As the roads become even more dangerous due to overcrowding and increasingly reckless drivers, pedestrian accidents have become a common occurrence.
According to the Center for Disease Control and Prevention (CDC), more than 4,700 pedestrians died from car accident injuries in 2013. This means one pedestrian was killed every 2 hours.
The CDC further reports that the number of pedestrians who were injured or treated for non-fatal injuries (in the same year) was above 150,000. Moreover, CDC estimates that the probability of pedestrians getting killed in a car accident 1.5 times higher than any occupants in the car. And as you would expect, most of the reported pedestrian car accidents occur in urban areas, mostly at night.
So, is there any hope?
Legally, people who lose their close family members, or pedestrians who are injured in car accidents are entitled to adequate compensation to all their medical bills, loss of income and the physical and emotional suffering they undergo.
If you or any of your family members are involved in a pedestrian car accident, you are advised to contact a pedestrian car accident lawyer for advice on whether you are entitled to compensation, and how to go about it.
Civil Liability for Pedestrian Car Accidents
Civil courts may award damages to people who lost their relatives in pedestrian car accidents, or injured pedestrians if the charged driver is found to have acted negligently in causing the accident. To prove that the driver was at fault, and did not act in a reasonably prudent way to prevent the accident, the plaintiff must show that:
- The driver had a legal duty of care – in regards to national and local traffic codes – to the pedestrian.
- The driver acted in breach of the said legal duty, which caused, or contributed to the occurrence of the accident.
- The driver was directly, or mostly to blame for the death or injury of the pedestrian.
- The pedestrian suffered loss or damages from the accident.
While the above requirements seem straightforward, most pedestrian accident victims are not fairly compensated, as insurance companies and their attorneys always look for ways to blame the victim. For this reason, you are strongly advised to consult an experienced pedestrian car accident lawyer before filing any suit relating to a pedestrian car accident.
Hire a Pedestrian Car Accident Lawyer
Suits involving pedestrian car accidents are essentially decided based on the party that breached their legal duty (legal largesse for traffic rules) to the other. Basically, both drivers and pedestrians are required to behave responsibly and employ reasonable care when using the roads. For instance, drivers should slow down, or stop when at, or near a pedestrian crossing, while pedestrians are advised to wear bright clothes when going out at night to increase their visibility.
Hiring a good pedestrian car accident lawyer to represent you in court puts you in pole position to have a successful suit, and obtain maximum possible compensation. First, your lawyer will do a case evaluation to determine whether your case is worth pursuing. If it is, you can proceed with the legal process under their guidance.