Pedestrian accidents can be devastating. This leaves victims with severe injuries, emotional trauma, and financial burdens. When you are injured in a pedestrian accident, it can be overwhelming to deal with medical bills, insurance claims, and the legal process. This is where a pedestrian accident lawyer comes in.
These specialized attorneys focus on helping pedestrians who have been injured due to the negligence or recklessness of others. They can play a critical role in making sure you receive the compensation you deserve. We will discuss in detail what a pedestrian accident lawyer does, the steps involved in handling these cases, and how they can help you navigate the legal system.
What is a Pedestrian Accident?
A pedestrian accident occurs when a person walking or standing is struck by a vehicle or other moving object. Pedestrian accidents can result in a range of injuries, from minor cuts and bruises to life-threatening conditions such as head trauma, broken bones, or spinal cord injuries. Unfortunately, pedestrians are vulnerable to traffic collisions, as they have little protection compared to passengers inside a vehicle. Pedestrian accidents can happen in various settings, such as crosswalks, streets, sidewalks, parking lots, or even on private property. They often occur due to negligent or reckless driving behaviors like distracted driving, driving under the influence, speeding, or failing to yield the right of way. Regardless of the cause, pedestrian accident victims deserve justice and compensation for their suffering.What Does a Pedestrian Accident Lawyer Do?
A pedestrian accident lawyer is a personal injury lawyer who specializes in handling cases involving pedestrians who have been injured in accidents. These lawyers are experienced in advocating for victims, protecting their legal rights, and making sure that they are compensated for the injuries and damages they have suffered. Here are the key roles a pedestrian accident lawyer plays in your case:Investigating the Accident
One of the first steps a pedestrian accident lawyer takes is investigating the accident. This is important for building a strong case. Your lawyer will work to gather evidence and information to determine the cause of the accident and who is at fault. The investigation typically includes:- Obtaining police reports: The lawyer will review the police report to gather key details, such as the accident’s location, time, and the driver’s actions at the time of the incident.
- Eyewitness statements: Witnesses to the accident can provide valuable testimony regarding what happened, who was at fault, and any other relevant details.
- Traffic camera footage: If the accident occurred near traffic cameras or surveillance cameras, the lawyer will attempt to obtain footage to verify the sequence of events.
- Accident scene investigation: Your lawyer may visit the accident scene to gather additional evidence or take photographs of the location, road conditions, and other relevant factors.
Establishing Liability and Fault
One of the most important tasks a pedestrian accident lawyer performs is determining who is at fault for the accident. Establishing liability is necessary to hold the responsible party accountable and pursue compensation. Some common causes of pedestrian accidents that a lawyer will investigate include:- Distracted Driving: If the driver was texting, using a phone, or engaging in other distractions while driving, they may be found liable for the accident.
- Driving Under the Influence: If the driver was impaired by alcohol or drugs, they may be found negligent and held responsible for the pedestrian’s injuries.
- Speeding: Excessive speed can make it more difficult for a driver to stop in time to avoid hitting a pedestrian. Speeding through crosswalks or residential areas increases the likelihood of pedestrian accidents.
- Failure to Yield: Drivers are required to yield to pedestrians at crosswalks. If a driver fails to stop for a pedestrian who has the right of way, they may be held liable for the accident.
- Reckless or Aggressive Driving: Tailgating, road rage, and other aggressive driving behaviors can contribute to pedestrian accidents.
Helping You Understand Your Rights
After an accident, it can be difficult to know your legal rights and what steps to take next. A pedestrian accident lawyer will help you understand your rights and explain your legal options. They will provide guidance on how to pursue compensation and guarantee that you are treated fairly throughout the process. Your lawyer will explain things such as:- The statute of limitations: Every state has a time limit for filing personal injury claims. In New Jersey, for example, the statute of limitations for filing a pedestrian accident lawsuit is typically two years from the date of the accident. Your lawyer will help you meet all deadlines and not miss any critical filing dates.
- What compensation you can seek: You may be entitled to various types of compensation, such as medical expenses, lost wages, pain and suffering, and funeral expenses (if the pedestrian accident results in death). Your lawyer will help you understand what damages you can claim and work to maximize your settlement.
Negotiating with Insurance Companies
Insurance companies are often more concerned with minimizing payouts than fairly compensating accident victims. They may attempt to offer you a low settlement or deny your claim altogether. A pedestrian accident lawyer will negotiate with the insurance companies on your behalf to ensure that you receive a fair settlement. Lawyers are well-versed in negotiating with insurance adjusters. They understand the tactics used to minimize claims. If necessary, they will fight back against any unfair offers and work toward securing a settlement that fully covers your medical bills, lost wages, and other damages.Filing a Lawsuit and Representing You in Court
If a fair settlement cannot be reached through negotiation, your pedestrian accident lawyer may file a lawsuit to pursue compensation through the courts. They will prepare your case for trial, gathering evidence, interviewing witnesses, and presenting your case to a judge and jury. If your case goes to court, your lawyer will represent you every step of the way and guarantee that your rights are protected. They will advocate on your behalf, present compelling evidence, and argue for the maximum compensation possible.Helping You with Medical Treatment and Recovery
While a pedestrian accident lawyer primarily focuses on the legal aspects of your case, they can also assist you with finding the medical care you need. Many pedestrian accident victims require long-term medical treatment, rehabilitation, or physical therapy to recover from their injuries. A lawyer can connect you with healthcare providers who specialize in accident-related injuries. In some cases, a lawyer can help you find doctors who will treat you on a lien basis. This means they will be paid out of any settlement or judgment you receive. This allows you to receive medical treatment even if you cannot afford to pay upfront.Helping You Seek Compensation for All Damages
The ultimate goal of a pedestrian accident lawyer is to help you recover compensation for all of your damages. These can include:- Medical Expenses: This includes the cost of emergency treatment, hospitalization, surgery, rehabilitation, and ongoing medical care.
- Lost Wages: If you are unable to work due to your injuries, you can seek compensation for lost wages and any future loss of earning capacity.
- Pain and Suffering: Pedestrian accident victims may be entitled to compensation for the physical and emotional pain they have endured due to the accident.
- Punitive Damages: In cases where the defendant’s conduct was grossly negligent or reckless, you may be awarded punitive damages in addition to compensatory damages.
Why You Should Hire a Pedestrian Accident Lawyer
There are many reasons why hiring a pedestrian accident lawyer is beneficial after you have been injured in an accident. These include:- Experience and Expertise: Pedestrian accident lawyers are well-versed in personal injury law and have experience handling these types of cases. They understand the nuances of pedestrian accidents and know how to effectively advocate for victims.
- Access to Resources: A lawyer can work with expert witnesses, accident reconstruction specialists, and medical professionals to build a strong case.
- Peace of Mind: Having a lawyer handle your case gives you peace of mind, allowing you to focus on recovering from your injuries rather than dealing with legal complexities.
- Maximized Compensation: Lawyers are skilled at negotiating with insurance companies and fighting for the highest possible settlement or verdict.
