When Pedestrians Can File an Injury Claim After an Accident

In the U.S., road mishaps claim over 40,000 lives annually, with pedestrians suffering the most in recent years. The National Center for Health Statistics (NCHS) estimates that 9,076 pedestrian deaths were recorded in 2023.

Pedestrian accidents can cause massive injuries, life-altering in nature. In some cases, it can even lead to death. Survivors often incur serious bodily harm along with the burden of stress from medical expenses and financial obligations. A few states provide certain special rights and protections to pedestrians injured by the driver’s carelessness or negligence.

According to a pedestrian accident lawyer in Hattiesburg, establishing liability is the underlying reason why your damage claims may be successful and therefore determine what compensation you receive for the economic and non-economic damages you suffered as a result of the actions of the defendant.

Let us discuss some instances where a pedestrian is entitled to make a claim upon sustaining injuries in an accident.

Understanding Negligence in Pedestrian Accidents

Another situation where pedestrian negligence can occur is a pedestrian crossing an extremely busy highway without proper attention on his or her part. Some pedestrians think that walking on streets filled with speeding cars is not dangerous.

Negligence can bring harm to others. One example is engaging in reckless driving. This behavior happens when the driver has little regard for what is ahead, exceeds the posted speed limit, and disobeys traffic rules. Recognizing the defendant’s negligent actions adds strength to your case.

You will need some evidence in your favor: pictures or statements of eyewitnesses. You have to show the actions of negligence taken by the driver that caused some actual harm or that affected your quality of life negatively.

Common Causes of Pedestrian Injuries

According to the personal injury law firm Gonzales Law Offices, the various modes of transportation available result in a wide range of accidents that affect both commuters and pedestrians.

There are many common threats to a pedestrian. Knowing them might just save your life.

Primary dangers arise from distracted driving. A driver must always focus on the road. They should avoid picking up the phone to text or answer a call. Lack of visibility caused by heavy rainfall or poor streetlights is also unsafe for drivers who are speeding. Another unsafe action is ignoring safety traffic rules.

There can be accidents by crossing the road without looking or wearing black clothes at night.

Caution and following the traffic laws can help safeguard and lower the chances of an accident.

Determining Liability in Pedestrian Accident Claims

Another thing you should know is that claims for liability in pedestrian accidents can be quite extensive, as lots of factors could contribute to them. At the time of the accident, you will analyze the number of crosswalks or traffic signals that did not work at any given time in your location. Investigations will also be held into the conduct of the driver and passenger.

Where drivers are at fault, that could be a result of their speeding or distracted driving. If the pedestrian was distracted or meandering too much, guilt could very possibly shift to them instead.

There are a lot of reports about the crash that you should read. Study the pictures of the scene and the police records, too. The traffic laws and bylaws from local areas and neighborhoods will offer assistance in determining who may actually be at fault.

All of these factors will be considered in determining liability.

The Role of Insurance in Injury Claims

The injury claim is just one part of the picture, with insurance making up the other part. When involved in a pedestrian accident, after all, the insurance of the other party will typically cover your medical expenses, lost wages, and other damages.

Different types of insurance can be involved, including auto liability and underinsured motorist coverage. These will affect the compensation you receive.

The claims process will follow, mostly involving submitting documentation, researching the validity of a claim, and negotiating with the insurance adjusters. Be ready for disputes when the adjusters try to lower the payout.

Having an understanding of your legal rights and aspects of your insurance coverage can help you reclaim the compensation that you deserve.

Steps to Take After a Pedestrian Accident

Knowledge of the steps that you need to undertake following a pedestrian accident can contribute greatly

Assess for any damages and phone 911 if necessary. You should approach a doctor without delay, even if you believe you are fine. Get the driver’s information, including their insurance information, and take pictures and comments from witnesses to keep a record of what happened. These proofs will be indispensable for your claim.

Report the accident to the police, get a copy of the accident report, and then keep the records of medical expenses. Get yourself a personal injury attorney who will explain your rights and litigate your claim in earnest. Following these steps will help you receive what you are rightly due.