CALL (800) 863-5312 if you’ve been hit by a vehicle and need an attorney
Pedestrian accidents can occur in any place where pedestrians are present, and they often result in serious injuries and damages. If you were involved in a pedestrian accident, you may be entitled to legal compensation for your injuries.
Fortunately, most pedestrian accidents are preventable. Walkers and drivers who pay attention to their surroundings when traveling on sidewalks and public roadways avoid harm far more often than those who don’t.
Nevertheless, we cannot control the actions or behavior of others on the road. If you or a loved one was hit by a vehicle, attorneys at Zinda Law Group can help you learn what steps to take toward recovering compensation from the person at fault. Call us at (800) 863-5312 for a free case evaluation with one of our personal injury attorneys about your pedestrian accident today.
HOW OFTEN DO PEDESTRIAN ACCIDENTS HAPPEN?
In 2017, 5,977 pedestrians were killed in traffic crashes in the United States—approximately one death every 88 minutes. In addition to fatalities, an estimated 137,000 pedestrians were treated in emergency rooms for nonfatal, crash-related injuries. Pedestrians are 1.5 times more likely than passenger vehicle occupants to be killed in a crash.
Unsurprisingly, some factors increase the risk of a pedestrian accident. Use of alcohol, for instance. Almost half of fatal pedestrian accidents involve alcohol consumption by either the driver and/or the pedestrian. One in every three fatal pedestrian crashes involve a pedestrian with a blood alcohol concentration of at least 0.08 grams per deciliter. Seventeen percent (17%) of crashes involve a driver with a BAC of at least 0.08. Some pedestrian crashes involve both.
Older pedestrians are more at-risk for injury, with pedestrians over the age of 65 accounting for 20% of all pedestrian deaths and 10% of all pedestrian injuries. Children are also at heightened risk. One in every five children under the age of 15 killed in traffic crashes are pedestrians.
Other factors increase the likelihood of a pedestrian accident. Higher vehicle speeds increase both the likelihood of a pedestrian being struck by a car and the severity of the resulting injuries. Most pedestrian deaths occur in urban areas, at non-intersection locations, and at night.
Pedestrian accidents are devastating for victims, drivers, and loved ones. If you were involved in a pedestrian accident, you should contact an attorney who handles personal injury cases as soon as possible. An attorney may be able to help you assess your injuries and determine fault accordingly.
WHAT CAN PEDESTRIANS DO TO STAY SAFE?
Unfortunately, pedestrian accidents are becoming increasingly more frequent, especially in urban areas where walking is common. At some point in the day, everyone is a pedestrian and at risk for injuries. Luckily, there are some safety tips that pedestrians can follow to lower the risk of falling victim to an accident. The National Highway Traffic Safety Administration recently released a safety guide to protect pedestrians and raise awareness of the dangers to pedestrians; it provides safety tips, educational material, and other resources for walking Americans.
The National Highway Traffic Safety Administration tips are as follows:
- Be predictable. Follow the rules of the road.
- Obey all road signs and signals.
- Walk on sidewalks whenever they are available.
- If there is no sidewalk, walk facing traffic and as far from traffic as possible.
- Whenever possible, cross streets at crosswalks or intersections, where drivers expect pedestrians.
- Look for cars in all directions before crossing a road.
- If a crosswalk or intersection is not available, cross at a well-lit area where you have the best view of traffic.
- Never assume a driver sees you. Make eye contact with drivers as they approach to make sure you are seen.
- Be visible at all times. Wear bright clothing during the day and reflective materials at night.
- Watch for cars entering or exiting driveways and parking lots.
- Avoid alcohol or drug consumption when walking.
Although following these safety tips may not prevent all accidents, it can prevent many. Pedestrians who adhere to the aforementioned guidelines are less likely to be injured on roads. Thus, all pedestrians, adults and children alike, should follow the above safety tips when venturing out into public.
What can drivers do to keep pedestrians safe?
Although pedestrians who follow recommended safety tips are less likely to be involved in a pedestrian accident, they cannot eliminate the risks all on their own. Drivers should also follow safety guidelines to keep pedestrians as safe as possible.
