Negligent drivers cause pedestrian accidents through behaviors like distracted driving, speeding, running red lights, or failing to yield to pedestrians in crosswalks.
If you are involved in a pedestrian accident, it’s essential to consult with a pedestrian accident attorney as soon as possible. An experienced lawyer can investigate the incident, gather evidence, and determine liability. They will also negotiate with insurance companies to ensure that you receive fair compensation for medical bills, lost earnings, inconvenience, and pain and suffering. If necessary, they can represent you in court, advocating for your rights and pursuing the full compensation you deserve.
How Do Negligent Drivers Cause Pedestrian Accidents?
Negligent drivers are a major cause of pedestrian accidents, and these accidents often result in severe injuries or fatalities. There are several common ways that careless or reckless driving leads to collisions with pedestrians.
Distracted Driving
One of the most common causes of pedestrian accidents is distracted driving. When drivers use their phones, eat, adjust their radios, or engage in other distractions while behind the wheel, they are less likely to notice pedestrians in crosswalks or near the roadside. Distractions can lead to accidents, especially in busy urban areas where pedestrians are more common.
Speeding
Driving over the speed limit, particularly in areas with heavy foot traffic, increases the likelihood of hitting a pedestrian. At higher speeds, drivers have less time to react to unexpected situations, like a pedestrian suddenly crossing the street. In addition, if a pedestrian steps into the road, speeding makes stopping quickly harder for drivers.
Running Red Lights or Stop Signs
Some drivers ignore traffic signals and signs, rushing through intersections without regard for pedestrians crossing the street. When a driver runs a red light or fails to stop at a stop sign, they may collide with a pedestrian who is legally crossing the road, unaware of the vehicle’s approach.
Failure to Yield
Drivers sometimes fail to yield to pedestrians, especially at crosswalks. Pedestrians have the right of way in many situations, but negligent drivers may not stop or slow down when pedestrians are attempting to cross the street. Failing to do so can be particularly dangerous when pedestrians are in marked crosswalks or waiting to cross at a traffic light.
Driving Under the Influence
Alcohol and drugs impair a driver’s reaction time, judgment, and coordination. Drivers who are under the influence are much more likely to miss seeing pedestrians, misjudge distances, or fail to stop in time to avoid a collision. These drivers pose a serious danger to pedestrians, especially late at night or in poorly lit areas.
Reckless Driving
Aggressive driving behaviors, such as tailgating, weaving between lanes, or making unsafe lane changes, can result in pedestrians being hit. Drivers who are impatient or in a hurry may not pay attention to pedestrian safety, increasing the risk of accidents.
What Are the Qualities of a Good Pedestrian Accident Lawyer?
A good pedestrian accident attorney plays a crucial role in helping victims handle the legal process and secure fair compensation for their injuries. When choosing an attorney for a pedestrian accident case, there are several key qualities to look for.
- Experience with Pedestrian Accident Cases – One of the most important qualities is experience. A knowledgeable attorney should have a proven track record of handling pedestrian accident cases specifically. These cases often involve unique legal and medical issues, such as proving fault, dealing with insurance companies, and understanding the long-term repercussions of injuries. An experienced attorney will know how to build a strong case, gather necessary evidence, and negotiate with insurance companies effectively.
- Strong Communication Skills – A good pedestrian accident lawyer must be able to clearly explain legal concepts to their clients, as well as keep them updated on the progress of their case. They should be good listeners, taking the time to understand the details of the collision and the client’s concerns. Effective communication is also important when dealing with other parties involved in the case, such as insurance adjusters, medical professionals, and witnesses.
- Knowledge of Personal Injury Law – Pedestrian accident cases fall under personal injury law, so a solid understanding of this area of law is essential. A good attorney will be familiar with local traffic laws, the rules governing liability in pedestrian accidents, and the legal procedures required to file a successful claim. This knowledge helps them provide accurate legal advice and pursue the most effective strategies for the victim.
- Compassion and Empathy – Pedestrian accidents can leave victims with serious injuries, emotional trauma, and financial struggles. A compassionate attorney will understand the physical and emotional toll the accident has taken on their client. They should be empathetic, offering not only legal guidance but also support throughout the recovery process.
- Strong Negotiation Skills – Most pedestrian accident cases are settled out of court through negotiations with insurance companies. A good attorney must be a strong negotiator, fighting for a fair settlement that covers medical bills, lost income, pain and suffering, and other damages. If a fair settlement cannot be reached, the attorney should be ready to take the case to trial if necessary.
- Reputation and Reviews – A good attorney should also have a strong reputation in the legal community and positive reviews from past clients. Researching an attorney’s reputation can help ensure they are trustworthy, reliable, and dedicated to their clients’ best interests.
These qualities are essential for a pedestrian accident attorney to provide effective legal representation and secure the best possible outcome for their client.
How Can a Pedestrian Accident Lawyer Help with Your Case?
A good pedestrian accident attorney can provide invaluable support in securing compensation and navigating the legal process following an accident. They handle various aspects of a claim or lawsuit, ensuring that victims have the best chance for a successful outcome. Here are several ways in which an experienced lawyer can help:
- Investigating the Accident – One of the first steps a pedestrian accident lawyer will take is thoroughly investigating the incident. They will gather evidence, such as police reports, traffic camera footage, eyewitness testimonies, and medical records. This evidence helps establish fault and build a strong case. They may also work with accident reconstruction experts to determine exactly how the accident occurred and who is responsible.
- Determining Liability – In pedestrian accidents, determining who is at fault can sometimes be difficult. A skilled lawyer will carefully analyze the circumstances surrounding the accident to identify all potentially responsible parties. These parties can include the driver or even a government entity for poor road conditions. Understanding liability is crucial to building a strong claim.
