Car accidents are one of the more common forms of personal injury case. Drivers end up in accidents on the road and while negotiating busy city junctions and decide to claim compensation. These cases can be relatively straightforward when one driver collides with another due to some form of negligence. After filing police reports and keeping hold of invoices for expenses, victims can claim damages. The guilty party pays up, and the victim gets justice.
There is another area of personal injury law that residents should be aware of. Pedestrian accidents aren’t uncommon in built-up areas with a lot of traffic and even more residents. Many minor incidents that don’t result in physical injury go unreported. Drivers may get dangerously close to people on a crosswalk or when misjudging a changing light. Small-scale collisions may end with some angry words and gestures, and the two parties never see each other again. Yet, there is the potential for compensation claims if a pedestrian accident is severe enough to cause suffering and financial loss. It all depends on the amount of evidence available and who was to blame.
Making A Claim After A Pedestrian Accident
Pedestrian accidents are scary situations regardless of the amount of damage caused by the car driver. Anyone affected has the right to claim compensation to recover the costs involved. Compensation for pedestrian accidents falls into two categories. First, there are the economic damages. These are the costs incurred as a result of the incident, such as medical bills or lost wages from an inability to work. These costs are usually easy to prove, and your Long Island pedestrian accident lawyer will help you compile everything in your case file. Then, there is the non-economic damage caused by pain and suffering. Anyone dealing with mental and emotional trauma can seek compensation with adequate proof. Journals and character statements detailing stress, anxiety, and symptoms of depression help. Perhaps there weren’t too many physical injuries from the accident, but the nightmares about it have led to sleepless nights and a fear of going back on the busy streets.
Proving the effects of the accident is essential to gain compensation and cover those costs. You also have to be able to prove that the motorist involved was negligent enough to owe that money. There are many ways motorists can be at fault in pedestrian accident cases. Police and incident reports from the scene of the accident should give an objective account of what happened. Video evidence from dash cams or CCTV, as well as witness statements, also help. This evidence may prove that the driver acted recklessly on the road by speeding, ignoring red lights, or overtaking other cars. It may also show they were distracted or intoxicated at the time.
Pedestrian Accidents That Are The Pedestrian’s Fault
It’s easy to assume that when there’s an incident between a car and a pedestrian, and the pedestrian gets hurt, the car driver takes the brunt of the blame. They are the ones in control of the dangerous vehicle and, however unintentionally, the ones inflicting damage. Therefore, pedestrians can wrongly believe they will immediately get a massive payout for their injuries. However, New York state guidelines work under the principle of comparative negligence. This is where someone like the personal injury law office of Carl Maltese can help.
Comparative negligence means that the courts determine damages and payout relative to the amount of blame assigned to that person. They might find that the car driver was 100% in the wrong and that pedestrians should pay a cent. They might find that the pedestrian was actually the one completely at fault and therefore award 100% in favor of the car driver. Or, they may find it’s closer to 70/30 either way and determine costs appropriately. This is why it’s so important for car drivers to build a strong defense with their personal injury lawyers when dealing with pedestrian accidents. Any driver suffering any form of economic or non-economic damages after an incident has the right to seek compensation. Here are a few of the ways pedestrians can be deemed negligent.
1) Walking into traffic
Pedestrians can only walk into a lane of traffic or in front of a car in a small number of circumstances. Roads without sidewalks require pedestrians to carefully walk against the flow of traffic, and you can be on a highway when a vehicle breaks down. People hit after jaywalking or recklessly running out across a road are at fault. This could be crossing against a light or at a spot further up the street that’s more convenient.
2) Distracted walking
Much like distracted driving, pedestrians can be deemed negligent if they are distracted and not paying attention to traffic. Texting while walking or being on the phone at a crosswalk could lead to impaired judgment and seeing people walking in front of cars. The same goes for listening to music or podcasts while walking to work.
3) Not being visible at night
Visibility shouldn’t be problematic in urban areas if there are enough streetlights. A lack of visibility due to broken streetlights could mean there is a case against the city for not keeping people safe. In rural areas, pedestrians must be visible through reflective clothing or flashlights when walking on roads without sidewalks.
4) Intoxication
Finally, just as drivers are liable when driving under the influence of drugs or alcohol, the same applies to pedestrians. Intoxication can make it difficult to notice cars coming from behind and makes it more likely pedestrians may stumble onto the road.
Getting Professional Help With Pedestrian Injury Lawsuits
The best personal injury firms can help anyone making or defending a claim in pedestrian injury cases. Pedestrians dealing with pain and suffering after being struck by a car can sue for damages and work on a strong case. Drivers who are certain pedestrians share the blame or have the majority blame can work with lawyers to take advantage of comparative negligence. Whatever the situation, help is available. Get in touch with a local firm today, set up a consultation, and see how much you may be entitled to.
