UPDATE: The alarming rise in pedestrian fatalities continues as new data from the National Center for Health Statistics (NCHS) reveals that a staggering 9,076 pedestrians died in 2023 alone. This shocking statistic underscores the urgent need for awareness and understanding of pedestrian rights after accidents.
In the U.S., road accidents claim over 40,000 lives annually, with pedestrians increasingly bearing the brunt of these tragedies. Survivors of these accidents face not only devastating injuries but also overwhelming medical bills and financial stress. Understanding your legal rights is more crucial than ever in the aftermath of such incidents.
Pedestrians injured in accidents caused by a driver’s negligence may be entitled to file a claim. However, establishing liability is key to a successful claim and the compensation you may receive for both economic and non-economic damages. Authorities confirm that negligence can come from both parties—drivers and pedestrians alike—and recognizing these factors can significantly strengthen your case.
Common causes of pedestrian injuries include distracted driving, which remains a leading threat. Drivers who text, talk on the phone, or fail to pay attention create dangerous conditions for pedestrians. Visibility issues, such as poor street lighting or heavy rain, further exacerbate these risks. Knowing these dangers can potentially save lives.
Legal experts from Gonzales Law Offices emphasize the importance of understanding liability in pedestrian accidents. Factors such as malfunctioning traffic signals, the presence of crosswalks, and driver behavior will all be scrutinized. If a driver is found at fault due to speeding or reckless behavior, victims may secure rightful compensation. Conversely, if the pedestrian is found to be negligent, liability may shift to them.
Insurance plays a critical role in these claims. Typically, the at-fault driver’s insurance will cover medical expenses, lost wages, and other damages. Various types of insurance, including auto liability and underinsured motorist coverage, come into play. Victims should be prepared for potential disputes with insurance adjusters who may attempt to minimize payouts.
WHAT TO DO NEXT: If you are involved in a pedestrian accident, immediate action is vital. First, assess any injuries and call 911 if necessary. Seek medical attention promptly, even if you feel fine. Collect the driver’s information, document the scene with photos, and gather witness statements. These records will be crucial for your claim.
Report the accident to the police and obtain a copy of the report. Maintain thorough records of all medical expenses related to the incident. Consulting with a personal injury attorney will help you navigate your rights and ensure your case is pursued diligently.
As pedestrian accidents continue to rise, understanding your rights and the steps to take in the aftermath is imperative. Share this information to help raise awareness and protect yourself and others on the road.