Steven A. Bagen | December 31, 2023 | Pedestrian Accidents
Pedestrian accidents, including those on sidewalks and within intersection crosswalks, typically result from driver carelessness and negligence.
When a driver is not watching where they are going and exhibits careless or reckless driving maneuvers, they may inadvertently cause their vehicle to strike a pedestrian, causing the pedestrian to suffer serious injuries.
In most scenarios, the force of a pedestrian collision will cause a pedestrian to fall to the ground and suffer permanent and sometimes deadly injuries.
If you or a person you care about suffered injuries in a pedestrian accident that involved a motor vehicle operator, you are not alone. In addition to seeking the medical treatment you need as quickly as possible, promptly retain a Gainesville pedestrian accident attorney for legal representation in your case.
Your pedestrian accident lawyer can review police reports, video footage, and witness statements – or retain a certified accident reconstructionist – to determine exactly how your accident happened.
Your lawyer may then file a personal injury claim with the responsible driver’s insurance company or litigate your case to a resolution in the court system.
Insurance companies routinely take advantage of unrepresented accident victims. Therefore, you want a knowledgeable pedestrian accident attorney on your side throughout every stage of your case, aggressively advocating for your legal interests.
Your attorney can also guide you in making important decisions throughout your case, answering your questions, and pursuing the maximum monetary compensation available for your accident-related losses.
Where do Local Pedestrian Accidents Frequently Happen?
A pedestrian accident can occur anywhere that motor vehicles are present, but they are more common in some locations than others.
Some of the most common places for local pedestrian accidents include:
- Alleyways
- Trails
- Driveways
- Parking garages
- Parking lots
- Sidewalks
- Traffic intersection crosswalks
If you suffered injuries due to a negligent driver, a pedestrian accident attorney can assist right away.
Your lawyer can handle your legal matters from start to finish, including gathering important documents for your case, filing a claim on your behalf, and aggressively negotiating with insurance company representatives for the settlement compensation and justice you deserve.
Injuries that Pedestrian Accident Victims May Suffer
Unlike drivers and passengers in motor vehicles who have a thick metal shell surrounding them in an accident, a pedestrian is completely unprotected in an accident scenario.
Consequently, a pedestrian has direct exposure to the ground and their surrounding environment. If a motor vehicle driver negligently causes their vehicle to strike a pedestrian, the pedestrian will likely fall to the ground and sustain various injuries.
The specific injuries that a pedestrian suffers in an accident will typically depend upon how they fall on the ground, the amount of force involved, and the surface on which they fall. For example, if a pedestrian falls on concrete or macadam, the chances are good that they will suffer one or more fractures and broken bones. Additionally, if they land on their head, neck, or back, they may suffer a traumatic head and brain injury, spinal cord injury, or paralysis injury.
Other potential injuries that a pedestrian accident victim may suffer if they fall to the ground include:
- Road rash injuries
- Bruises
- Internal bleeding
- Internal organ damage
- Mouth, jaw, or teeth injuries
- Facial contusions
- Permanent scarring
- Permanent cognitive impairments
Following a hospital or urgent care visit, pedestrian accident victims must follow through on all recommended medical treatment. For example, if they suffered a broken bone or other serious injury in their accident, they may need to follow up with an orthopedic doctor.
Similarly, if they suffered a traumatic head or brain injury, such as a concussion, they may need a treat with a neurologist. Additionally, a pedestrian accident victim might undergo an invasive medical procedure and follow up with ongoing physical therapy sessions.
An accident victim may require extensive and painful medical treatment after a collision. Fortunately, an injured accident victim may recover compensation for their medical expenses and other monetary and non-monetary losses.
While you receive treatment for your injuries and focus your attention on getting better, your pedestrian accident lawyer can begin advocating for you. Specifically, they can request medical records, medical bills, police reports, and other documentation necessary to file an insurance claim in your case.
Upon completing your medical treatment, your attorney can start the claims-filing process and begin negotiating for a favorable settlement offer from the insurance company adjuster.
Why do Pedestrian Accidents Occur?
Pedestrian accidents typically happen because of negligent driving. When motorists do not watch their speeds and commit other traffic law violations, such as failing to yield the right-of-way to pedestrians at traffic intersections, a serious collision may occur, knocking the pedestrian to the ground.
In addition to speeding and similar road-rule violations, pedestrian accidents can happen when other drivers exhibit road rage in an area where a pedestrian is present.
For example, a driver may attempt to pass another vehicle near an intersection and cause their vehicle to collide with a pedestrian who is still present at an intersection crosswalk. At other times, a driver may recklessly speed through a parking lot or garage, negligently striking a pedestrian walking to or from their vehicle.
Another common cause of local pedestrian accidents is intoxicated driving, where a driver operates their vehicle while they are under the illegal influence of drugs or alcohol.
Passenger vehicle operators who are 21 years of age and older are usually intoxicated if they have a blood alcohol concentration of at least 0.08 percent, as measured by a well-calibrated breathalyzer device.
When a driver operates their vehicle while intoxicated, they are subject to arrest for DUI, along with other potential drunk driving offenses. They may be subject to additional penalties if they cause a pedestrian accident that leaves another person injured or dead.
