Midblock Mailbox or Other – individual is struck getting in or out of the vehicle

Midblock Mailbox or Other – individual is struck getting in or out of the vehicle

Car accidents involving pedestrians can happen almost anywhere, and these accidents can have devastating consequences.  These kinds collisions can occur when a pedestrian is simply crossing the street to retrieve their mail, to approach an ice cream truck, or even just when getting in or out of a vehicle.  Pedestrians need to take the proper precautions to be aware of their surroundings when doing these types of tasks because while your mind is preoccupied and you’re distracted, you can put yourself in harm's way.

If you have been involved in a car accident as a pedestrian while completing everyday tasks such as retrieving your mail, approaching a newsstand, walking up to an ice cream truck, or getting in or out of your car, our lawyers can help.  

Compensation For Your Injuries

As an injured pedestrian, you may be able to get compensation to pay your medical bills related to the collision, to pay you for the time you missed from work while recovering from the accident, and also some money towards the pain and suffering you experienced.  Typically, the sum of money you can expect as a settlement varies and depends on the seriousness of your injuries.  In some cases, you may be able to get compensation for future medical bills related to your injuries.

Proving the Driver Was Responsible for the Collision

In order to be successful in bringing a personal injury claim as a pedestrian in these types of accidents, you’ll have to prove that the driver was liable for the accident.  Proving the driver was liable means establishing that the driver’s actions or omissions were negligent.  The term negligence means the failure to use reasonable care, resulting in damage or injury to another person.  Negligence is demonstrated by proving the following four things:

  • The driver owed a duty of care to you, the pedestrian
  • The duty was breached by the driver through acting or failing to act in accordance with that duty
  • The driver’s action or omission specifically caused your injury
  • You were harmed as a direct result of the driver’s actions or omissions

Avoiding Accidents as a Pedestrian Performing Everyday Tasks

Since it can be easy to get distracted while performing a simple task such as checking your mailbox or getting into your car, it is important to keep in mind basic safety tips.  Some basic safety measures for pedestrians to follow include looking both ways before crossing the street, wearing bright clothing if you are walking outside at night, and crossing the street in crosswalks when they are available.  Another important safety consideration is to be cautious about walking into or around the street while wearing headphones or texting or talking on your phone.  While drivers have a duty of reasonable care while operating their vehicles, pedestrians also have a duty to take reasonable safety precautions. While every case has a unique set of facts, our experienced attorneys can evaluate your case and fight for your rights.

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