Vehicles may be getting safer every year, but the same can’t be said for walking, the most basic form of transportation available.
Pedestrian accidents are on the rise in the United States. In 2018, there were almost 6,500 pedestrians killed in car, bus, truck, or bike accidents, the highest number since 1990, and an estimated 75,000 pedestrians were injured.
Recovery from a pedestrian accident can be long and painful, both physically and emotionally. It’s a major life event. If you or a loved one has been injured, you need committed legal advocates that can help you get your life back.
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Why do pedestrian accidents occur?
Traffic laws across the country almost uniformly give right of way to pedestrians on the road. If an accident occurs and a pedestrian isn’t engaged in reckless or negligent behavior, then fault most often lies with the driver.
According to a 2018 Governors Highway Safety Administration study, the prevalence of SUVs and other large vehicles are a top cause of pedestrian accidents, along with distracted driving caused by smartphones.
Other common causes include:
- Exiting a parallel or highway shoulder parked car
- Drivers making hasty turns
- Speeding
- Drunk driving
- Walking at night in dark clothing
- Being under the influence
- Poor sidewalk, parking lot, or road conditions
Protecting yourself
If you or a loved one has been involved in a pedestrian accident, do the following so you can begin protecting yourself:
- Call the police immediately
- Don’t leave the scene of the accident before paramedics or the police arrive
- Get the names and contact information for any witnesses
- Don’t disclose any information or make statements about the accident to anyone, including witnesses, individuals involved, or insurers
After the immediate needs of the accident have been taken care of, it’s important to contact an experienced attorney right away. Your attorney can advise you on what your best course of action is.
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Impact of a pedestrian accident
If you or a loved one were injured in a pedestrian accident, you know how extensive medical treatment can be. Care can involve:
- Emergency treatment and care
- Surgery or other invasive medical procedures
- Assistance of life support systems
- Occupational and physical therapy
- Assistive support, which can range from crutches to in-home medical care
Even after recovery, which itself can be long, painful, and expensive, accident victims can suffer. Emotional trauma, anxiety, and PTSD, lost wages and employment, and lingering physical injuries or disability can haunt victims.
As an injured party, you may be able to collect damages for a range of expenses as a result of the accident: medical bills, both current and future, lost wages and reduced capacity to work, and pain and suffering. Punitive damages may also factor in, depending on your case.
How we help
In order for you to have a full recovery, you deserve to receive the full compensation that you’re entitled to. Our pedestrian accident attorneys are committed to advocating for your rights so that you can be made whole again.
We help clients get the financial support they need to cover medical bills, expenses due to lost wages, and pain and suffering.
If you or a loved one has been involved in a pedestrian accident, time is valuable. Don’t wait to take action. Contact the experienced attorneys at Stark and Stark to learn more about your legal options.
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FAQs
Do I need to hire a pedestrian accident attorney?
While it’s up to each individual, retaining an attorney following a pedestrian accident is a smart legal move. An attorney can help you build a strong case against the parties involved in your accident, especially since there are often efforts to demonstrate comparative fault by the other side. Additionally, attorneys can help you retain witnesses, negotiate with insurance companies, and determine the best legal strategy for resolving your case.
Who pays my medical bills after a pedestrian accident?
The short answer is: insurance. The longer answer: it’s complicated. Following a pedestrian accident, your medical bills should be covered by the driver’s personal injury protection insurance.
If they don’t have that insurance, their auto or health insurance may cover your expenses. If they don’t have any insurance, you may be able to take them to court, but whether this will yield meaningful assistance is uncertain. The complexities of insurance payouts mean that it’s important to work with an attorney who is experienced in pedestrian accident law.
What is my pedestrian injury case worth?
There’s no one-size-fits-all settlement for a pedestrian accident case. The final value of your case depends on factors like the extent of your injuries, whether you missed work, any disability claims, and determination of fault.
Generally speaking, though, you can seem compensation for medical expenses and any lost wages. You may also be able to seek compensation damages like pain and suffering, emotional distress and any disability you may have suffered.
Will my pedestrian injury case go to trial?
It’s possible, but most cases can be resolved prior to trial through settlement, mediation, or arbitration. At Stark and Stark, we build strong cases for our clients so that insurance companies and any other parties are motivated to settle rather than take on the time and expense of a trial.
Every case is unique. It’s best to work closely with your attorney to decide what approach makes sense for your case.
