Most of us enjoy walking for its health, environmental, and economic benefits. But while walking, you may also face a serious risk: getting hit by a car. Pedestrian accidents are not rare, and they can cause severe and lasting injuries.
According to the NHTSA, 7,388 pedestrians were killed in crashes involving motor vehicles in 2021. That’s a 13% increase from 2020 and the highest number since 1988. More than half of these deaths occurred on urban roads, where pedestrians are often ignored or overlooked by drivers.
If a pedestrian has been injured in an accident, they may be facing a lot of challenges, like paying the medical bills, accounting for lost wages, and dealing with pain and suffering. Who is responsible for the accident, and how do I prove it? Also, how do I get the compensation I deserve? These are some of the questions that may arise after a pedestrian accident, and they are not easy to answer, which brings us to why it’s important to consult a pedestrian accident lawyer after an accident.
An experienced pedestrian accident lawyer is a legal expert who specializes in representing their clients in court. They have the skills and knowledge necessary to handle the complex legal and insurance issues that may arise in your case. They can help you with the following:
● Investigating the accident and determining the cause and fault
● Collection and preservation of evidence to support your claim
● Negotiating with the insurance company on your behalf
● Calculation and recovery of the full amount of damages you are entitled to
● Filing a lawsuit if necessary and representing you in court
Let’s discuss some of the benefits of having an experienced lawyer help your pedestrian accident case.
Determining Fault And Proving Liability
One of the most important aspects of a pedestrian accident case is determining who was at fault for the accident. This can be challenging, as both the driver and the pedestrian may have contributed to the crash.
For example, the driver may have been speeding, distracted, or intoxicated, while the pedestrian may have been jaywalking or crossing against the light.
An experienced lawyer can investigate the accident, collect evidence, and interview witnesses to establish the cause and fault of the crash. Using expert testimony, such as accident reconstruction and engineering, to support your claim, they try to prove that the driver was negligent and that their negligence caused your injuries.
Dealing With The Insurance Company
After a pedestrian accident, you may have to deal with problematic insurance companies, such as the driver’s, your own, and Uber’s (if the driver was working for a rideshare company). These insurance companies may try to deny or reduce your claim or pressure you to accept a lowball offer. They may also try to blame you for the accident or use your statements against you.
Your lawyer is adept at handling all the communication with the insurance companies on your behalf. The lawyer can protect you from their tactics, and they can ensure that your rights are respected. The lawyer can also help you understand the types of insurance coverage that are applicable to your case, such as personal injury protection (PIP), bodily injury liability (BIL), uninsured/underinsured motorist (UM/UIM), and contingent liability.
They Can Help You File A Lawsuit If Necessary
Sometimes, the insurance companies may not offer you a fair settlement or may deny your claim altogether. In such cases, you may need to file a lawsuit to pursue your compensation. However, filing a lawsuit is not a simple process. It involves many rules, procedures, and deadlines that you need to follow. It also requires a lot of preparation, evidence, and arguments to present your case in court. And that’s where your lawyer comes in.
They can help you file a lawsuit if necessary and represent you in court. They can prepare all the necessary documents, such as the complaint, the summons, and the discovery requests.
Recovering The Full Amount Of Damages You Deserve
One of the main goals of a pedestrian accident case is to recover the full amount of damages you deserve for your injuries and losses. However, it can be complicated, as there are many factors to consider.
For example, you may have current and future medical expenses, lost wages and earning capacity, physical and mental pain and suffering, and a reduced quality of life.
An experienced pedestrian accident lawyer will assist you with this. They can use various methods, such as the multiplier method and the per diem method, to estimate your damages. They can use expert testimony to support your claim and help you recover both economic and non-economic damages, as well as punitive damages if the driver’s conduct was especially reckless or malicious.
Your safety is paramount after a pedestrian accident, but having an experienced attorney in a pedestrian accident case will make all the difference in securing compensation for your accident claim.