Pedestrian Accident Lawyer
Our pedestrian accident lawyer has witnessed firsthand the life-altering consequences of pedestrian-related accidents. The injured party may experience severe physical injuries and financial losses, and the person responsible for the accident will also experience repercussions due to their negligence. Understanding the legal considerations in pedestrian accidents is crucial to ensure both parties know their rights and responsibilities. Explores some key aspects that everyone should be aware of when it comes to pedestrian accidents, including liability, negligence, compensation, and the insurance company’s role.
Liability
Determining liability is the first step to understanding the legal implications of a pedestrian accident. Liability refers to the legal responsibility of one party for causing harm or damage to another. In pedestrian accidents, the parties involved typically include the pedestrian and the vehicle’s driver. Typically, drivers have a higher duty of care towards pedestrians because pedestrians are more vulnerable to injury and have less protection than those inside a vehicle. Drivers must exercise reasonable care to avoid causing harm to pedestrians. However, pedestrians are also responsible for following traffic rules and regulations, such as using designated crosswalks and obeying traffic signals.
Negligence
Negligence plays a significant role in determining liability for a pedestrian accident. When a party breaches their duty of care, resulting in harm to another party, negligence is likely a factor. In pedestrian accidents, negligence can be attributed to the driver, the pedestrian, or both.
Driver negligence may include:
- Speeding or reckless driving
- Failing to yield the right of way to pedestrians at crosswalks
- Distracted driving, such as texting or talking on a cell phone
- Driving under the influence of alcohol or drugs
Pedestrian negligence may include:
- Ignoring traffic signals or signs
- Walking outside of designated crosswalks
- Failing to look both ways before crossing a street
- Walking while intoxicated or under the influence of drugs
In some cases, the concept of comparative negligence may apply. Comparative negligence is when both the driver and pedestrian are found to be partially at fault. As a result, the damages awarded to the injured party may be reduced based on their percentage of fault.
Compensation
When the pedestrian accident victim has been injured, they may be entitled to compensation, also known as damages which may include:
medical expenses, lost wages, pain and suffering, emotional distress, and other damages. The amount of compensation depends on various factors, such as the severity of the injury, the impact on the victim’s quality of life, and the level of negligence involved.
Insurance companies play a significant role in compensating victims of pedestrian accidents. In many cases, the driver’s auto insurance policy will cover damages sustained by the pedestrian. However, if the driver is uninsured or underinsured, the pedestrian’s insurance may come into play. Additionally, pedestrians may be eligible for compensation through a personal injury lawsuit, which could help cover expenses not covered by insurance.
Role of Insurance Companies
When a pedestrian has been injured, the insurance company will play a crucial role in the legal process following a pedestrian accident. After an accident, both parties should report the incident to their respective insurance companies. The insurance adjusters will investigate the case, assess the damages, and determine fault. It is important to remember that insurance companies have a financial interest in minimizing the amount they pay out in claims. Therefore, consulting with an experienced personal injury lawyer before accepting any settlement offers from an insurance company is advisable. A lawyer can help ensure you receive fair compensation for your injuries and other damages.
Pedestrian accidents can have severe consequences for both the injured party and the person responsible for the accident. Understanding the legal considerations can help ensure both parties know their rights and responsibilities.