Of all accidents, pedestrian accidents can be some of the most serious. A human being is no match for a car or truck, and the injuries suffered in these collisions can be catastrophic or even fatal. More often than not, most road accidents are caused by the negligence of the driver. Whether it is speeding, distracted driving, or simply not paying attention. As such, victims of these accidents often have a strong case for compensation against the driver.
Not every pedestrian accident will require the expertise of a lawyer. However, if you have been seriously injured or there is significant property damage involved, it is important to speak with a qualified personal injury lawyer. These cases can also be complex, particularly when it concerns proving of liability. In some cases, more than one party may be at fault. A pedestrian accident attorney at Kogan & DiSalvo in Boca Raton, FL will be able to investigate the accident, gather evidence, and determine who is responsible.
Types of Pedestrian Accidents
Road accidents are often classified into different categories. The first type of pedestrian accident is a hit-and-run, which occurs when a driver hits a pedestrian, but departs the scene without stopping to render aid or exchange information. Hit-and-runs are especially serious because they often result in severe injuries or even death, and the driver may never be identified. Another type is a crosswalk accident. These occur when a motorist doesn’t yield to a pedestrian who is crossing the road at a designated crosswalk. Mostly it’s because drivers are in too much of a hurry and do not see the pedestrian until it is too late.
There’s also a car-pedestrian collision, which happens when a driver fails to yield the right-of-way to a pedestrian, or when a pedestrian crosses the street outside a crosswalk. Car-pedestrian collisions can often be avoided by drivers paying attention to their surroundings and by pedestrians using crosswalks and obeying traffic signals.
Other types of pedestrian accidents include:
• Car Door accidents: when a driver opens their door into oncoming traffic, striking a pedestrian
• Back-over accidents: when a driver backing up does not see a pedestrian behind them and runs them over
• Driveway accidents: when a car pulling out of a driveway or parking space hits a pedestrian
Common Injury Types
Road accidents often result in serious injuries because of the vulnerability of pedestrians.
They typically include lacerations, broken bones, internal bleeding, spinal cord injuries, organ damage, traumatic brain injuries, amongst others. These types of injuries often have a long-lasting impact on the victim’s life, including the need for extensive medical treatment and even lifelong disability. In some cases, the victim might be unable to resume work or may do so in a limited capacity. All these factors must be considered when pursuing a pedestrian injury claim. There’s also the risk of fatalities with such accidents. In fact, pedestrians are 1.5 times more likely than occupants of a passenger vehicle to be killed in a car crash per mile travelled, according to the National Highway Traffic Safety Administration (NHTSA).
Determining and Proving Liability
In order to recover compensation after a road accident, you will need to prove that the driver was at fault. Liability in pedestrian accidents is usually quite clear. In most cases, the driver will be considered negligent if they were speeding, driving under the influence, distracted, or otherwise not paying attention to the road. There are some instances, however, where liability may not be so clear. For example, if the pedestrian was crossing the street outside a crosswalk, the driver may not be considered at fault. It is, therefore, of utmost importance to have an experienced lawyer on your side to investigate the accident and determine who is liable.
Damages and Compensation
If you are successful in proving that the driver was at fault for the accident, you may be entitled to financial compensation for your injuries. This can include reimbursement for medical and other financial expenses, lost wages, and pain and suffering. In some cases, punitive damages may also be available. When it comes to gathering critical evidence, this can be done in many ways, but some of the most common pieces of evidence include eyewitness testimony, dashcam footage, and surveillance footage. If you have been involved in any accident, it is important to save any evidence that you have.
Why Engaging a lawyer is Vital?
There are several reasons why engaging a lawyer is vital if you have been involved in a pedestrian accident. For starters, lawyers will determine whether you have a case after reviewing it and advise on what your options are. This usually saves pedestrians from spending immense amounts of time and money on an accident that they cannot win or get any compensation for.
Second, lawyers will investigate the accident to ensure that all victims have a strong case by gathering evidence, interviewing witnesses, and visiting the scene of the accident. Also, since lawyers know how to negotiate with insurance companies on behalf of their clients, it ensures that they receive the maximum possible compensation. And if negotiations fail, lawyers are experienced in taking cases to trial and fighting for their clients in court.
Consequently, legal experts say that the benefits of hiring a lawyer after a pedestrian accident usually outweigh the costs. This is because, in most cases, lawyers can recover more money for their clients than they would have been able to on their own. And this extra money can be vital for covering medical expenses, lost wages, and other damages resulting from the accident.
So, should you hire a lawyer if you’re a victim of a pedestrian accident? The answer is usually yes. While you may be able to handle the case on your own, it’s likely that you’ll end up with less money than you would if you had a lawyer. And in some cases, you may not be able to win the case at all. Hiring an experienced lawyer with these types of accidents will give you the best chance of getting the compensation you deserve.