When Does a Pedestrian Accident Lawsuit Make Sense?
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Being hit by a car or truck while walking can dramatically alter your life in seconds. If you’re considering a pedestrian accident lawsuit, don’t wait getting a free case review from experienced legal professionals can be your first step toward securing the compensation you deserve. At Legal Claim Assistant, we understand how overwhelming a serious pedestrian crash can be, and we’re here to guide you through every step of the process. Click the button below now to get your free case review and start protecting your legal rights today.
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Table of Contents:
What is a pedestrian accident lawsuit?
A pedestrian accident lawsuit is a legal action filed by an injured party who was struck by a motor vehicle and suffered damages as a result. If you have been a pedestrian hit by car, you may have grounds to hold the at-fault party accountable for medical expenses, lost wages, future medical bills, and other losses. The lawsuit aims to compensate you for these damages and promote safer driving practices.
Unlike basic insurance claims, a lawsuit often involves gathering extensive evidence, including crash reports and witness statements, and preparing a case that clearly demonstrates the responsible party’s fault. We work with accident reconstruction specialists and medical professionals to gather evidence that supports your claim. We use these legal tools to negotiate fair settlements or proceed to trial if necessary. By doing so, we help ensure that pedestrians are not left bearing the financial strain alone.
If you are a pedestrian hit by an uninsured driver, you may only be able to rely on your own uninsured motorist coverage if you have auto coverage. This highlights the importance of understanding all available insurance options and legal avenues to pursue compensation.
The policy limits of the at-fault driver’s insurance often dictate the maximum available compensation in a pedestrian accident lawsuit. Therefore, knowing the insurance coverage involved is critical when evaluating your case’s potential value.
When filing a pedestrian accident lawsuit makes sense
Filing a pedestrian accident lawsuit makes sense in situations where the injuries sustained are significant and the insurance settlement offer is inadequate. When we see extensive hospital bills, extended medical treatment, or permanent disabilities such as spinal cord damage, a civil suit might be the only way to secure maximum compensation. Often, insurance companies will initially offer low settlements hoping victims will accept quickly. When the insurance company refuses to offer a fair settlement, a lawsuit can push them to negotiate more seriously.
The average payout for a pedestrian hit by a car is approximately $67,511.90, while the median settlement is $30,000. Settlement amounts for pedestrian accidents can range from $10,000 to $500,000, depending on various factors. Settlements can exceed $100,000 or even reach upwards of $1 million for serious injuries such as spinal cord or traumatic brain injuries. More serious injuries typically result in greater settlement amounts due to the need for extensive medical treatment and compensation for pain and suffering.
Insurance adjusters often try to minimize payouts, so it is advised to avoid giving recorded statements without an attorney present. Signing a Settlement Release means that once a settlement is reached, no further claims for additional funds can be made. Most pedestrian accident attorneys work on a contingency basis, meaning they only get paid if they win the case.
Economic damages in pedestrian accident lawsuits cover measurable financial costs while non-economic damages address intangible impacts, like pain and suffering. Catastrophic injuries such as spinal cord or traumatic brain injuries typically yield higher compensation than minor injuries due to higher medical costs and long-term care needs.
There is a strictly enforced statute of limitations, often 2-3 years, for filing a pedestrian accident lawsuit depending on the state. If negotiations with an insurance company fail, the process of filing a lawsuit for a pedestrian accident can take six months to over two years depending on the case complexity. Complex cases involving severe injuries, disputed liability, or uncooperative insurance companies can take a year or more to settle.
Reaching maximum medical improvement (MMI) is advisable before settling a claim to ensure all future medical needs are considered. The pedestrian accident claims process typically takes several months to two years or more. Each state has a statute of limitations that places a strict deadline on the right to file a pedestrian accident lawsuit.
Common types of pedestrian accidents that lead to lawsuits
Pedestrian accidents can happen anytime a driver fails to exercise caution around those on foot. One common scenario is a pedestrian accident at intersection, where turning vehicles do not yield to people lawfully crossing the street. These collisions often result in serious trauma because pedestrians have little protection.
Another frequent cause involves distracted driving, where drivers texting, talking on the phone, or interacting with in-car systems instead of focusing on the road cause harm. Even a brief lapse in attention can have devastating consequences when a pedestrian is involved. Speeding and aggressive driving further increase the risk, reducing reaction times and making it harder to stop in time.
Finally, inadequate visibility can lead to accidents at dawn, dusk, or nighttime, especially in poorly lit areas. We have also seen incidents where drivers fail to yield in crosswalks or ignore traffic signals. In all these scenarios, a lawsuit may become an option if you face considerable losses.
Typical injuries in pedestrian accident cases
Pedestrians can suffer life-changing harm because they lack the protective barrier vehicles provide. Common injuries include minor injuries like bruises and broken bones, traumatic brain injuries, or severe lacerations. In more serious instances, people may sustain spinal cord injuries, which can lead to paralysis or other long-term complications. Common injuries sustained in pedestrian accidents include traumatic brain injuries, spinal cord injuries, broken bones, and amputations.
Recovery often involves multiple surgeries, physical therapy, and long periods off work resulting in lost income. Conditions such as serious back or neck trauma typically require significant medical intervention, and the bills can mount quickly. Pedestrians may suffer emotional trauma and a reduced quality of life following an accident, in addition to physical injuries. By filing a pedestrian accident lawsuit or pursuing a personal injury claim, we strive to recover compensation that covers medical care, economic damages, and non-economic damages such as emotional trauma.
