Pedestrian Accidents FAQ

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Accidents happen all the time that involve vehicles and pedestrians. Some will cause suffering from minor to major injuries and even death after an accident. Each outcome of an accident differs, as it depends on the cause, intent, and proof of negligence.

Although what causes a crash varies, most parties involved tend to have many of the same questions. A personal attorney lawyer can provide you with answers. You can learn a lot from frequently asked questions (FAQ) to file a pedestrian accident claim.

Primary Causes of Pedestrian Accidents

Driver inattentiveness is one of the fundamental reasons pedestrian accidents happen.

  • Applying make-up
  • Eating while driving
  • Talking and/or texting on smartphones
  • Programming GPS

Although distracted, driving is a vital cause of pedestrian accidents.

  • Impaired Drivers
  • Recklessness
  • Road Construction
  • Impatient Drivers
  • Terrible Weather
  • Wearing Dark Clothes at Night
  • Multi-Lane and Arterial Roads

If your injuries are from a vehicle-pedestrian crash, you will have many questions.

6 Frequently Asked Questions About Pedestrian Accidents

To ease your mind, get the answers to help you take the next legal steps.

Q: Who is At-Fault in a Negligent Vehicle-Pedestrian Accident?

Immediately after a car and pedestrian accident occurs, it may not be obvious who is at fault. Most times, people think the motorist is the at-fault party (defendant). As well as thinking, the pedestrian is the plaintiff (injured) in pedestrian accidents. Yet this may not at all be the case. It depends on who is proven to be the negligent party. When the cause is not as straightforward as at-fault or not-at-fault, two tort laws exist. They are for accidents where the driver and pedestrian are both at-fault.

Two Tort Laws Definition: Sharing the Blame

  • Comparative negligence transfers a proportion of the fault to the plaintiff. The percentage of their role in the crash is the amount of compensation they receive.

Example: If a plaintiff claims damages of $10,000, and they are 50% at fault for the accident, they can only recover $5,000. The plaintiff will also have to pay the rest, which, in this case, is $5,000.

  • Contributory negligence shifts the percentage of liability to the plaintiff. Since the plaintiff has some involvement, it bars them from receiving any compensation.

Thus, there are pedestrian accidents where both parties are at-fault from negligent behavior. Each is liable and shares the blame. Check with your state to learn more about its specific laws.

Q: What to Do When Filing a Claim for Injuries?

First, call for help and receive medical attention for your injuries. Once you stabilize your health, you need to do a few tasks to protect your right to receive compensation.

  • Record your injuries, damages, and other losses like the loss of wages.
  • Write down witness conversations and ones with other parties involved in the accident.
  • Collect and preserve evidence that caused the accident and any damage. Take videos and photographs.
  • Talk to the at-fault party to gain insurance and contact information.
  • Tell at-fault parties of your intention to file a claim.
  • Contact a personal injury attorney to investigate and to pursue your accident claim

Q: What are the Duties of Pedestrians to Avoid Accidents?

To avoid accidents and short- or long -term harm, pedestrians must obey traffic laws and observe traffic conditions. If the slightest bit of danger emerges, pedestrians should not cross the road. If you move forward and are aware of the risk, you can be partially to blame for the accident.

Q: How Soon Can I File a Personal Injury Claim After an Accident?

Every U.S. state statute of limitations differs for filing a pedestrian accident claim. State laws determine the duration of time you have to file a personal injury claim after an accident. Some time limits may be as little as one year, while other states may provide longer. If you miss your state’s deadline for filing a claim, the courts can dismiss your case. Check with your lawyer immediately after an accident to find out what your state's deadline is for filing an injury claim.

Q: What Damages Can Pedestrians Recover after an Accident?

Injured pedestrians may recover from past and future damage. The list of costs includes medical costs, wage loss, therapy fees, and other losses. The defendant can be court-ordered to award the plaintiff compensation for all damages. If they die, the plaintiff’s descendants can recover full compensation. They can request coverage for economic and comfort losses resulting from the death of the pedestrian.

Q: Which Items Do You Bring When Meeting with an Attorney?

To receive representation and gain compensation, you need to provide your lawyer with various items.

Some of these items include:

  • Eyewitness information
  • Incident videos, photographs, or recordings
  • Police reports and all relevant documentation
  • Copies of medical reports
  • Show current medical bills (doctor appointments, hospital stays, etc.)
  • Proof of property damage
  • Evidence of wages or job loss (time-off work)
  • At-fault insurance and contact information

Whether you are a pedestrian or survivor of an accident, meet with a personal injury attorney as soon as possible. To ensure claim success, bring all helpful documents to support your claim. Show your lawyer proof of the extent and nature of the injuries. Give him or her the papers that the hospital gave you for your stay, physical therapy, and medical care. Bring all the evidence you collected and preserved after the accident. Leave nothing behind for the more relevant information you provide, the higher your chances are of winning your claim.

Conclusion

When you are in a vehicle-pedestrian accident, learn all about what you need to do by contacting a lawyer. Along with suffering from severe injuries, you may experience confusion after the accident. Contact a lawyer to advocate for your rights while you heal.

Thus, the more details you give your attorney, the easier it is to assess your claim and whether it will be triumphant.

Depending on the crash, your involvement, and the suffering, you may want to sue. What you present to an attorney can help prove to the courts your need for compensation for damages.

Take with you the answers to frequently asked questions (FAQ) about pedestrian accidents. Use them to increase the possibility of your case receiving the court's approval.

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Main Office: 200 E. Robinson St. Suite #250, Orlando, Florida 32801. Attorney Jeffrey Kaufman, Licensed in Florida Disclaimer: the purpose of this site is to provide information about legal options, not to provide legal or professional advice. You should not assume that the information on this site applies to your case without consulting with an attorney first. Requesting an initial consultation does not create an attorney client relationship. The hiring of a lawyer is an important decision that should not be solely based on advertisement.

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