two groups: pedestrian causes and motorist causes.
Driver-caused Pedestrian Accidents
When a motorist hits a pedestrian, the consequences can be disastrous because they are usually driving more than a ton of steel and pure metal. Drunk driving is the most frequent factor in motorcycle accidents, truck accidents, and car accidents involving pedestrians. A driver who has consumed alcohol is involved in about half of all fatal pedestrian accidents.
Other frequent driver factors in pedestrian collisions include:
- Speeding
- Adverse weather
- Driving while distracted
- Ignoring traffic signals
- Not making way for a pedestrian
Pedestrian-caused Accidents
When sharing the road with drivers, pedestrians are equally responsible for exercising reasonable care. They must therefore walk safely on the sidewalks, at crosswalks, in parking lots, and on the roads. A pedestrian increases their chance of getting into trouble when they disregard their responsibilities.
Typical pedestrian factors in vehicle collisions include:
- Intoxication
- Walking in restricted zones
- Not walking on the sidewalk
- When dressing in dark colors at night
- Jaywalking (walking outside of a crosswalk)
How to Proceed Following a Pedestrian Accident
The initial seconds following a pedestrian accident are often terrifying and perplexing. If at all possible, call 911 right away to report the collision and request assistance. Make sure to inform the dispatcher that you were struck by a car while walking. Ask a passerby or the driver to contact 911 for you if you are not physically able to do so. The next step is to make every effort to compile any accessible evidence and seek emergency medical attention.
Collect Evidence
Particularly if they are in the middle of a busy road, accident scenes don’t last very long. Do your best to collect any evidence that will help your claim before you leave the scene. Call a loved one or request that one of the responding police officers gather information for you if you are unable to walk around the scene on your own. The police officer will often be compiling a police accident report, so they’ll be gathering information either way. Ask the driver of the automobile for all of their contact details, including their full name, address, and phone number. Likewise, compile any insurance data required to submit your claim. Finally, take as many pictures as you can. Have a friend or eyewitness snap photos for you if you are unable to do so. Pay close attention to the surrounding area, any signage, your injuries, any damage to the vehicle where it collided with your body, and any other details that might help to explain what happened. Ask to have any witness statements recorded if at all possible, and make sure to include the witness’ name and contact information.
Receive Medical Attention
Never decline medical care at the accident scene. Acute injuries like brain injuries can have their symptoms covered up by shock and adrenaline. When the paramedics arrive, let them know about every symptom you have, even if you believe it to be minor. Allow the paramedics to transport you to the hospital if they request to do so.
If you aren’t taken right away to the hospital following the accident, go as soon as you can to the emergency department, an urgent care facility, or your private doctor. For the purpose of identifying and documenting any underlying harm brought on by the event, immediate medical assistance is essential. Furthermore, postponing or rejecting medical care may ultimately hurt your injury claim. Without prompt proof, the insurance provider can try to reject your claim by claiming that the accident wasn’t the source of your injuries.
Who Is Responsible for a Pedestrian Accident?
Every driver has a responsibility to follow the law and pay strict attention to their surroundings. This rule mandates that all motorists, including motorcyclists, exercise common sense and drive responsibly at all times. In the eyes of the law, drivers who disregard traffic laws or exercise poor judgment while driving are considered negligent.
You must be able to demonstrate to the insurance company that a driver was negligent in order to establish that the driver was accountable for your damages. Your injuries must have been caused directly or indirectly by this negligence. The insurance provider might nevertheless argue that the accident was also caused by your conduct. Laws governing comparative negligence may apply in this situation.
Using a Pedestrian Accident Lawyer to Establish Negligence
Negligence is difficult to prove. You must have a strong case if you were a pedestrian struck by a vehicle. In order to prove carelessness, a successful personal injury claim needs well-organized proof of all damages. These supporting documents can demonstrate the driver’s negligence and the strength of your claim. A solid attorney-client connection can speed up the claims process and relieve you of case-related stress. Additionally, your lawyer can gather the evidence you’ll need to win your case, freeing you up to concentrate on getting better.
Police Report
A police accident report, witness testimonies, and medical records are required evidence of fault in a pedestrian accident prosecution. There should be a formal police accident report on file if the police were called to the accident scene. The time of the collision, the weather and road conditions, a brief diagram of the scene, the responding officer’s assessment of fault, and any gathered witness statements are all included in a police report. The report also includes any citations that the driver may have received, such as those for speeding or driving under the influence. Due to its credibility and objectivity, this information is highly regarded by the insurance provider.
Testimony Statements
Whether they come from the police report or your independent research at the accident scene, witness statements are priceless evidence. Witness testimonies are utilized to provide a foundation for the events leading up to the crash during the discovery phase of your accident case. In order to strengthen your case, a pedestrian accident lawyer can also recreate the accident scene using qualified witnesses.
Medical Bills and Records
Particularly if you were sent to the emergency room, your medical records are essential evidence. These records demonstrate a direct link between your medical costs and the pedestrian accident. Copies of your medical bills, including those for ambulance travel, a procedure, or medicine, can attest to your medical care and demonstrate how much your injuries cost. Your settlement value is mostly determined by the entire cost of your medical costs; thus, these records must be in order.
Lost Wages
Serious pedestrian accidents can render you unemployed for a considerable amount of time. Your personal injury lawyer can get in touch with your employer and request a written statement detailing the time you missed from work as well as any forced sick or vacation days you had to use. Lost chances to receive gratuities, tips, and overtime compensation can also be counted as lost wages.
What Kinds of Damages Can Be Recovered in a Claim for Pedestrian Injury?
Before delving into the settlement amounts for pedestrians hit by cars, it’s critical to comprehend the many kinds of damages that can be claimed in an injury case. In the majority of personal injury cases, both special and general damages are available.
How Do Special Damages Work?
In the context of personal injury law, special damages are frequently referred to as “economic damages.” Damages of this nature can be quantified to the exact cash amount. Bills, statements, or receipts are frequently used by lawyers to estimate special damages.
In a claim for pedestrian injuries, extraordinary damages examples include:
- Medical expenses
- Future medical care, including nursing care at home
- Lost income
- Lost ability to earn
How Do General Damages Work?
General damages, in contrast to special damages, cannot be precisely calculated. Because these damages can’t be quantified, they are referred to as “non-economic” damages. Instead, the insurance industry uses a sliding scale to determine their value.
Typical general damages in a claim for pedestrian injuries include the following:
- Permanent incapacity or paralysis
- The inability to enjoy life
- Distress and suffering
- Emotional adversity
- Disfigurement
Additionally, a driver may be subject to financial penalties for extreme negligence, which are then included in the overall settlement.
Call Tatum & Atkinson If You Were Hurt as a Pedestrian in North Carolina
You deserve justice if you were hurt in a pedestrian accident. Make an appointment for a free consultation with a pedestrian accident attorney immediately. A personal injury attorney at Tatum & Atkinson, ‘the Heavy Hitters,’ can ensure you receive the most robust pedestrian accident settlement package possible. Here at Tatum & Atkinson, ‘the Heavy Hitters,’ we care, and we can assist. Give us a call at (800) 529-0804 or contact us online.
