You can seek compensation even if you are partly to blame for your pedestrian accident. Most states have laws that allow victims of pedestrian accidents to obtain payment even if they share fault for the accident.
While sharing fault may reduce the compensation you can recover, you might still receive a substantial financial recovery. A lawyer will determine the accurate share of fault for the pedestrian accident and seek all of the compensation you deserve.
Further, many accusations of shared fault are false, as they are an attempt by at-fault parties or insurance companies to reduce liability. Never accept blame when you did not actually contribute to your pedestrian accident and injuries.
After an injury while walking, always consult a pedestrian accident lawyer in Cape Girardeau about your rights. They can sort out the issue of fault and advise on your rights to compensation.
Insurance Companies Often Try to Blame Pedestrians
Insurance companies are notorious for trying to shift the blame onto the victim in injury claims. They often argue that pedestrians are at least partially responsible for the accident, and therefore, should receive less compensation for their injuries. This tactic aims to protect the interests of the insurance company and minimize its financial liability.
Pedestrians have important rights on the road, and drivers have a duty to exercise caution and yield to them. However, insurance companies may try to downplay this responsibility and use various tactics to place some of the blame on the pedestrian. They may argue that the pedestrian was not using a crosswalk, was distracted, or was not paying attention to their surroundings.
If you have been in a pedestrian accident, always have an attorney who can identify who was truly at fault. Never simply accept an insurance company or driver’s accusations of blame, as they are often false.
What if You Did Contribute Somehow?
Sometimes, pedestrians do share some degree of fault for their accidents. Fortunately, this does not mean they lose the right to compensation. In most states, injured pedestrians can still recover substantial compensation even if they were somewhat to blame for the accident happening. Never assume you lose your rights because you might have contributed to a collision. Instead, allow a pedestrian accident lawyer to assess the situation.
Examples of How Parties Might Share Fault for a Pedestrian Accident
In some pedestrian accident cases, it is clear-cut who is in the wrong. For instance, if a pedestrian is legally walking on a crosswalk and a speeding motorist strikes them, the speeding motorist may be 100 percent at fault for the accident.
In other cases, it is not as clear who is responsible. Examples of such accidents include:
- A pedestrian is jaywalking when a drunk motorist hits them
- A pedestrian crosses the road when a crosswalk signal is defective, and a motorist hits them because the motorist has a green light (in this case, a municipality may share fault because of the defective light)
- An intoxicated pedestrian stumbles into the roadway and is hit by a distracted motorist
Fault in pedestrian accidents may become even more complicated when it is unclear who had the right of way. Whether you feel a motorist is completely at fault for the accident or suspect that you share fault, a lawyer will demand fair compensation for your accident-related damages.
An Attorney Will Determine Exactly How Much Compensation You Deserve
The cost of traffic accidents frequently reaches six figures (or more), especially when the victim suffers serious injuries. Let a pedestrian accident lawyer complete the record-gathering and mathematical equations necessary to calculate your case’s value.
Your lawyer will:
- Identify every type of harm resulting from your pedestrian accident
- Determine who is responsible for what share of fault (down to the specific percentage)
- Calculate the total cost of your accident-related damages
- Deduct your share of fault (if any) to establish a final settlement value
Calculating damages can be difficult when a single person is at fault for the accident. When multiple parties share fault, calculating damages becomes even more complicated. Rely on an experienced pedestrian accident lawyer to ensure you are seeking the entire financial recovery you deserve.
Pedestrian Accidents Often Cause Life-Changing Injuries
Pedestrians don’t have the physical protection that a motor vehicle provides. Nearly 8,000 pedestrians died from traffic accidents in the U.S. in a recent year, and thousands more suffered serious injuries. The extreme danger pedestrians face when hit by a motor vehicle means:
- There is a significant chance that pedestrian accident victims suffer disabling injuries
- Many pedestrian accident cases are wrongful death cases
- Your case may have a high value due to the physical, psychological, and financial effects of a pedestrian accident
These are all reasons to hire an experienced pedestrian accident lawyer for your claim or lawsuit.
Recoverable Damages for Pedestrian Accident Victims
Damages in a pedestrian accident case may vary depending on whether or not the accident is fatal. In non-fatal pedestrian accident cases, recoverable damages may include:
- Healthcare expenses: Your lawyer will account for every medical bill you incur from the moment of your accident until you have reached maximum recovery. If you have disabling injuries or suffer long-term health problems, your lawyer will account for future medical expenses you will face.
- Professional damages: The health effects of your accident may cause lost income, diminished earning power, lost benefits, and other professional harm. Your pre-accident earnings and the severity of your work losses will determine the cost of your professional damages.
- Pain and suffering: Pedestrian accident victims may face a wide range of severe pain and suffering. These damages may include extreme physical pain, post-traumatic stress disorder (PTSD), emotional anguish, psychological distress, lost quality of life, and other types of pain and suffering.
- Mental health treatment costs: If you need any type of therapy, medication, or other treatment for pain and suffering, an attorney will calculate your treatment costs. Because liable parties caused the accident, they should have to pay for the cost of your mental health treatment.
- The cost of replacing damaged property: If your phone, clothing, or other personal items were damaged during the pedestrian accident, your attorney will include such costs in your case.
Your lawyer will discuss your damages with you. They may also hire experts to help evaluate your accident-related damages and determine your case value.
