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After a pedestrian accident, call a Law.com Premier Attorney

Do I need a pedestrian accident lawyer?

Pedestrian accidents can be devastating and life-altering. Unfortunately, insurance companies are not always on the side of the pedestrian. Fault in a pedestrian accident may seem obvious, but to avoid making a payout, adjusters frequently blame the person who was walking for the accident. This is where a pedestrian accident lawyer comes in. A lawyer can help victims of pedestrian accidents navigate the legal system and ensure they receive the compensation they deserve.

If you have been injured in a pedestrian accident, it is important to hire an attorney who specializes in this type of case. A pedestrian accident attorney has the experience and knowledge necessary to navigate the legal system and negotiate with insurance companies. They can also investigate the accident, gather evidence, and interview witnesses to build a strong case. Additionally, an attorney can represent you in court if necessary.

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Here are just some of the ways a pedestrian car accident lawyer helps injured crash victims and the families of fatal pedestrian accident victims:

  • Investigate. After a pedestrian accident, it is important to determine the cause of the crash in order to hold the responsible party accountable. This is where a pedestrian accident lawyer can be instrumental. An attorney can investigate the accident, collect evidence, and determine the cause of the crash. Common causes of pedestrian accidents include distracted driving, failure to yield to pedestrians, turning at intersections without looking both ways, and speeding. In some cases, design defects in crosswalk locations can also contribute to pedestrian accidents. A lawyer can investigate the circumstances surrounding the accident and identify the responsible parties.
  • Protect and collect evidence. Collecting and preserving evidence is crucial in pedestrian accident cases. A lot of important crash evidence can disappear quickly. A lawyer can locate evidence and file subpoenas or “spoilation letters” to prevent the documents from being destroyed. Examples of evidence that may be collected in a pedestrian accident case include:
    • Witness statements.
    • Surveillance video footage.
    • Police reports.
    • Medical records.
    • Photographs of the accident scene.
    • Expert engineering and accident reconstruction testimony.
  • ID all potential liable parties. In many cases, the driver of the vehicle may be held responsible for the accident. However, there may be other liable parties as well. For example, if the accident was caused by a defect in the vehicle, the manufacturer of a defective part may be held responsible. If the driver was distracted by a passenger in their vehicle, that passenger may be liable. If a commercial truck was involved, a trucking company or cargo owner may be liable. By identifying all potential liable parties, a pedestrian accident lawyer can help their clients receive the maximum amount of compensation possible. Even if one liable party is uninsured or underinsured, the others may have significant assets to pay for damages.
  • Calculate maximum compensation. An experienced pedestrian accident lawyer understands the long-term effects of the accident on the victim's life. They will take into account any ongoing medical treatment or physical therapy needed, as well as any future medical expenses when calculating a compensation package. They will also consider the victim's loss of enjoyment of life and any future earning potential that may have been affected by the accident. Furthermore, a skilled pedestrian accident lawyer will work to ensure that the compensation package places the highest value on care and comfort for the victim.
  • File a claim or lawsuit. Filing a claim for a pedestrian accident can be a complex and overwhelming process for injured victims, but not for an experienced pedestrian accident lawyer with a track record of success. They understand the legal requirements, deadlines, and evidence necessary to win big.
  • Negotiate aggressively for results. Insurance companies often refuse to offer fair settlements. It may take aggressive negotiation tactics and a strategically filed lawsuit to get the compensation and justice injured pedestrians deserve. Experienced car accident and pedestrian crash lawyers understand that to win they must be relentless in pursuing results.
  1. How does the law protect pedestrians on crosswalks?
    The law requires drivers to yield to pedestrians walking in a crosswalk with a "walk" signal or green light. However, pedestrians also have a responsibility to behave safely by not jaywalking, crossing against traffic signals, or walking in the road while under the influence.
     
