Pedestrians Struck by Vehicles
Collisions between motor vehicles of similar size and weight can be deadly. What are we to expect, then, when a motor vehicle weighing multiple tons hits a pedestrian with no physical protection from the impact?
We expect serious injuries and the tragic loss of life. If you suffered injuries or lost a loved one because of a pedestrian accident, you should get compensation covering all accident-related damages, and Spaulding Injury Law can help.
Leading Causes of Pedestrian Accidents
There are several reasons why a motor vehicle can strike a pedestrian, and most of those reasons lie within a motorist’s control. Whether a pedestrian is crossing the street, on the sidewalk, riding a bike, or operating within the law in some other way, they may face risk when a motorist:
- Speeds: Speeding is a factor in nearly 30% of traffic deaths, according to the National Highway Traffic Safety Administration (NHTSA). A motorist who is speeding may not be able to stop before striking a pedestrian.
- Drives while drunk or on drugs: Being impaired affects a motorist’s judgment, increases the likelihood of risky behavior, and affects one’s ability to drive cautiously.
- Uses their phone or engages in other distracting behaviors: When a motorist takes their eyes away from the road, they can miss pedestrians crossing the road. A distracted motorist could also veer into pedestrians near the roadway.
- Disregards pedestrians’ rights of way: Motorists who do not recognize pedestrians’ rights to use crosswalks, occupy bike lanes, and operate in other legal manners may cause accidents. Understanding and obeying pedestrians’ rights of way is the law.
Pedestrian accidents can also result from non-motorist hazards. Dangerous roads, improperly placed work crews, and defective traffic signals are possible causes of pedestrian collisions.
Are Pedestrian Accidents Common?
One in six people who died in motor vehicle accidents in a recent year were pedestrians, according to the Centers for Disease Control and Prevention (CDC). Fatal pedestrian accidents occur about every 75 minutes, also per the CDC. These statistics do not even account for non-fatal pedestrian accidents.
So yes, pedestrian accidents are common. In addition to blatant motorist negligence, there are several factors that increase the risk of pedestrian accidents happening. Such conditions include:
- Urban environments: The National Safety Council (NSC) explains that more than 80% of fatal pedestrian accidents happen in urban settings. Pedestrians and motor vehicles are often in close proximity in cities, with sidewalks and crosswalks being constants. In more rural environments, interactions between motorists and pedestrians are fewer and further between.
- Poor lighting: Roadways with poor lighting may be especially dangerous for pedestrians. Vehicle headlights have a limited capacity to brighten surroundings. Bright, abundant street lighting can help prevent pedestrian accidents.
- HIgh-traffic environments: The more vehicles on the road, the greater the likelihood that an accident will happen. Pedestrian accidents are not excluded from this basic fact.
A lawyer can determine what caused your pedestrian accident. By establishing the cause of the accident, your attorney can then identify liable parties.
Who Is Liable for a Pedestrian Accident?
When a motor vehicle strikes a pedestrian, most assume that a motorist is responsible. Often, the motorist is responsible—but not always. A non-motorist may be liable for a pedestrian accident when the collision results from:
- Motor vehicle defect(s): If any motor vehicle defect leads to a pedestrian accident, the manufacturer of the defective vehicle or component may be liable for damages. Defective brakes, steering columns, and tires could potentially cause a collision with a pedestrian.
- Dangerous road conditions: Potholes, uneven lanes, and other dangerous road conditions could contribute to an accident between a motor vehicle and pedestrians. A municipality may be financially liable for any such conditions.
- Malfunctioning traffic signals: If traffic signals are out of order or out of sync, they could cause a collision. Motorists and pedestrians may have to use their judgment about when to proceed through a light or cross the street, and this may increase the risk of a pedestrian accident.
- Unclear road markings: Road markings can differentiate bike lanes, traffic lanes, and crosswalks. These markings are essential to keeping motorists and pedestrians away from each other. Faded, absent, or unclear markings, therefore, could cause a wreck.
Vehicle manufacturers, local, state, or federal governments, and other parties may be liable for these types of pedestrian accidents.
How Can a Pedestrian Accident Victim Get Compensation for Their Damages?
The way you seek compensation for a pedestrian accident will depend on whether you know who the at-fault motorist is. If the motorist fled the scene of your accident, you might need to turn to your own insurance to cover damages.
If you do know who the liable motorist (or another liable party) is, you may seek compensation through their insurer or sue them. An attorney from Spaulding Injury Law will inform you of all options for seeking compensation.
