pedestrian accidents faqs

What are some of the causes of pedestrian accidents in the US?
Where do pedestrian accidents most often occur?
What if I was partially at fault for my pedestrian accident?
What issues will I face in making a claim for my injuries sustained in a pedestrian accident?
The insurance company is offering me a nice settlement. Should I take it?
If I was injured in a pedestrian accident do I need to hire a lawyer or can I handle the claim myself?
What kind of a lawyer should I hire?


 

What are some of the causes of pedestrian accidents in the US?

One of the most common causes of a pedestrian accident is a motorist who is driving at an excessive speed. At these higher speeds, the driver of a motor vehicle is much less likely to see a pedestrian in the roadway. It is even less likely that they will be able to avoid hitting that pedestrian once they do see one. According to the U.K. Department of Transportation, a pedestrian hit at 40 miles/hour has an 85 percent chance of being killed! When a pedestrian is hit at 30 miles/hour, the likelihood goes down to 45 percent, while at 20 miles/hour, the fatality rate is only 5 percent.

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Where do pedestrian accidents most often occur?

Most crashes occur at non-intersections, in the evening and at night.

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What if I was partially at fault for my pedestrian accident?

A person can still sue, even if partially at fault, in a pedestrian collision, as long as they can prove that the motor vehicle driver contributed to the accident. However, your recovery may be reduced if you are partially at fault.

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What issues will I face in making a claim for my injuries sustained in a pedestrian accident?

The three categories of issues that typically arise in a tort claim after a traffic crash are:

  • Liability – who is at fault and to what degree.
  • Damages – injuries or losses that were caused by the pedestrian accident.
  • Insurance Coverage – what the insurance company will pay for after a pedestrian accident.
  • A claim for injuries usually is based upon carelessness or negligence. In worst case scenarios, it involves an intentional or reckless act.

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The insurance company is offering me a nice settlement. Should I take it?

You should not take any settlements offered by an insurance company without first speaking with an experienced pedestrian collision lawyer.

The other driver’s employer or insurance company will typically offer minimal amounts of money in return for your signature stating that you will not sue. This usually happens rather quickly after the accident takes place. Insurance companies will often discourage you from obtaining a pedestrian accident attorney so they can pay less to resolve your claim.

You should never take an insurance check or sign anything without first consulting a pedestrian accident lawyer. You can jeopardize potential compensation and waive important rights that help to protect your interests.

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If I was injured in a pedestrian accident do I need to hire a lawyer or can I handle the claim myself?

The law does not restrict you from handling your own claims. However, you should keep in mind that the insurance companies and the insurance companies’ attorneys are trained professionals. It is their job is to resolve their potential "liability" by paying as little as possible to you. Insurance companies are just that - companies. They, like most businesses, are in this business to make a profit for their owners and shareholders.

Photographs and statements will be taken as soon after the accident as possible. You need an experienced pedestrian accident attorney on your side to protect your interests and to gather the important pieces of evidence helpful to you. Otherwise, this evidence can be lost, misplaced or be purposely destroyed if it is not collected on your behalf immediately.

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What kind of a lawyer should I hire?

You should choose a law firm that has handled many pedestrian accident and injury cases.

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