Written by Pedestrian accidents cause sever injuries and life-changing impact. Most of the work to deal with this involves professional legal advice after having an accident. A pedestrian accident attorney is a lifeline for victims to claim proper justice and compensation. Some common causes of pedestrian accidents and how attorneys handle a case can empower an individual to take the proper response after an unfortunate accident occurred.
A) Common Causes of Pedestrian Accidents:
Pedestrian accidents occur due to a variety of reasons, ranging from driver negligence to unsafe infrastructure. Identifying the root causes of these accidents is crucial for both prevention and legal resolution.
1) Distracted Driving:
Distractions in the fast-paced world today lead to pedestrian accidents. Distracted drivers are distracted by their cell phones, eating, or even other distractions that may lead to missing pedestrians crossing the road or walking along sidewalks. Such lapses often end up in devastating collisions.
2) Speeding:
Excessive speed reduces the time a driver takes to react, hence making it impossible to avoid pedestrians, particularly in residential areas or school zones. Pedestrian crashes caused by speeding usually cause severe or fatal injuries since the impact force is more significant.
3) Failure to Yield Right-of-Way:
Drivers are required by law to give way to pedestrians across marked crosswalks and intersections. Many accidents still happen because of failure on the part of drivers to oblige by the rules to place pedestrians at high risks.
4) Driving under the Influence (DUI):
Alcohol and drugs impede a driver from making rational decisions and responses. A drunk or influenced driver is likely to cause accidents against pedestrians, especially during nights.
5) Poor Visibility:
Accidents often occur where visibility is poor, during nightfall, heavy downpour, or foggy conditions. Pedestrians dressed in dark colors are more vulnerable, especially when using roads that are not lit properly.
6) Jaywalking:
Though drivers take most of the blame, pedestrians could also be partly responsible through jaywalking. This action exposes pedestrians to increased uncertainties with vehicles. They enter roads outside the marked-crossing areas or fail to regard traffic lights.
7) Unmarked or Unsafe Crosswalks:
The absence of correctly marked crosswalks and pedestrian signals leads to confusion and accidents. Unsafe infrastructure forces pedestrians to cross at dangerous areas, which increases the chances of collisions.
8) Reckless Driving:
Aggressive behaviors like running red lights, tailgating, or weaving through traffic create hazardous conditions for pedestrians. Such recklessness often results in preventable accidents.
9) Backing-Up Accidents:
Pedestrians become vulnerable in parking lots or driveways where drivers might not be able to view them while reversing. Lapses in attention or mishandling of backup cameras result in such accidents.
B) How Pedestrian Accident Attorneys Help:
The consequences of a pedestrian accident can be overwhelming for the victim. The costs of medical bills, lost wages, emotional distress, and long recovery periods are tremendous. A pedestrian accident attorney is the lifeline in getting through such situations.
1) Case Analysis:
The first thing that an attorney does is assess the facts of the accident to determine liability. The attorney gathers evidence such as police reports, witness statements, traffic camera footage, and photographs from the scene. This comprehensive evaluation helps build a strong foundation for the case.
2) Determination of Liability:
Who’s to blame is an important factor that has to be determined when seeking compensation. A pedestrian accident attorney investigates whether it is the driver, pedestrian, or a third party-who might be a municipality responsible for road maintenance-is liable. This way, the attorney will ensure there is a fair claim.
3) Handling Insurance Claims:
In any way, handling an insurance company can be pretty complex and frustrating. An insurer may seek ways to minimize payouts or transfer the blame to the victim. The experienced attorney bargains with the insurance adjuster for the highest recoverable damages in medical care costs, lost income, and suffering.
4) Computing Damages:
The pedestrian accident attorney computes the full extent of the damages suffered by the victim. This would include economic damages, like medical bills and lost wages, and non-economic damages, like emotional distress and loss of quality of life.
5) Legal Representation:
If settlement negotiations break down, a pedestrian accident attorney is ready to go to court. They are able to present strong evidence, argue on behalf of the victim, and advocate for fair compensation in front of a judge or jury.
6) Handling Comparative Negligence Cases:
In some cases, both the pedestrian and the driver may equally share fault. For instance, a pedestrian may be jaywalking while driving is speeding. Attorneys go through comparative negligence laws for victims to get compensation, which is proportional to how much the driver is actually at fault.
7) Adherence to Deadlines:
Legal procedures are well within specific time limits that are known as statutes of limitations. A pedestrian accident attorney will ensure that paperwork is submitted on time to prevent the case from being dismissed for failing to meet some deadlines.
8) Giving Emotional Support:
Attorneys, aside from providing the legal services, also emotionally support the victims and families in distress. They make them feel better by giving them reassurance and a plan forward.
C) Real-Life Case Examples:
1) Distracted Driving Accident:
A distracted driver who was texting while approaching a crosswalk ran over a pedestrian. The victim sustained multiple fractures and needed to be rehabilitated for months. The pedestrian accident attorney gathered cellphone records and eyewitness testimony to prove that the driver was negligent. This evidence resulted in a significant settlement that covered all the medical expenses, lost wages, and pain and suffering.
2) Unmarked Crosswalk Tragedy:
In another case, a pedestrian was hit at an unmarked crosswalk near a busy intersection. The attorney filed a claim against the municipality for failing to provide adequate safety measures, alongside the driver who failed to yield. The victim received compensation for medical costs and punitive damages to address the municipality’s negligence.
3) Preventative Measures and Advocacy:
Pedestrian accident attorneys not only help the victims but also advocate for safer streets and communities. By pointing out accident trends and holding negligent parties liable, attorneys play a role in promoting changes to infrastructure and traffic laws.
The Final Words:
Pedestrian accidents have devastating consequences, but their victims do not have to face the aftermath alone. Understanding the common causes of these accidents highlights the importance of safety measures for both drivers and pedestrians. An accident attorney for pedestrians is crucial support, from determining liability to securing fair compensation. Victims can then focus on recovery while ensuring justice with the help of an attorney who has the experience. In case you or your loved one has been involved in a pedestrian accident, you will definitely find a favorable outcome by consulting a professional attorney.
