Pedestrian Accidents – What to Know About Your Legal Rights
If you have recently been injured in a car collision as a pedestrian, it is important to know about your legal rights. You might be able to sue the driver of the vehicle that hit you for damages resulting from the accident. Damages can include anything from medical bills to lost time at work. A settlement or award will also typically include money for pain and suffering endured due to the accident. A settlement is designed to make you whole again, meaning to bring you back to where you were before the accident occurred.
Our law firm has offices all over the country, so we are equipped to handle your pedestrian accident case in every state. Each state has different laws and procedures. The attorneys in our firm have vast experience and can aggressively pursue your case no matter where you live.
When you meet with one of our attorneys, it is important to bring in any evidence you have that may prove the driver of the vehicle is liable. It is a common misconception that the pedestrian always has the right-of-way. To be successful with your personal injury case, you will need to demonstrate that the driver of the vehicle is the at-fault party and that their negligence resulted in the accident.
For you to prove the driver of the vehicle was negligent, you’ll need to establish the following:
- That the driver owed a duty to you at the time of the accident
- The driver breached that duty by either an action or an omission
- That action or omission caused the collision
- You suffered injuries as a result
If you are able to show the above facts, then you may be able to prove the driver was negligent and gain compensation for your injuries.
What is Negligence?
There are many acts or omissions a driver can perform that rise to the level of negligence. Some of the most common reasons a driver is found negligent in car accidents with pedestrians are:
- Texting and driving
- Distracted driving in any form
- Failure to follow traffic signals
- Failure to yield when a pedestrian has the right-of-way
- Driving too fast for conditions (including weather or traffic conditions)
- Driving after consuming alcohol or drugs
If you can prove that the driver of the vehicle that hit you was doing any of the above things, it will strengthen your case for negligence against the driver and increase your chances of obtaining a successful settlement.
Of course, there are situations n which the pedestrian is actually the one liable for the collision. The pedestrian can potentially be found liable for the accident if they disobeyed a traffic control signal or darted out into the road, giving the driver no reasonable opportunity to stop in time to avoid the accident. A pedestrian has a legal duty to themselves to avoid unsafe actions.
If you were injured after a collision with a motor vehicle and you believe the driver may have been at fault, contact our attorneys today. You have the legal right to bring a case against the driver and get compensated for your injuries.