In some cases, an intoxicated driver may lose sight of a pedestrian or fail to notice them in the first place. Additionally, an intoxicated driver may experience poor muscular coordination, impaired judgment, and delayed reflexes.
Therefore, even if the driver notices a pedestrian at an intersection crosswalk or on the sidewalk, they cannot control their vehicle, causing a serious accident. Alternatively, the driver may not stop in time to avoid striking the pedestrian with significant force.
Finally, some pedestrian accidents result from distracted driving maneuvers. When a driver turns their head away from the road or fails to watch the road attentively, they may not see a pedestrian walking or standing nearby, bringing about a collision.
Electronic distractions drivers experience involve cell phones, smartwatches, and GPS navigation systems. A driver may also become distracted if they play loud music, apply make-up, eat and drink, or comb their hair while driving. Even daydreaming and talking to passengers can be enough to distract a driver so they miss a pedestrian.
If you suffered injuries in a pedestrian accident that directly resulted from negligent or inattentive driving, consult a local pedestrian accident attorney right away about your potential legal options. Your lawyer can discuss the options available to you in your case and execute the appropriate option on your behalf in pursuit of favorable monetary compensation.
How to File a Pedestrian Accident Claim
After suffering injuries in a local pedestrian accident, your attorney can file a claim with the appropriate insurance company. If your pedestrian accident occurred in a no-fault jurisdiction like Florida, you can file a claim under your own Personal Injury Protection (PIP) policy.
As part of a PIP claim, you may be eligible for various types of monetary recovery to compensate you for your out-of-pocket expenses, including lost earnings and medical costs.
However, if you suffered a permanent or disabling injury in your accident, you may be in a position to involve the at-fault driver’s insurance company. These types of claims are called third-party claims or personal injury claims.
To prevail in a third-party claim, your case must satisfy a legal burden of proof. Specifically, your lawyer must show that the driver owed you a duty of reasonable care, which they subsequently violated by operating their vehicle unreasonably and carelessly under the circumstances.
Additionally, you must demonstrate that as a direct and foreseeable result of the driver’s negligence, the pedestrian accident occurred, and you suffered injuries.
When filing an insurance claim, your attorney can submit various supporting documents. Those documents may include property damage photographs, photographs of your injuries, medical treatment records, medical bills, police reports, expert witness reports, and lost income documentation, which shows the earnings you lost and the number of days you missed from work.
The insurance company adjuster handling your case will then review these documents, after which they may make an offer to resolve your case through settlement.
During settlement negotiations, your pedestrian accident attorney can act on your behalf by highlighting the strengths of your case, downplaying any weaknesses, and pursuing the maximum amount of compensation available to you for your injuries.
In a third-party case, if the insurance company adjuster refuses to make you a fair settlement offer that truly compensates you for your injuries, your lawyer may file a lawsuit in the court system seeking a more favorable outcome.
Even after your case is in litigation, it may still settle at some point along the way. However, if it does not, your case will likely proceed to a civil jury trial, at which time a jury will decide on the amount of compensation to award you for your injuries.
Instead of taking your case to trial, your lawyer may pursue some type of alternative dispute resolution (ADR) mechanism, such as mediation or binding arbitration, as a favorable means of resolving your pedestrian accident case.
Recovering Favorable Monetary Damages Following a Pedestrian Accident
If you sustained injuries in a pedestrian accident that a negligent driver caused, and you are eligible to file a third-party personal injury claim, you may recover various types of monetary recovery through settlement or litigation.
The compensation that you receive in your claim or lawsuit will likely depend upon the seriousness of your injuries, the seriousness of your accident, and the total cost of your medical care resulting from the accident.
Common monetary damages that pedestrian accident victims may recover in a third-party claim or lawsuit include compensation for:
- Medical treatment bills, both past and anticipated
- Lost earnings
- Loss of earning capacity
- Permanent disability or disfigurement
- Long-term or lifetime care costs
- Permanent scarring
- Loss of the ability to use a body part
- Lost quality of life
- Past and future pain and suffering
- Mental distress
- Inconvenience
Your attorney can determine the value of your case and counsel you on the types and amounts of monetary damages you can recover.
Talk With an Experienced Pedestrian Accident Lawyer about Your Case Today
If you sustained injuries in a pedestrian accident that a negligent driver brought about, time is of the essence.
According to the state statute of limitations, accident victims must file a pedestrian accident claim within two years of their accident date. Therefore, act quickly by retaining experienced legal counsel to represent your interests.
The last thing you want after suffering an injury that wasn’t your fault is to spend hours on the phone with a pushy insurance adjuster.
A knowledgeable pedestrian accident lawyer can handle your case from beginning to end, file the appropriate insurance claim on your behalf, and negotiate with insurance company representatives.
If you file a personal injury claim or lawsuit, your lawyer can litigate your case in the state court system and bring it to an efficient and favorable resolution that makes you whole again.
Reputable personal injury lawyers in Gainesville offer free case evaluations to assess the details of your case, providing valuable insights into your legal options.
A consultation helps you understand the merits of your claim, potential compensation, and the legal process ahead. It’s a risk-free opportunity to make informed decisions about pursuing a legal course of action for your injuries and losses.
Begin protecting your rights and future today by scheduling your free consultation.