By Jason Cummings 
Pedestrian Accident Lawyers Hit And Run Victims
Walking in the United States can be perilous. The National Highway Traffic Association reports that a pedestrian is injured in an accident every 8 minutes. These injuries are often severe, resulting in vulnerable individuals and complex legal disputes.
If you’ve experienced a pedestrian accident, contacting a skilled pedestrian accident attorney is crucial. At 1-800-THE-LAW2, we have a network of seasoned lawyers ready to offer a complimentary consultation on your case. Reach out to us at any time for assistance.
Our services are provided with no upfront fees; you only pay if and when your attorney successfully obtains a settlement on your behalf.
Typical Factors Leading to Pedestrian Accidents
Pedestrian accidents can occur due to various factors, such as when the defendant-driver:
- Speeds or drives recklessly
- Fails to stop at a traffic signal
- Ignores environmental conditions (like the presence of schoolchildren or elderly individuals)
- Doesn’t yield the right of way to a pedestrian
- Fails to check for pedestrians before turning into a crosswalk
- Operates their vehicle under the influence of drugs or alcohol
- And more
It’s important to note that these are not the only causes. If the defendant’s actions led to your injuries, you may have a legal basis for seeking compensation.
Seeking Compensation for Severe Injuries
If you’ve been injured as a pedestrian, you may have the right to seek compensation for damages caused by the defendant’s negligence or misconduct. These damages may include:
- Loss of wages
- Decreased earning capacity
- Medical bills
- Pain and suffering
- Property damage
- And more
In extreme cases involving intentional or reckless behaviour by the defendant, you might be eligible to pursue punitive damages. This could significantly increase your total compensation, reaching hundreds or even millions.
How do punitive damages work?
Punitive damages penalize the defendant for their actions and deter others from engaging in similar behaviour.
For instance, if a drunk driver hits a pedestrian, the defendant may be sued for punitive damages to increase their financial liability and discourage others from driving under the influence.
Punitive damages are calculated as a multiplier of the base damages, potentially reaching up to seven times the total. For example, if you’re seeking $100,000 in compensation for a pedestrian accident, punitive damages could amount to $700,000, resulting in a total recovery of $800,000.
Therefore, you and your attorney must pursue punitive damages if they apply to your case.
Understanding Pedestrian Right of Way
Pedestrian right-of-way regulations may differ slightly across states, but the core principles are generally consistent. In essence, pedestrians typically have the right of way when crossing the street at a crosswalk or traffic signal, even if it’s not at an intersection.
What does this imply?
If you’re a pedestrian who had the right of way when a driver hit you, it’s much easier to demonstrate that the driver was negligent and is thus liable for your injuries.
It‘s important to recognize that there are situations where you, as a pedestrian, may not have the right of way, and this can impact your ability to pursue a legal case and receive compensation. If you cross the street when you don’t have the right of way, the court might consider you partially responsible for your injuries.
In some states, this could prevent you from recovering any damages. However, in most states, you can still seek damages, but they may be reduced to account for your share of fault.
You can challenge this by arguing that even if you didn’t have the right of way, the driver should have seen you and taken reasonable steps to avoid hitting you. If they fail to do so, you may still have a strong case for damages.
The Importance of Early Legal Representation
Many victims wait too long before consulting a personal injury attorney, only to discover they’ve missed the deadline to file a claim. Every state has its own “statute of limitations,” which establishes a deadline for initiating a lawsuit If you miss this deadline, you may lose your right to sue and recover damages.
Avoid this costly mistake!
Act promptly to pursue legal action for your pedestrian accident. The sooner you seek assistance, the better your chances of securing full compensation. At 1-800-THE-LAW2, we have a network of experienced personal injury attorneys ready to help.
FAQs
Q: Can I still sue the driver if I was illegally crossing the street?
Yes, you can still pursue a claim for being hit by a car as a pedestrian, even if you were illegally crossing the street. However, the extent of your fault in the accident will be considered.
If you were crossing the street illegally (such as jaywalking or crossing mid-block without a crosswalk), you would likely be found partially at fault for your injuries. However, the driver can still be held liable if they were aware of your presence and could have taken actions to avoid hitting you.
For example, if you were illegally crossing the street and a car hit you suddenly without having time to see and avoid you, you could still potentially have a claim against the driver. The key factor is whether the driver could have reasonably avoided the accident despite your illegal crossing.
Q: What occurs if the driver lacks insurance coverage or has minimal coverage?
If the driver responsible for your injuries lacks insurance or has limited coverage, you can still pursue significant damages, but your approach may need to be adjusted.
Firstly, check if you have substantial uninsured motorist coverage in your insurance policy. If you do, this can be a valuable resource for obtaining compensation.
Alternatively, you can explore legal avenues against other potentially liable parties, not just the driver. For instance, if the accident occurred due to a defect in the vehicle’s brakes, you could sue and recover from the car manufacturer.
Q: Am I required to pay my pedestrian accident attorney upfront?
A: You do not have to pay your pedestrian accident attorney upfront.
Most pedestrian accident attorneys operate on a contingency fee basis. This arrangement benefits both the plaintiff and the attorney. The attorney covers all upfront expenses for the plaintiff, such as medical expenses, investigator fees, expert fees, and litigation costs. In return, the attorney receives a percentage of the compensation awarded at the end of the case.
Contingency fees are only paid if the attorney successfully recovers compensation on your behalf. In other words, you only pay if you win the case. This arrangement motivates the attorney to advocate for you diligently and effectively.