A pedestrian accident can occur anywhere along the lines of existing roads and highways. Any type of road or highway can become susceptible to pedestrian accidents, but certain environments pose particular risks. Areas that are made for cars and not-so-roads are especially prone to pedestrian accidents.
A pedestrian injury accident occurs every five minutes in Canada. This statistic is disturbing considering that many of these pedestrian accidents take place on busy or sensitive traffic roads. For this reason, drivers need to pay close attention and follow all traffic laws. In addition, pedestrians don’t have all the protections offered to them as provided for on a bicycle or in a car, such as helmets or airbags. Without these protections, any slow-moving accident involving a pedestrian could cause life-or-death serious injuries.
The most common way that a pedestrian is injured in a motor vehicle accident is through blunt force trauma.
This trauma can cause bruises, cuts, or other severe injuries, and depending on the type of injury received, could lead to severe medical bills and a ruined personal life. Because these types of accidents are usually the fault of the other driver, insurance companies and medical providers have a legal responsibility to compensate the victims. If the injured pedestrian does not have medical insurance or other coverage, lawyers can help victims receive the compensation they deserve. Attorneys who specialize in pedestrian injury cases can help victims get compensations that will make their lives better and recover the medical costs that may have been incurred.
Not only is an injury victim’s medical bill affected, but so too is the mental anguish that their injuries have caused. Facing the prospect of another attack by a similar vehicle is enough to keep many people off the road. Even if the pedestrian has no other legal recourse, the thought of how another person might harm them can cause a devastating amount of pain. Personal injury lawyers who specialize in pedestrian injury cases understand all about these injuries, and how they can ruin a person’s life. Many people who have suffered traumatic brain injuries and spinal cord injuries have a difficult time leading normal lives, and having to pay additional medical bills because of their injuries can be emotionally draining.
Most of the time, the person who caused the accident is not held legally responsible, since it is typically a negligence issue.
The driver of the vehicle at the time of the accident was not paying attention, had a faulty vehicle, or was driving under the influence of drugs or alcohol. Some jurisdictions have made it mandatory that all drivers take a drug and alcohol test before getting a driver’s license, but this may not always be the case. In a pedestrian injury accident, if the victim is found to be partially at fault for the accident, the insurance company of the driver at fault can often make a settlement out of court with the victim’s insurance company.
Pedestrian accidents happen every day on the roads of our nation. Studies show that more than nine out of every ten pedestrian accidents are occurring on busy, two-way streets where both directions of traffic are visible and where drivers are passing each other. Many drivers do not see pedestrians as a priority. When crossing intersections or in other situations where vehicles are passing each other, drivers sometimes don’t stop in time to avoid colliding with the pedestrian. This can result in severe injuries, such as a concussion, broken jaw, or even death. A pedestrian has every right to be protected when crossing a street, and many jurisdictions are now passing laws requiring drivers to yield to pedestrians.
Personal Injury Lawsuit
If you have been injured because of a pedestrian injury accident, you may have a case. A personal injury lawsuit is what the injured party may seek if they have suffered medical bills, lost wages, pain and suffering, and other damages. These cases are usually won by the defendant’s insurance company, unless there is negligence on their part or gross negligence on the part of a government entity. In these instances, the plaintiff’s attorney will file a lawsuit against the defendant. If you are seeking damages for your injury or the injury of a loved one, it is important that you consult the best personal injury lawyers pace law firm as soon as possible.
A personal injury lawyer will assess your case, advise you of your rights under the law, and discuss how best to obtain compensation for your injury. The majority of these cases are settled out of court, although occasionally drivers are found to be at fault in small accidents. If you choose to pursue a civil case against a driver, it is important to note that the burden of proof in civil court is different than in criminal court. Drivers are expected to show evidence of their responsibility, not make assumptions or excuses. It is your word against the driver’s word, which will determine the outcome of your case. Your attorney will ensure that the evidence against you is presented in an effective and efficient manner.