As a pedestrian, you are vulnerable to injuries caused by motor vehicle accidents. Sadly, many drivers do not pay enough attention to people in crosswalks or on the shoulder of the road. While pedestrians have a responsibility to follow the rules of the road, you usually have the right-of-way. After all, in a battle between you and a vehicle, you will lose.
Drivers strike pedestrians for a number of reasons, many involving distracted driving. You do have legal options if you are struck by a car or truck while:
- or Riding a bicycle
You will likely need help from a pedestrian accident attorney to get the financial compensation that you deserve.
Pedestrian Accident Causes
Each year, approximately 130,000 people are injured in pedestrian accidents. These accidents are occasionally caused by unsafe practices such as jaywalking or crossing against the light. Often, though, the drivers are at fault. Some of the causes include:
Although most states has laws against using a cell phone while driving, people routinely continue to both text and call. This practice causes plenty of vehicle to vehicle accidents, but it is particularly dangerous for pedestrians. A driver has little chance of seeing a pedestrian unless they have their full attention on the road.
Other distractions, such as children in the car, eating and driving and simple daydreaming can lead to these accidents. If your vehicle is hit by another car, you may escape with only a dented fender. If your body is struck by a motor vehicle, even one going quite slowly, you can be seriously injured.
Some crosswalks have nearly constant traffic while others have only occasional crossings. As a result, some motorists become careless and immediately turn left when they are given a green light. In that situation, they are supposed to yield to pedestrians, but many fail to look. This assumption causes a number of accidents each year. As a pedestrian, you have probably found yourself facing a potential auto pedestrian accident while legally crossing the street even if you haven’t actually been struck.
Pedestrian injuries range from bruises and lacerations to bone fractures and internal injuries. If you’ve been injured in one of these accidents, you need to take steps to protect your rights. In these situations, the driver, the city, the state and the pedestrian may all have some liability.
Everyone involved has an obligation to practice “duty of care,” which includes following traffic laws. The entity in charge of the crosswalk or sidewalk has the duty to properly maintain the area and equipment.
Drivers have the duty to avoid distracted driving, to not exceed the speed limit and to yield to pedestrians at crosswalks. They should also take extra precautions when driving near children and the elderly. Failure to take proper precautions or follow traffic laws makes them liable for your injuries.
If you are the victim of a pedestrian accident, you should follow these steps
- Immediately call the police, if you are able
- Do not leave the scene until the authorities arrive
- Get the contact information of as many witnesses as possible.
Remember, you should not volunteer any information until you have representation from a pedestrian accident law firm. Giving information to the driver and/or their insurer may harm your case.
You should engage the services of a skilled personal injury lawyer as soon as possible. No one enjoys taking legal action, but you cannot count on the good will of others in this instance. The driver’s insurance company will always try to limit or avoid a payout, no matter what the circumstance. Their only job is to lessen the financial burden on their company and their client. Often they will try and place the blame on you, even though you are the victim. When you are a pedestrian hit by a car, you should be focused on healing and not fighting for money to pay your doctor bills or lost wages. Your law firm should do the fighting or you. In Ohio, that law firm is Friedman, Domiano & Smith. They have years of experience in personal injury law and are experts in pedestrian-hit-by-car compensation. Simply call -1-800-290-0070 or visit their website for immediate online help. Your initial consultation is free.
Pedestrians are no match for motor vehicles. Anytime you cross the street, you are in danger of being struck by a negligent driver. That’s why you must always be aware of your surroundings and be ready to take evasive action. If you become an accident victim, contact Friedman Domiano & Smith for help.