Recoverable Damages When a Pedestrian Passes Away
Despite technology that helps motorists detect pedestrians and other hazards, pedestrian fatalities remain high. If you have been affected by a fatal pedestrian accident, allow a lawyer to seek the compensation you and your loved ones deserve.
Recoverable damages in a fatal pedestrian accident lawyer can include:
- The pain and suffering of surviving loved ones affected by the wrongful death
- Any pain and suffering the decedent endured before passing away
- Funeral costs
- Loss of consortium (which often includes lost spousal companionship)
- Loss of the decedent’s income (through retirement age)
- Loss of the decedent’s contributions to their household
Wrongful deaths are overwhelming. You may not be emotionally or psychologically prepared to deal with a wrongful death case, and you don’t have to. An attorney will take your case off your hands so you can prioritize your physical and psychological well-being.
How Pedestrian Accident Lawyers Serve Their Clients
Expect a pedestrian accident to go above and beyond, handling every detail of your insurance claim or lawsuit. Whether you need to file a lawsuit will depend on whether liable parties offer a fair settlement.
Your attorney will build your claim or lawsuit by:
- Visiting the accident scene and gathering evidence: If circumstances allow, your lawyer and their investigators will visit your accident scene. They will secure all evidence relevant to your case, including traffic camera footage, witness testimony, photographs of the scene, and a police report.
- Working with experts: Pedestrian accident lawyers can afford to hire experts to contribute to their cases, and often do. Experts in accident dynamics, medicine, mental health, and work-related losses may strengthen your case.
- Documenting your accident-related damages: Documentation of your damages may include medical bills, your doctors’ diagnoses of injuries, employment records, and invoices related to vehicle repairs.
- Determining your case value: Your lawyer will determine your case value when they have full information about your damages. They will consider current and future damages when calculating a fair settlement value.
- Negotiating with insurers: One or more insurance companies may owe you compensation for your accident-related damages. Your attorney will arrange and complete settlement negotiations on your behalf.
- Filing a lawsuit, if necessary: Your lawyer may need to file a lawsuit if insurance does not cover your accident-related damages. Coverage limits and bad-faith negotiations are two potential barriers to a fair settlement.
- Taking your case to trial, if necessary: If your lawyer files a lawsuit and still does not receive a fair settlement offer from insurers, they may transition to the court process. Your pedestrian accident lawyer may have extensive experience leading cases in trial, which means they will be well-suited to lead your court case.
- Protecting and advising you at every turn of your case: An attorney will protect you from the moment they accept your case. They will handle case-related duties and advise you so that no rights violations happen.
Having a lawyer handle your case may provide the psychological relief you need. Don’t hesitate to find a qualified attorney and have them fight for your financial recovery.
Reasons for a Pedestrian Accident Victim to Hire a Lawyer
If you need more reason to hire a lawyer for your case, consider that:
- A law firm will pay expert fees, filing costs, and all other case-related expenses
- A lawyer’s experience resolving pedestrian accident cases may allow them to overcome case-related challenges without issue
- You may not have the time necessary to build an effective insurance claim or lawsuit on your own
- A lawyer can take your case to trial if necessary (while you may be unable to handle the demands of a trial on your own)
Law firms offer resources, experience, and services that are difficult to value. Your ability to focus intently on your recovery is another compelling reason to hire a law firm for your pedestrian accident case.
Risks of Handling Your Pedestrian Accident Case Without a Lawyer
There are benefits to hiring a pedestrian accident lawyer. There may also be severe risks in not hiring a lawyer. If you handle your pedestrian case on your own, you may:
- Risk worsening your health problems: Your doctor may advise you to rest as much as possible after the pedestrian accident. Handling an insurance claim or lawsuit may prevent you from following this advice. Your physical condition can deteriorate further if you do not rest and receive treatment because you’re handling your case.
- Compromise your mental health: Your mental health may be fragile because of accident-related trauma. Stress can worsen your mental health, and insurance claims are undoubtedly stressful.
- Have to learn the details of insurance claims and lawsuits: If you are not familiar with the demands of insurance claims, you may have to learn about the process on the fly. Considering the stress you have experienced, you may be unable to retain or apply information about the claims process.
- Have to negotiate directly with experienced insurance representatives: Chances are that you do not regularly negotiate financial agreements. Even if you do, insurance representatives may have far more experience negotiating pedestrian accident settlements. This may place you in a poor position when it comes time to negotiate the settlement you deserve.
- Failure to obtain the compensation you deserve: The challenges of handling your own case may lead to disappointing financial results. Failing to get a fair settlement can be devastating, considering how expensive pedestrian accidents can be.
Don’t take these risks lightly. You have one opportunity to secure fair compensation for accident-related damages, and you may determine that a lawyer is best suited to take full advantage of that opportunity.
How Do I Find a Pedestrian Accident Lawyer?
You might identify the right pedestrian accident lawyer for your case by:
- Acting on recommendations from friends or family
- Researching law firms online, considering their case results and reputations during the research process
- Contact law firms who post advertisements in your city
You should complete free consultations with any law firms you are considering hiring. Ask the firms why they are qualified to lead your case. Consider all available information before hiring a lawyer to represent you.
Hire Your Pedestrian Accident Lawyer as Soon as Possible
Pedestrians usually have a limited time to file a lawsuit against liable parties. If you wait to hire your lawyer, you risk missing the filing deadline. Begin researching law firms today and making your list of firms that can handle your case.
Justice can’t wait. Hire your law firm and let them fight for your financial recovery.