Table Of Contents
- When You Need A Pedestrian Accident Attorney
- Causes of Pedestrian Accidents
- The driver
- The vehicle manufacturer/repair shop
- State/local government and engineering firms
- Types of Injuries in Pedestrian Accidents
- What to Do After a Pedestrian Accident
- What Are an Injured Person’s Damages in a Pedestrian Accident Case?
- How to Choose a Pedestrian Accident Lawyer
- Lawyer Referral
- Bar Associations
- Google Search
- Lawyer Directories
- Tips to Hire a Pedestrian Accident Attorney
- Experienced Pedestrian Accident Attorney
When You Need A Pedestrian Accident Attorney
Unfortunately, some of the most serious car accidents involve pedestrians. Of course, pedestrians are completely exposed. Moreover, vehicles that hit a pedestrian can cause serious injuries to the unprotected pedestrian crossing a street or jogging on a roadway. Therefore, if you have been involved in a pedestrian accident, you need a pedestrian accident attorney.
Causes of Pedestrian Accidents
When drivers don’t observe the road, the results can be devastating, especially for pedestrians. Some common causes of pedestrian accidents include drivers who don’t yield to pedestrians in crosswalks. Others don’t look in all directions when turning at an intersection.
Drivers who speed or drive under the influence of drugs or alcohol cause accidents involving pedestrians.
Some drivers cause pedestrian accidents when they ignore or don’t see traffic lights and stop signs.
Defectively designed intersections can cause pedestrians to be hit by a car.
Likewise, design defects in crosswalk locations, including failure to consider upstream and downstream traffic flows, lead to accidents which injure pedestrians.
Studies show that urban areas have a much higher number of pedestrian accidents than rural areas. Nevertheless, rural areas also have their share of horrific accidents involving pedestrians. For instance, winding country roads with limited visibility and high speeds create the perfect environment for a pedestrian accident.
This is especially true at night.
In many of these accidents, driver negligence is usually the major culprit. After such a pedestrian accident, your pedestrian accident lawyer may file a pedestrian accident lawsuit against the following parties:
If the driver failed to follow the rules of the road, and /or drove negligently, that driver is at fault for the accident. As a result, you can sue them for your accident.
The vehicle manufacturer/repair shop
If there was a defect in the car that caused the accident, such as faulty brakes, the manufacturer may be liable for the accident.
Likewise, if a repair shop made repairs to the vehicle which led to a defect in the vehicle, you could sue the repair shop for your injuries.
State/local government and engineering firms
If a state or local government agency defectively designed the roadway or intersection where the accident happened, you could sue the responsible agency. You can also sue the engineering firm they hired to design the roadway.
In fact, those who design and maintain public crosswalks must consider pedestrian safety. If they don’t, and the crosswalk itself is unsafe, then those responsible can also be held accountable for a pedestrian accident. Potential defendants in crosswalk location negligence may include, but are not limited to, engineering firms and governmental agencies.
In short, if they have injured you while crossing the street, you need a pedestrian accident attorney to help you determine who is at fault.
Types of Injuries in Pedestrian Accidents
Pedestrian accidents are often catastrophic because the human body simply cannot withstand the damage caused by a collision with a motor vehicle. The impact of being hit with thousands of pounds of metal can cause serious injuries. This includes broken bones, and other orthopedic injuries, soft tissue injuries and traumatic brain injuries (TBI).
Additionally, pedestrian accidents also cause spinal cord injuries and head and neck injuries.
What to Do After a Pedestrian Accident
If a pedestrian accident injures you, there are a few things you should do (if you can).
First, get the name, driver’s license number, insurance information, and phone number of any driver involved in the incident.
Additionally, get the names and contact information of any witnesses to the accident.
Next, call local law enforcement to the accident scene. You will want the details of the accident documented in a police report.
Finally, if the accident injured you, get medical treatment as soon as you can. You may feel fine right after the accident. However, it’s common for minor accident injuries to become serious injuries in a few hours or days.
Consequently, you need to see a doctor or other health care provider as soon as you can. As a matter of fact, if you have any injuries, you need to get them diagnosed and treated as soon as possible.
What Are an Injured Person’s Damages in a Pedestrian Accident Case?
