Pedestrian accidents can be devastating, both physically and emotionally, and the number and severity of these accidents are increasing throughout the country. The death toll in pedestrian accident cases has recently risen to a 20-year high, and it has not fallen since then. Drivers are riskier than ever, and pedestrians are paying the price. There are numerous causes of pedestrian accidents, but there is one underlying principle: the driver responsible for the accident has a legal obligation to fully compensate you for your damages if you can prove they were to blame.
The first thing that you need to do is contact a Williamsport pedestrian accident lawyer to represent you in the legal process. There is so much on the line, and the insurance company is dedicated to making your claim as difficult as possible, so you need a fighter in your corner. These lawyers have experience in pedestrian accident cases and know how to navigate the complex legal system on your behalf. Your pedestrian accident lawyer handles all the details of your case and puts everything on the line when dealing with the insurance company for you. To get a lawyer on your side, you only need to make a simple phone call to schedule a free initial consultation.
There are numerous ways that a driver can cause a pedestrian accident, and regardless of the cause, pedestrians can suffer severe injuries because they have nothing to protect them from direct impact. Accordingly, there is little chance that a pedestrian can walk away from the accident unharmed.
In the meantime, here are some causes of pedestrian accidents and what you can do after such an incident.
Distracted Driving
Distracted driving is one of the biggest reasons for the recent spike in pedestrian accidents. Motorists often need to stop on a dime to avoid hitting a pedestrian. Even when pedestrians follow the law, they may come out of nowhere as far as a driver is concerned, especially when a motorist is not looking. Drivers need to be continuously alert to everything and everyone around them when they are on the road.
Unfortunately, more motorists than ever are not fully attentive when they are behind the wheel. One of the main culprits is their mobile devices, as they may be texting or searching the internet while driving. A distracted driver is only sometimes on their phone; other distractions can include being lost in thought or eating while driving. It can take a driver several seconds to come to a complete stop, even after they apply the brakes. If a driver gets a slow start on braking, they may be unable to stop when they see a pedestrian in front of them.
Distracted driving makes pedestrian accidents even more severe. In many cases, the driver makes no effort to slow down because they never saw the pedestrian in the first place. As a result, pedestrians can suffer serious injuries when struck at higher speeds, increasing the severity of the accident and the potential harm caused.
Reckless Driving
In addition to driving while distracted, reckless drivers are also increasingly endangering others on the road. They have adopted far more dangerous habits, whether because they are selfish or have no regard for the law. The situation has worsened since the pandemic when drivers got used to having the roads relatively to themselves. Unfortunately, many motorists still act like they are alone on the roadways.
Reckless driving puts everyone in a driver's vicinity at risk, and excessive speeding is one of the main types. When drivers are speeding, they cannot spot challenges in time and respond to them accordingly. Another hazardous example of reckless driving is when a driver takes a turn at a very high speed. A pedestrian may have the right of way when they have a walk signal and begin to cross the intersection. The driver may strike them because they do not see the pedestrian in time to stop.
Running red lights or stop signs are other forms of distracted driving that can endanger
pedestrians. These are places where people cross the road and often have the right-of-way, and if a driver is not paying attention, they may hit the pedestrian.
Drunk Driving
Alcohol is a common factor in pedestrian accidents. In some cases, it is the pedestrian who is impaired. However, in about two thirds of pedestrian accident fatalities where impairment is an issue, the drunk driver is to blame. There are some instances in which both the pedestrian and the driver have some degree of alcohol impairment.
When a driver has consumed alcohol, they are unable to perceive what is going on around them on the road and may not see that there is anyone else near them trying to cross the road. Even if they see a pedestrian, they may be unable to connect their presence and the need to stop. Alcohol makes a driver's reflexes much slower, and it lowers their inhibitions and makes them take many more risks. Drunk drivers often speed and drive recklessly, raising the risks of all types of accidents.