- Calculating Damages – Pedestrian accidents often result in significant physical, emotional, and financial damage. A good lawyer will work with medical professionals to assess the full extent of your injuries, including long-term consequences. They will also take into account lost income, medical expenses, pain and suffering, and any future treatment or rehabilitation needs. This comprehensive understanding of damages ensures that you seek fair compensation.
- Dealing with Insurance Companies – Insurance companies often try to settle claims quickly and for as little money as possible. A pedestrian accident lawyer can handle all communication with insurance adjusters, ensuring that your rights are protected. They know the tactics insurers use to minimize payouts and will fight to ensure you receive a fair settlement based on the true value of your losses.
- Negotiating Settlements – A knowledgeable lawyer is an effective negotiator who can push for a fair settlement that covers all your damages. They will use their knowledge of the law, evidence, and experience with similar cases to ensure the settlement is sufficient. If a fair settlement is not offered, the lawyer can take your case to trial.
- Representing You in Court – If your case goes to trial, a good pedestrian accident attorney will be fully prepared to represent you. They will present evidence, cross-examine witnesses, and argue on your behalf to ensure that you get the compensation you deserve.
How To Prove the Elements of a Pedestrian Accident Claim
In a pedestrian accident case, certain legal elements must be proven to establish fault and secure compensation. These elements include duty of care, breach of duty, causation, and damages. Furthermore, various types of evidence are necessary to support these claims and demonstrate that the driver’s (defendant’s) actions caused the pedestrian’s injuries.
Duty of Care: The first element shows that the defendant owed a duty of care to the pedestrian. Drivers have a legal responsibility to drive safely and follow traffic laws, including yielding to pedestrians in crosswalks.
Breach of Duty: The next element involves showing that the defendant breached this duty of care. For example, if the driver was speeding, distracted, or ran a red light, they would have violated their duty to act responsibly. The lawyer will need to demonstrate that the driver’s actions or inactions directly contributed to the accident, either through negligence or reckless behavior.
Causation: Causation is the link between the defendant’s breach of duty and the pedestrian’s injuries. The injured party must prove that the driver’s actions were the direct cause of the accident and that their injuries would not have occurred if the driver had acted properly. This element can be complicated, but a skilled attorney will work to establish that the driver’s behavior is the primary cause.
Damages: The final element is proving that the pedestrian suffered actual damages, such as physical injuries, emotional distress, lost wages, or medical expenses. Damages must be quantifiable, showing the repercussions the accident has had on the pedestrian’s life.
Compensable Losses in Pedestrian Accident Cases
In pedestrian accident cases, victims can receive compensation to help cover their losses. These losses, or damages, fall into three main categories: economic damages, non-economic damages, and punitive damages. Each type addresses a different aspect of the harm the accident caused.
Economic Damages
Economic damages cover the direct financial losses a pedestrian suffers due to the accident. These damages are based on actual costs, making them easier to calculate. Common examples of economic damages include:
- Medical Expenses – These expenses include all costs related to treating the injuries resulting from the accident. It can cover hospital bills, doctor visits, surgeries, medications, physical therapy, and long-term care if necessary.
- Lost Income – If the injured pedestrian cannot work because of their injuries, they may receive compensation for the earnings they lost. This compensation includes both short-term and long-term income losses, if the injuries prevent them from returning to their job.
- Future Earnings – In cases where the injuries are severe or permanent, the victim may also be entitled to compensation for future lost earnings, especially if the injuries leave the person unable to work at their previous job or at all.
- Property Damage – If any personal property, like a phone or clothing, was damaged in the accident, the victim may receive compensation to repair or replace it.
Economic damages are meant to replace the actual financial losses the pedestrian accident caused, making them fairly straightforward to calculate.
Non-economic Damages
Non-economic damages are harder to measure because they compensate for emotional and personal suffering. These damages are awarded for the pain and distress resulting from the accident and injuries. Examples of non-economic damages include:
- Pain and Suffering – Recovery for pain and suffering compensates the victim for physical pain and emotional distress experienced from the injuries. It may also account for chronic pain or long-term discomfort.
- Emotional Distress – Victims can be compensated for anxiety, depression, or other emotional effects that result from the accident.
- Loss of Life Enjoyment – If the accident prevents the victim from participating in activities they once enjoyed, they may receive compensation for their lost quality of life.
Non-economic damages do not have a clear dollar value but are still important for compensating emotional suffering.
Punitive Damages
Punitive damages are not meant to compensate the victim, but to punish the defendant for extremely reckless or malicious behavior. These damages are awarded in cases where the defendant’s actions were particularly dangerous, such as driving under the influence of alcohol or drugs. Punitive damages are rare but can significantly increase the compensation amount.
Talk with a Skilled Pedestrian Accident Attorney Today
If you sustained injuries in a recent pedestrian collision, a skilled personal injury attorney can help you throughout your case. Your lawyer will file a pedestrian accident claim on your behalf, negotiate with insurance adjusters, and pursue a favorable settlement. If the insurance company does not settle your case fairly, then your attorneys at Robinette Legal Group, PLLC may pursue a favorable litigation result in the state court system on your behalf.
Jeffery Robinette was admitted to practice law in 1991 and is licensed in all levels of state and federal trial courts in West Virginia. Mr. Robinette is also licensed in all state and federal appeals courts in West Virginia and the United States Supreme Court. As a National Board Certified Trial Attorney who has handled hundreds of motor vehicle, injury, and construction defect claims and a leading author on insurance claims settlement issues and difficulties in West Virginia, Jeff Robinette is uniquely qualified to represent your best interest.