How to Determine the Value of a Pedestrian Accident Case
Your attorney will determine the cost of your pedestrian accident case based on the value of your damages. This includes both:
- Economic damages, which have a clear financial value
- Non-economic damages, which may not have an obvious financial value, but have a monetary cost nonetheless
Many pedestrian accident victims hire a lawyer because attorneys understand how to accurately value all sorts of damages.
What Should a Victim Do Just After a Pedestrian Accident?
There are two priorities after a pedestrian accident:
- Your physical, psychological, and emotional health
- Any financial recovery you may be entitled to
Seek medical attention as soon as possible. This will protect your health and allow you to document accident-related injuries. Also, hire a lawyer as soon as you can. The Spaulding Injury Law team is always available to answer your call, so don’t wait.
Reasons to Hire a Lawyer After a Pedestrian Accident Case
A pedestrian accident lawyer from Spaulding Injury Law will protect your rights from the moment you hire them. Our firm will also take over all communications with insurers, shielding you from badgering, manipulation, and other bad-faith tactics insurers are known for.
Clients who have suffered injuries or lost a loved one in a pedestrian accident hire Spaulding Injury Law because:
- They are in pain: Often, our clients are coping with both physical, emotional, and psychological pain. This is no condition in which to face the demands of a pedestrian accident lawsuit, whether it’s an insurance claim or lawsuit.
- They have little to no relevant experience: Anyone can be a pedestrian accident victim. However, most pedestrian accident victims we represent are not lawyers. These clients are grateful to have our experience, legal knowledge, and negotiating skills working in their favor.
- They want a proven law firm leading their case: Pedestrian accident victims should not hire just any law firm, but a proven law firm. Our team’s many case results are proof of our fitness to lead your case.
- They cannot afford not to get the money they deserve: Pedestrian accident cases often come with a high price tag. Our clients hire us because they can’t afford to lose, and they want the help of a qualified legal team.
Our lawyers have been litigating cases for more than a quarter-century. We have ample resources to lead your pedestrian accident case, and we offer a client-friendly fee structure. Let the dedicated legal team at Spaulding Law fight for the money you deserve.
Who Should Hire a Lawyer for a Pedestrian Accident Case?
You may hire an attorney if:
- You suffered injuries but survived a pedestrian accident.
- Your loved one suffered severe injuries that prevented them from getting legal help on their own after a pedestrian accident.
- You have lost a loved one from injuries they suffered during a pedestrian accident.
Spaulding Injury Law handles insurance claims, personal injury lawsuits, and wrongful death lawsuits. If you’ve been negatively affected by a pedestrian accident, we’re the firm for you.
How an Attorney from Spaulding Injury Law Helps Pedestrian Accident Victims Get Money for Their Damages
While our team does not guarantee case results, we always plan to win our pedestrian accident cases. Our firm will represent you in negotiations with insurance companies, every step of your lawsuit, and any other aspect of your case.
We seek compensation for pedestrian accident victims by:
- Gathering evidence of negligence as quickly as possible
- Identifying, documenting, and calculating damages
- Filing a claim, lawsuit, and any other case-related paperwork
- Dealing with insurers and negotiating a settlement
- Taking the case to court, if necessary
Our lawyers and paralegals will oversee every detail of your pedestrian accident case. Focus on getting back to full strength; we’ll fight for the money you deserve.
Recoverable Damages in a Pedestrian Accident Case
Those who suffer a non-fatal pedestrian accident may deserve compensation for:
- Pain and suffering
- Lost income and other professional damages
- Medical expenses
- Property damage
- Any other damages resulting from the pedestrian collision
If you have lost a loved one, Spaulding Injury Law offers its condolences. We’ve represented many clients in the wake of a loved one’s tragic passing, and you may deserve money for:
- Medical bills
- Your pain and suffering (as well as the deceased’s)
- Funeral costs
- Lost companionship
- Loss of a parent’s guidance
- Lost financial support
- Any other damages resulting from the accident or your loved one’s passing
Both fatal and non-fatal pedestrian accidents demand justice. We will work hard to deliver that justice to you.
Call Spaulding Injury Law Today for a Free Consultation
We may face a filing deadline for your case, so don’t wait to speak to us about hiring a pedestrian accident lawyer. Call Spaulding Injury Law today at (770) 744-0890 for a free consultation, or contact us online.