According to the National Highway Traffic Safety Administration, drivers should adhere to the following nine tips:
1. Look out for pedestrians at all times.
2. Use extra caution when driving in poor conditions.
3. Slow down and be prepared to stop when turning or entering a crosswalk.
4. Yield to pedestrians in crosswalks and parking lots.
5. Never pass vehicles stopped at a crosswalk.
6. Never drive under the influence of drugs or alcohol.
7. Follow the speed limit, especially in high-traffic areas.
8. Adhere to slower speed limits in school zones and neighborhoods.
9. Be extra cautious when backing up.
Safety is a shared responsibility, and drivers and pedestrians must work together to create safe streets if we wish to avoid deadly consequences. If you were involved in an accident with a pedestrian, it may be beneficial to speak with an attorney about your legal options. In particular, you may be entitled to legal compensation if another person caused your injuries or damages.
WHO IS AT FAULT IN A PEDESTRIAN ACCIDENT?
When a driver hits a pedestrian, the first question asked is usually who was at fault for the accident. Fault allocation in pedestrian accidents can vary depending on your jurisdiction and its laws. Generally, fault in pedestrian accidents is determined by the law of negligence. A person who fails to exercise reasonable care under the circumstances may be considered negligent and liable as a matter of law.
Even if this fault allocation sounds simple, it rarely is in practice. In the chaos of an accident, it may be difficult to determine who actually caused the accident. In some cases, both the driver and the pedestrian can be at fault for the same accident.
If the pedestrian was illegally crossing the street while the driver was traveling above the speed limit, both parties could be responsible for the accident. Situations like this are treated differently depending on where the accident occurred. Some states follow pure contributory negligence rules, which bar an injured party from recovery if he/she was even slightly responsible for an accident. Other states follow comparative fault rules, which allow pedestrians to recover, even if they were partly responsible for the accident.
Liability for a pedestrian accident hinges almost completely on the type of jurisdiction in which it occurred. In these types of cases, jurisdictional law governs. Thus, it is essential that injured parties determine what type of jurisdiction they reside in and if their jurisdiction will allow for recovery. Researching these laws may be difficult, especially for severely injured plaintiffs. If you or your loved one was injured in a pedestrian accident, you should contact a personal injury attorney to help you assess the future of your claim.
WILL MY INSURANCE COVER A PEDESTRIAN ACCIDENT?
We at Zinda Law Group hear often from people who were involved in a pedestrian accident; the first thing they tell us is, “I was hit by a motor vehicle and need an attorney.” So, if this has happened to you, we are aware you have many concerns; and we have helped many who have been in situations like yours! Like them, you may be entitled to legal compensation for your injuries.
Sometimes, injured parties can recover compensation through the automobile insurance company of the responsible party. Injured pedestrians are also commonly covered under health and disability insurance policies. Recovery varies depending on the type of insurance policy and state policies.
Payment Under Automobile Liability Insurance
An injured party can usually file a claim against the driver or vehicle owner’s automobile liability insurance policy. Almost all states require that vehicle owners and drivers carry liability insurance to cover personal injuries to third parties. Recoveries may be dependent on who caused the accident and other insurance policy nuisances.
Payment Under No-Fault Coverage
No-fault states require insurance companies to pay for the medical expenses and lost wages of their own policyholders, regardless of who is at fault for an accident. This requirement is known as personal injury protection policies, or PIP. State laws vary when it comes to coverage for injuries to pedestrians in these states. In some states, the driver’s insurance company pays the amount of the pedestrian’s medical expenses up to the PIP limit, even if the accident is the pedestrian’s fault. Notably, there are some exceptions to these general payment rules.
Insurance policies are designed to protect holders from the devastating financial impacts of accidents. If you were involved in a pedestrian accident, you should contact your insurance company as soon as possible. Your insurance provider may be able to help you determine what is covered under your policy and insulate you from further trauma.
Don’t wait. get help from zinda law group’s PEDESTRIAN ACCIDENT LAWYERS
Pedestrian accidents can impose serious hardship onto a victim and their livelihood. These accidents usually involve high stakes and substantial dollar amounts. Pedestrian accident claims may also require extensive fault allocation and legal analysis. If you have been involved in a pedestrian accident, you should contact a lawyer who handles personal injury cases as soon as possible. An experienced attorney may be able to help you seek legal recourse for any damages sustained during the pedestrian accident.
At Zinda Law Group, we have the knowledge and resources necessary to help you pursue the highest compensation possible. Zinda Law Group may be able to provide you with personalized and quality consultation about the specifics of your legal claim. The sooner you contact our office, the better we may be able to serve you.
If you or your loved one was involved in an accident involving a pedestrian, call Zinda Law Group at (800) 863-5312 for a free consultation with one of our personal injury lawyers. You don’t owe us anything unless we win your case. That’s our No Win, No Fee Guarantee.
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