Pedestrian Accidents

People who live in larger cities often get around simply by walking. Pedestrian traffic is also common in suburbs and small towns. The biggest threats to pedestrian safety are careless drivers.

A pedestrian accident usually involves someone on foot being hit by a car, and these accidents may happen anywhere that pedestrian and vehicle traffic meet. Many pedestrian accidents happen at crosswalks and intersections, although they can also happen on sidewalks or other pedestrian walkways. After an accident, you should immediately get help from the police and medical personnel. You should also speak to a lawyer about how to get compensation for your injuries, which may involve pursuing insurance claims, making settlement demands, or filing a personal injury lawsuit if insurance companies refuse to pay what you are entitled to.

Pedestrian accidents may be severe, and injured pedestrians may take weeks, months, or years to recover. Our pedestrian accident lawyers can help you get justice and financial compensation from the negligent driver. For a free case review, call Wruck Paupore at (219) 322-1166.

Where and How Pedestrian Accidents Happen

Pedestrian accidents can happen anywhere that vehicle and pedestrian traffic meet. Often, cars hit pedestrians in intersections while pedestrians attempt to cross the street. In other cases, the driver might lose control of their vehicle and run up on sidewalks or walkways.

When a pedestrian accident occurs at an intersection, it is important to determine which party had the right of way. The right of way refers to the right to proceed through the intersection first. If you have the right of way (or, as some states say, if the other drivers have a duty to yield), you may proceed freely. Others must stop and wait their turn. Our pedestrian accident lawyers can review traffic or security camera footage from the intersection and talk to witnesses to figure out who had the right of way.

Traffic lights may determine the right of way at intersections and crosswalks. If the traffic light is red, vehicles must stop, and pedestrians may be free to cross the street. If there is no traffic light, there might be a pedestrian traffic signal. When a pedestrian is given the signal to cross, all vehicle traffic must halt. Liability may be determined based on who did or did not have the right of way during an accident.

In other cases, a negligent driver might lose control of the car and crash into pedestrians on a sidewalk. Inattentive driving, speeding, or drunk driving are common causes of these types of collisions. Since drivers are not supposed to be on sidewalks at all, it may be a bit easier to prove the driver is liable.

What to Do After a Pedestrian Accident

Immediately after a pedestrian accident, you should call for emergency assistance. Emergency medical responders and the police should be dispatched to your location to help you and anyone else that may have been injured. If the driver flees the scene before the police arrive, they can be criminally charged with a hit and run.

Pedestrians struck by vehicles tend to be very badly hurt, and you should stay put and wait for help. If possible, you or someone with you should take some photos and record videos with a smartphone. These photos and videos may serve as records of the crash and contain important details we can use in a lawsuit or insurance claim.

Once you have gotten to the hospital and received medical treatment for your injuries, you should contact an attorney about the accident. Your medical bills may be very expensive, you might be unable to return to work for some time, and you might find yourself in a precarious financial position. Just as importantly, seriously injured pedestrians suffer a significant loss in their day-to-day enjoyment of life. Our pedestrian accident attorneys can explain your legal options and help you get financial compensation from the people responsible for the accident.

How an Attorney Can Help You After a Pedestrian Accident

A lawyer can help you assess your damages and determine the best avenues for financial compensation for the accident. Typically a skilled attorney will begin by investigating the incident, documenting it, and demanding insurance companies settle the claim for full compensation. In some instances, a personal injury lawsuit will be necessary to recover what is owed.

It is important to involve our pedestrian accident lawyers long before the need to file a lawsuit. Many pedestrian accident cases are resolved without ever entering a courtroom. We can work to negotiate a settlement agreement with the driver’s insurance company, which often allows our clients to receive compensation for damages much faster than a lawsuit. If settlement talks break down or the insurer refuses to negotiate in good faith, we can still pursue a personal injury lawsuit.

Gathering Evidence for a Pedestrian Accident Case

Your ability to recover will depend greatly on the evidence, including how the accident happened and the extent of injuries that you suffered. Evidence is important at every stage of the recovery process, even if a lawsuit is not necessary. It is this evidence, skillfully developed and presented by your legal team, which will help you leverage the best possible settlement during negotiations, potentially without the need to file a legal action. Our pedestrian accident attorneys know where to look for evidence and how to use it in the best way possible.

As discussed previously, liability for a pedestrian accident may be determined by the right of way during the crash. If the parties cannot agree on whom had the right of way, we can look to things like security camera footage and eyewitnesses from the scene to determine the answer. We also work with some of the leading national experts in accident reconstruction and, when appropriate, we will have them create a full reconstruction of what happened which can be used in court if a lawsuit is necessary. This reconstruction includes everything from taking measurements at the scene of the accident to creating complex computer models to illustrate what occurred.

We also will develop evidence regarding the scope and extent of your injuries. Photos and videos of your injuries are important, as are your medical records. These records can prove how severe your injuries were and how much they cost to be treated. Beyond this, however, we also often work with documentary experts who will film the stages of your recovery process so that insurance companies and a jury can see just exactly what you went through. We also can create detailed computerized models that illustrate the exact way that your injuries occurred. We also will develop detailed evidence of how your accident has impacted your activities of daily living and what future assistance may be required to help restore your life.

Call Our Pedestrian Accident Lawyers for Help Now

If you were injured in a car accident while walking as a pedestrian, our pedestrian accident lawyers can help you explore your legal options for compensation. For a free case assessment, call Wruck Paupore at (219) 322-1166.