Pedestrian accidents involving vehicles can lead to serious, and sometimes fatal, consequences for both individuals involved. In fact, according to a 2023 WHO report, approximately 1.9 million people die every year due to road traffic crashes. Just like any other personal injury case, claims related to pedestrian accidents require a thorough understanding of liability, which varies depending on the specifics of each incident. Several elements influence liability and settlement amounts in these cases.
This article will explore the key factors affecting pedestrian accident claims and why securing legal representation is crucial.
Responsibility in Pedestrian Accidents
When a pedestrian is struck by a vehicle, the driver is often presumed to be at fault. However, liability is not always straightforward, and determining fault can be complex. A legal expert can help clarify how to proceed with such cases. Below are essential aspects of proving liability in pedestrian accidents:
Both drivers and pedestrians have a duty to exercise reasonable caution. Either party may act negligently, leading to an accident.
Pedestrians and motorists must be mindful of legal crosswalks. If a pedestrian crosses outside a designated area, they may share some responsibility for the incident. Shared fault can impact the amount of compensation either party may receive for their injuries.
For those navigating the complexities of such claims in Kansas, seeking guidance from a personal injury lawyer serving Topeka or neighboring cities can help ensure that all legal aspects are properly addressed.
The Cause of the Accident
Establishing the cause of a pedestrian accident is a fundamental step in determining liability. Without clear evidence of how the crash occurred, assigning fault can be challenging. Both motorists and pedestrians may contribute to accidents in varying degrees.
Many pedestrian accidents occur in areas with poor visibility or malfunctioning traffic signals. For instance, if a streetlight is out, a driver’s ability to see pedestrians may be compromised, increasing the risk of an accident.
Research suggests that both drivers and pedestrians tend to focus straight ahead rather than scanning their surroundings. This behavior can lead to accidents, especially in conditions where visibility is already limited.
While weather and road conditions can impact visibility, vehicle maintenance also plays a role. A driver who neglects essential repairs, such as fixing broken headlights or taillights, may have reduced visibility at night, contributing to an accident.
Speeding and distracted driving are other common causes of pedestrian accidents. When drivers fail to adhere to traffic laws, the likelihood of collisions increases significantly.
On the other hand, pedestrians can also be responsible for accidents, particularly if they are intoxicated, unaware of traffic rules, or disregarding signals. A pedestrian who jaywalks or ignores traffic signals may be held liable for causing an accident.
The Severity of Injuries in Pedestrian Accidents
Pedestrians lack the protection that vehicles provide, making them more vulnerable to serious injuries when struck. The severity of injuries directly affects the potential compensation a victim may receive.
Several factors, including vehicle speed, size, and the pedestrian’s age and health, influence injury severity.
Head, spine, abdomen, and pelvis injuries are among the most common in pedestrian accidents. Secondary complications can result in prolonged pain and suffering.
For example, head trauma may cause brain swelling, impacting cognitive functions such as memory, speech, and coordination. Similarly, pelvic and abdominal injuries can lead to fractures and internal damage. In severe cases, fractured ribs may puncture organs, potentially causing fatal complications. Spinal injuries may even result in paralysis.
Steps Taken After a Pedestrian Accident
Being involved in a pedestrian accident can be overwhelming. In the immediate aftermath, most people struggle to focus on collecting crucial details. However, taking the right steps can make a significant difference in the outcome of a claim.
The first priority is to call emergency services and seek medical attention, even if injuries seem minor. High adrenaline levels can mask symptoms, and untreated injuries may worsen over time. Medical treatment also provides official documentation, which is valuable for insurance claims and legal proceedings. If the accident resulted in surgery, extensive rehabilitation, or specialist consultations, compensation claims may be higher.
Gathering evidence is another critical step. If possible, the victim or a bystander should take photos of the accident scene, including the vehicles involved.
Obtaining the driver’s information is essential. This includes their name, contact details, insurance provider, and employer if they were driving for work. Additionally, documenting vehicle details such as license plate number, vehicle identification number (VIN), make, model, and ownership details is crucial.
Long-Term Consequences of Pedestrian Accidents
Some pedestrian accident victims suffer permanent injuries that drastically alter their quality of life. Conditions such as paralysis, disfigurement, chronic disability, or the inability to resume work and daily activities can lead to significant compensation for pain and suffering.
Legal Rights After a Fatal Pedestrian Accident
If a pedestrian accident results in death, the victim’s family may pursue a wrongful death claim. In such cases, compensation can cover lost future income, medical expenses incurred before death, funeral and burial costs, and other related financial losses.
Why Legal Representation is Essential for Pedestrians
Following a pedestrian accident, the first step for many victims is filing a claim with the driver’s insurance company. However, insurance adjusters often aim to minimize payouts. They employ various tactics to reduce compensation, such as requesting recorded statements before the victim has fully recovered or scrutinizing social media posts for evidence that undermines the claim.
Additionally, insurers may offer a low settlement in hopes that an injured victim will accept quick payment rather than pursue fair compensation.
Hiring a skilled personal injury attorney can help victims secure the full compensation they deserve for medical expenses, lost wages, and pain and suffering.