In a pedestrian accident case, there are several types of damage claims injured persons make:
Medical expenses – You may recover all your medical expenses (even those which insurance paid
Lost wages – You may make a claim for the wages your employer did not pay you because you missed work because of your injuries
Pain and suffering – Injured parties can tell the jury how badly your back hurt after your pedestrian accident. You can also tell the jury how you got chiropractic treatment for weeks and you still have stiffness in your back most mornings when you wake up. That is pain and suffering
Disability – If there are lingering symptoms from your injury (and there often are), you can tell the jury about them. Perhaps you work at a desk all day but cannot sit for over 25-30 minutes because of the back injury you sustained in the theme park accident
Because of your back injury, you stop working frequently, get up from the desk and walk around the office. You can tell the jury about that. The jury can take that into account during their deliberations. They can then factor it into their damage award
Future medical treatment – If you suffered a traumatic brain injury or compound fracture of your leg after a car hit you, you may need medical and physical therapy treatment for the foreseeable future. You (and your doctor) can tell the jury about that
Loss of consortium – If a pedestrian accident killed your spouse, or severely injured him/her, the jury can compensate you for the loss of the affection, advice and companionship spouses show each other. In other words, the loss of consortium
How to Choose a Pedestrian Accident Lawyer
You will want a personal injury attorney who handles pedestrian accident cases. Pedestrian accident cases are a subset of personal injury cases. There are several ways you can find a good personal injury/pedestrian accident lawyer. However, you may have to do a little research:
Perhaps the lawyer who represents your business or who did a will for you can refer you to a pedestrian accident attorney.
Of course, state and local bar associations have lawyer referral services. Consequently, you can contact them for the name of local pedestrian accident lawyers.
Searching on Google for a “pedestrian accident lawyer near me” will get you a long list of personal injury lawyers who handle pedestrian accident cases.
Martindale Hubbell and Avvo are two of several online lawyer directories. Indeed, they help you find local lawyers based on their area of practice. Some directories offer client and peer reviews and ratings of the attorneys.
In fact, you will see multiple listings for pedestrian accident attorneys.
Tips to Hire a Pedestrian Accident Attorney
Of course, interview any pedestrian accident attorney you are considering in his or her office. You should get a free consultation.
Is the office neat? Does the staff seem competent and professional? Are phones answered promptly?
If the answer to these questions is “yes,” that’s a good sign.
Additionally, there are several questions you should ask the attorney before you hire them. For instance, ask how long have they been an attorney. Also, you can ask how many personal injury cases have they handled? And how many of them have been pedestrian accident cases?
Likewise, you will want to know if the attorney you are interviewing is the attorney who will handle your pedestrian accident injury claim.
Last, before hiring a pedestrian accident attorney, ask the attorney if he or she has dealt with the insurance company for the negligent person before.
Most personal injury lawyers (like those taking on pedestrian accident cases) work on a contingency fee basis. This means they don’t get paid unless they win the case at trial or settle.
In fact, most personal injury cases settle before trial.
When you get paid, your injury award or settlement, they take a percentage of what’s recovered, often around 25% to 35%.
In addition, understand exactly what contingency rate applies. Also, will you have to pay any expenses, such as expert witness fees?
What if you lose the case at trial? Are you responsible for paying any costs?
Make sure this is all set out for you before you hire the lawyer.
Experienced Pedestrian Accident Attorney
If a pedestrian accident has injured you, a close friend or a loved one because of a negligent driver, you need an experienced pedestrian accident lawyer. We will investigate the accident and determine who was at fault for your injuries.
Then we will negotiate a settlement with the insurance companies for the responsible parties that fully compensates you.
And, by the way, we negotiate with insurance companies almost every day.
However, if the insurance company is not willing to settle your case at a reasonable amount, we will prepare the case for trial.
Of course, the case can still settle. But, as every experienced lawyer knows, sometimes the at-fault party’s insurance companies don’t make the best settlement offers unless their backs are against the wall.
Lastly, we will fight to get you the compensation you deserve for your medical bills and pain and suffering. Contact our law firm to begin our attorney client relationship at our Hammond office at 219-200-2000 or online at alexmendozalaw.com for a free consultation.