Factors that affect pedestrian accident lawsuit outcomes
Every case is unique, but certain key factors consistently influence the outcome of pedestrian accident lawsuits. The severity of injuries is important, as more extensive medical costs generally lead to higher settlement amounts. Evidence of the driver’s negligence, such as speeding, distracted driving, or running a red light, can also strengthen your case substantially. Finally, the presence of clear documentation, from medical records to witness statements and a crash report, often affects how quickly a case resolves.
Location matters too. Different states have different laws, which can restrict the window for filing legal actions or place limits on the compensation you can recover. Additionally, if your accident involved an uninsured or underinsured driver, securing full compensation may be more complicated, but it is still possible when we pursue alternative avenues, such as your own uninsured motorist coverage or the driver’s insurance policy.
No Win, No Fee. Let the Best Motor Vehicle Accident Attorneys Fight for your Compensation!
Steps to take after a pedestrian accident
Knowing how to act immediately after an accident scene can protect both your health and your legal interests. Too often, overlooked details at the scene can weaken the case later. Here are a few crucial steps to keep in mind if you’ve been injured:
- Seek medical attention: Even if injuries seem minor, get checked by medical professionals to document potential injuries. Gaps in medical treatment can be used by insurance companies to argue that injuries are less severe, making consistent medical documentation essential.
- Notify authorities: Filing a police accident report is an essential step after a pedestrian accident, as it documents the crash and can support a legal case. Contact the police so an official crash report is filed. It can serve as key evidence later.
- Collect evidence: If able, gather names and contact information of witnesses, take photos or notes of the crash site, and preserve all medical records.
- Stay organized: Keep a file of all related documents, including insurance correspondence and medical bills, so we can provide a complete picture of your damages.
By following these steps, you create a strong foundation for your pedestrian accident claim. We then work with you to refine those details and investigate any additional evidence that supports your case. Prompt action often leads to just outcomes, as recollections are fresher and critical paperwork is gathered sooner.
How liability is determined in pedestrian accident lawsuits
In a pedestrian accident case, liability focuses on whether the driver or pedestrian acted negligently. Our legal system typically requires showing that the driver breached a duty of care by doing something reckless, such as distracted driving or failing to yield. If this breach caused your injuries, the driver or their insurance company could be responsible for your damages.
We also examine whether you had any role in the accident. Some states follow comparative negligence rules, which reduce your compensation by the percentage of fault assigned to you. Understanding these nuances is crucial for building a strong case and negotiating effectively with insurers or opposing counsel during settlement negotiations.
Evidence needed to support your pedestrian accident lawsuit
Evidence is central to any successful personal injury claim. We typically start with medical records that document the nature and extent of your injuries, from initial emergency care to ongoing treatments. This allows us to correlate the severity of harm with the circumstances of the accident and any evidence of the driver’s negligence.
Witness statements can strengthen your position by corroborating your account of events. Photographs or video footage from dashcams, traffic cameras, or nearby businesses can also reveal important details about how and why the incident occurred. Police reports provide an objective third-party account, often reflecting the officer’s observations at the accident scene. In pedestrian accident lawsuits, substantial documentation such as police reports, witness statements, and medical records is critical for building a strong case. By piecing all this material together, we present a compelling case for fair compensation.
Case studies: Successful pedestrian accident lawsuits
In one case we handled, a pedestrian was struck at a crosswalk in a residential area. The driver admitted to distracted driving at the time of the collision. By gathering cellphone records and eyewitness accounts, we established negligence, resulting in a substantial settlement that covered medical bills, lost income, and rehabilitation costs.
In another matter, our client experienced life-altering injuries after being hit in a retail parking lot. The driver argued that visibility was limited, but video footage clearly showed they failed to slow down. Presentation of this footage, combined with expert medical testimony and accident reconstruction specialists’ analysis, led to a favorable outcome and financial relief for our client.
How Legal Claim Assistant can help you with your pedestrian accident lawsuit
At Legal Claim Assistant, we focus on connecting pedestrian accident victims with the right resources and legal expertise. We understand that navigating the legal system while recovering from serious injuries can be intensely stressful. Our experienced team at the law firm level provides legal guidance and legal representation, ensuring your rights are protected while you focus on getting better.
From the moment we evaluate your case, we work to streamline the process and maximize your legal options. Whether your accident involved a distracted driver, an uninsured or underinsured driver, or a complex intersection scenario, we have a dedicated network of attorneys who specialize in these matters. Reach out to us for a free consultation and comprehensive case review, and let us help you pursue the compensation you deserve, including economic damages, non-economic damages, and if applicable, punitive damages.
The timeline for settling a pedestrian accident claim depends heavily on the specifics of the case. The severity of injuries can significantly impact the duration of the settlement process. Disputed liability can lengthen the settlement process as evidence must be gathered to establish fault. Insurance companies often engage in tactics to minimize payouts, which can delay the settlement process. A simple claim with clear liability and moderate injuries may settle relatively quickly.
No amount of money can erase the trauma and hardships of being injured in a pedestrian accident. However, pursuing a settlement can provide vital support to help you rebuild and move forward after a devastating crash.
No Win, No Fee. Let the Best Motor Vehicle Accident Attorneys Fight for your Compensation!
