Are you a pedestrian currently recovering from injuries sustained in a car accident? The good news is, you could be entitled to make a claim for car accident compensation. Car accidents involving pedestrians account for over 30,000 cases each year; many of which fall under the radar because victims are unaware of their entitlement to a car accident injury claim. US personal injury law is not merely designed for drivers and passengers involved in car crashes. Regardless of age or mobility, our leading car accident injury solicitors will happily undertake your case. If you have endured the misfortune of injury as a result of a car accident, there is a significant chance your case will meet our basic criteria.
Who is at fault in a pedestrian-car accident?
Determining liability is crucial when it comes to a pedestrian-car accident. Understanding who is at fault will play a significant role in the compensation process for the injured pedestrian. However, it is not always a straightforward task.
Several factors are taken into consideration when determining liability. The most crucial element is establishing whether the driver or the pedestrian acted negligently. Negligence refers to the failure to exercise reasonable care, resulting in harm to others.
In some cases, liability may solely fall on the driver. This occurs when the driver fails to adhere to traffic laws, such as speeding, running a red light, or driving under the influence. These actions demonstrate a clear disregard for the safety of pedestrians and make the driver primarily responsible for the accident.
However, pedestrians also have a duty to exercise reasonable care. If a pedestrian jaywalks, crosses against a traffic signal, or unexpectedly darts into the path of a vehicle, they may share some degree of liability for the accident.
Liability is often not absolute and can be shared between multiple parties. Comparative negligence laws come into play when both the driver and pedestrian contributed to the accident. In such cases, compensation may be divided based on the respective degrees of fault.
Types of compensation available for injured pedestrians
When pedestrians are involved in car accidents, they often suffer severe injuries that can have long-lasting physical, emotional, and financial consequences. Understanding the types of compensation available to injured pedestrians is crucial in navigating the complex process of seeking justice and recovering damages.
Medical Expenses
Injured pedestrians are entitled to compensation for their medical expenses resulting from the accident. This includes emergency room visits, hospital stays, surgeries, medications, physical therapy, and any ongoing medical treatments required for their recovery.
Lost Wages
If the pedestrian is unable to work due to their injuries, they may be eligible for compensation for the wages they have lost. This can include both past and future lost earnings, as well as any diminished earning capacity caused by the accident.
Pain and Suffering
Car accidents often result in physical pain, emotional distress, and a decreased quality of life for injured pedestrians. Compensation for pain and suffering aims to acknowledge and provide financial relief for these intangible damages.
Rehabilitation and Therapy
In some cases, pedestrians may require long-term rehabilitation and therapy to regain their physical abilities and cope with the emotional trauma caused by the accident. Compensation can be sought for the costs associated with these necessary treatments.
Property Damage
If personal belongings, such as clothing or electronic devices, were damaged or destroyed in the accident, injured pedestrians may be entitled to compensation for the repair or replacement of their property.
Wrongful Death
In the unfortunate event of a pedestrian fatality caused by a car accident, surviving family members may be eligible for compensation through a wrongful death claim. This can include funeral expenses, loss of financial support, and the emotional toll of losing a loved one.
Pedestrian Car Accident Claims Made Easy
Involvement in any form of car accident can be a traumatic experience. If you have been injured as a pedestrian by the driver of a lorry, car, or public transport vehicle, it is probable that you will qualify for car accident injury compensation.
If you were hit by a vehicle while crossing the road or walking on the pavement, you will have a strong case. Pedestrian car accident claims are handled in much the same way as those involving car crashes. Car accident solicitors seek damages directly from the insurance company of the person/ driver at fault, negating the need for costly legal cases and attending court. All we need are a few basic details to help us assign one of our solicitors to your case and the rest is undertaken by us.
See how easy it is to claim. Whether you’ve been involved in an accident crossing, or a hit and run, our trusted panel can advise you of the best course of action based on your individual circumstances.
Unsure Whether You Can Claim?
Car accident injury compensation claims for pedestrians are assessed in much the same way as road traffic accident claims. In some cases, it can prove a little difficult to ascertain the party at fault. This could be because the pedestrian in question crossed the road at a non-designated point, knowingly putting him/ herself in danger. Conversely, if you were injured indirectly whilst trying to escape the path of a carelessly driven vehicle, there may be a possibility of lodging a claim for car accident compensation. If you are unsure who was at fault, we can still help.