  2. Can I file a lawsuit if a family member was killed in a pedestrian accident?
    Yes, the executor of the deceased person's estate can file a wrongful death lawsuit against the driver responsible for the pedestrian accident.
     
  3. Can I receive compensation to pay for future surgeries if I was injured in a pedestrian accident?
    It is possible to receive compensation for future medical expenses. However, all damages must be asserted at the time of the lawsuit. Working with an attorney ensures accurate estimates of injuries and potential future medical bills for fair compensation.
     
  4. How is it determined who is responsible for causing a pedestrian accident?
    Several factors, such as driver behavior and pedestrian adherence to road rules, are reviewed to determine responsibility for a pedestrian accident.
     
  5. What should I do if I was involved in a pedestrian accident?
    If you are a driver involved in a pedestrian accident, pull your car over to a safe place, check if the pedestrian needs medical attention, call the police, take photos of the accident, exchange information, and report the accident to your insurance company. If you are a pedestrian, call for medical attention, take photos of injuries and the accident scene, exchange information, and consider contacting an attorney.
     
  6. What are my duties as a pedestrian to avoid accidents?
    Pedestrians should yield to cars, cross streets at designated crosswalks or corners, obey traffic lights, avoid jaywalking, cross streets carefully, and avoid distractions like cell phones while walking.
     
  7. What damages can be recovered in a pedestrian accident case?
    Pedestrians can recover financial damages for medical bills, lost wages, pain and suffering, loss of enjoyment of life, and inability to perform daily tasks.
     
  8. Will my pedestrian accident case settle out of court?
    Most pedestrian accidents settle out of court, but it depends on the details of your case.
     
  9. How can I prove the driver was at fault in a pedestrian accident?
    To prove driver negligence, you must provide evidence that the driver breached their duty of care and caused harm to the pedestrian. This requires demonstrating that the driver owed a duty of care, breached it, and caused the injury.
     
  10. How long will my case take to resolve?
    The duration of your case depends on various factors, including the extent of your injuries and the complexity of the case. Your attorney can provide an estimate based on their experience.
     
  11. What are the most common causes of pedestrian accidents?
    Common causes include drunk driving, speeding, poor visibility, distracted driving, improper lane use, and road conditions like potholes and construction zones.
     
  12. What should I do if I was injured in a hit-and-run?
    Call the police, seek medical attention, gather evidence and witness contact information, and consult an attorney to evaluate your case and pursue compensation.
     
  13. Who will pay my medical bills if I don't have health insurance?
    The driver's car insurance may be responsible for paying your medical expenses. Consulting an experienced attorney can provide guidance on your specific lawsuit.
     
  14. What are the most common pedestrian injuries?
    Common injuries include broken bones, internal organ damage, spinal injuries, head injuries, paralysis, and fatalities.
     
  15. I believe the driver who hit me was texting. What should I do?
    If you suspect the driver was texting, contact an attorney who can review your case, gather additional evidence, and determine if there is enough information to prove negligence.

Being hit by a car is a traumatic experience that can have lasting physical and emotional effects. It's important to seek medical attention immediately and to consult with an experienced pedestrian accident lawyer as soon as possible. Overall, working with a pedestrian accident lawyer can help alleviate the stress and uncertainty of the claims process or pedestrian accident lawsuit, and ensure that your legal rights are protected every step of the way.

Attempting to take on an insurance company alone can be a daunting and risky process. Without the knowledge and experience of a seasoned attorney, you may miss out on compensation you're entitled to or accept a settlement that’s far less than what you're owed. Don't let the insurance companies take advantage of you.

If you've been hit by a car while walking or biking, reach out to an experienced pedestrian accident lawyer today for a free consultation. Remember, these lawyers work on a contingency basis, meaning if they don't win, you don't pay. Take the first step in getting the compensation you deserve and begin the healing process by seeking the help of an experienced attorney.

Injured? Call Now
1-866-828-0442
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Injured? Speak to a LAW.COM
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1-866-828-0442 or Submit Your Case Form