Texas personal injury lawyers are among the US leading specialists for car injury claims and will investigate your case thoroughly, at no cost. All they ask is that you provide a few basic details via the short online form, or call for an informal discussion.
Calculating damages: Factors that affect the value of your claim
When it comes to car accident compensation for injured pedestrians, calculating damages can be a complex process. There are several factors that come into play, which determine the value of your claim. Understanding these factors will help you navigate the compensation process more effectively.
- Severity of injuries: The extent and severity of your injuries will have a significant impact on the value of your claim. Serious injuries that require extensive medical treatment, and rehabilitation, or result in disability or long-term impairment will generally yield higher compensation.
- Medical expenses: The medical expenses incurred as a result of the accident will be a major factor in determining the value of your claim. This includes expenses for hospitalization, surgeries, medication, physical therapy, and ongoing medical care.
- Lost wages and earning capacity: If the accident has caused you to miss work or has affected your ability to earn a living in the future, these financial losses will be considered in the compensation calculation. The duration of time you are unable to work and the impact on your future earning capacity will be evaluated.
- Pain and suffering: Compensation for pain and suffering is often subjective and varies from case to case. Factors such as the severity of physical pain, emotional distress, and the impact on your quality of life will be taken into account.
- Property damage: If your personal belongings, such as clothing, electronic devices, or other valuable items, were damaged in the accident, you may be entitled to compensation for the cost of repairing or replacing these items.
- Comparative negligence: In some cases, both the pedestrian and the driver may share fault for the accident. The concept of comparative negligence comes into play, where the compensation amount may be reduced based on the percentage of fault assigned to the pedestrian.
Hiring a personal injury lawyer: When and why it may be necessary
Hiring a personal injury lawyer is a crucial step when navigating car accident compensation, especially for injured pedestrians. While not every case requires legal representation, there are certain situations where it may be necessary and highly beneficial.
If the accident results in severe injuries or long-term disabilities, it is crucial to seek the expertise of a personal injury lawyer. They have the knowledge and experience to assess the full extent of your injuries and the potential impact on your future well-being. They can help ensure that you receive the proper compensation to cover medical expenses, ongoing treatments, rehabilitation, and any necessary accommodations to support your recovery.
If liability is disputed or unclear, a personal injury lawyer can be invaluable in establishing fault. They will thoroughly investigate the accident scene, gather evidence, interview witnesses, and consult with accident reconstruction experts if needed. This comprehensive approach strengthens your case and increases the likelihood of a favorable outcome.
Insurance companies are notorious for trying to minimize payouts, and they may offer a settlement that falls short of what you deserve. Hiring a personal injury lawyer can level the playing field. They will negotiate on your behalf, ensuring that your rights are protected and that you receive fair compensation for your pain and suffering, lost wages, and other damages.
Filing a lawsuit: Exploring legal options if negotiations fail
While negotiating with insurance companies and the at-fault party is often the first step in seeking compensation for your injuries as a pedestrian, there are instances where negotiations may fail to yield a fair settlement. In such cases, it is important to explore your legal options by filing a lawsuit.
Filing a lawsuit can be an intimidating and complex process, but with the right legal guidance, it can help you pursue the compensation you deserve. The first step is to consult with a personal injury attorney who specializes in pedestrian accident cases. They will assess the strength of your case, gather evidence, and guide you through the legal proceedings.
During the lawsuit, your attorney will work diligently to establish the negligence of the responsible party. This may involve collecting witness statements, medical records, accident reports, and any other relevant evidence to support your claim. They will also calculate the damages you have suffered, including medical expenses, lost wages, pain and suffering, and any other applicable losses.
Filing a lawsuit does not guarantee a favorable outcome, but it provides you with the opportunity to present your case in court and seek justice. The legal process can be lengthy, involving negotiations, discovery, and potentially a trial. However, a skilled attorney will be by your side, advocating for your rights and fighting for the compensation you deserve.
Remember, every case is unique, and the outcome will depend on various factors such as the extent of your injuries, the evidence available, and the laws in your jurisdiction. By exploring your legal options and filing a lawsuit if necessary, you are taking a proactive step towards obtaining the compensation you need to recover and move forward after a pedestrian accident.