Lack of Maintenance for Vehicles
The driver may see the pedestrian, but they may still be unable to stop to avoid the accident. Brakes are critical in whether a driver can stop in time, assuming they have already seen the pedestrian. If the brakes are not working correctly, they may not respond quickly when the driver applies them.
A driver is responsible for properly maintaining their car, including checking the brakes and making necessary repairs. They will always be liable when they do not adequately maintain their vehicle. However, repair shops can also be liable if they were negligent and performed shoddy work on the car.
Lack of Knowledge of Laws That Protect Pedestrians
Sometimes, the driver may not know the pedestrian laws and what they must do to keep you safe. For example, they may not always know they must yield the right of way at an unmarked crosswalk or realize they must stop and yield once a pedestrian enters the crosswalk. Drivers may also not know it is illegal to pass other drivers who have followed the law and yielded to a pedestrian. Awareness is a significant component of pedestrian safety, and some motorists may not understand the law and what they are forbidden to do when there are pedestrians in the vicinity. However, a lack of knowledge of the law does not excuse a driver's negligence, and they will still be held legally responsible for the accident no matter what.
Poorly Designed Intersections and Dangerous Traffic Patterns
Some intersections and places where you may need to cross the street are literal death traps, and you may take your life in your hands whenever you need to get across a busy thoroughfare. There may not even be crosswalks or pedestrian signals, or the roadway has a design that makes things more dangerous for you. Localities are beginning to consider pedestrian safety when they design roads, but they have a long way to go to retrofit existing roadways to minimize the risks of pedestrian accidents. Unfortunately, it is even more dangerous for pedestrians in lower-income neighborhoods because there is less roadway investment. You may even file a lawsuit against the government for a dangerous road design or their inactivity in the face of known risks and dangers.
Why You Need a Pedestrian Accident Attorney for Your Case
When you hire a pedestrian accident lawyer, they will thoroughly investigate what happened to you or your loved one. They will also take the initial steps to qualify you for financial compensation. You can only get payment for your pedestrian accident injuries once you prove the driver was to blame for the incident. For example, the fact that a driver ran through a crosswalk after you have already entered it may be proof of negligence on its own. However, it helps to know the exact cause of the accident because it can put you in a stronger legal position when seeking compensation. You may need this evidence to deflect allegations that you somehow were to blame for the pedestrian accident. Insurance companies like to use this tactic because it can help them get out of paying you everything that they owe.
A pedestrian accident lawyer has experience in gathering evidence. They have the resources and know-how to investigate the accident scene, interview witnesses, obtain surveillance footage if available, and collect other crucial pieces of evidence that can strengthen your case. This evidence will be essential in proving liability and establishing the responsible party's negligence.
Your pedestrian accident attorney makes it their job to explain the damages you have suffered from your injuries. They may study your medical records and situation or work with expert witnesses to learn the exact value of your claim. You must support and prove your damages when you file a claim or lawsuit. Just like you have the burden of proof for negligence, you also have similar requirements regarding your damages. You can expect the insurance company to challenge your damages, regardless of whether you have filed a claim or a lawsuit.
Your Pedestrian Accident Lawyer Fights for You at All Times
A pedestrian accident lawyer will handle all communication with the insurance companies and legal adversaries on your behalf. Dealing with insurance companies can be overwhelming, especially when you are already dealing with the physical and emotional aftermath of an accident. Once a pedestrian accident lawyer files your claim, they must deal with the insurance company to secure adequate compensation, assuming they can prove liability. You can expect any settlement offers to be much lower than the amount of money you have a legal right to. Nothing says that you must accept any of these offers, and you can reject a settlement offer because the insurance company is your adversary who must settle with you or face the risk of a lawsuit.
Even though you suffered an injury and are preoccupied, you cannot take your eye off the ball regarding the legal process. It will take an extended time from hiring a pedestrian accident lawyer until the check gets deposited in your account (assuming you will get one). Hiring a lawyer can increase your chance of receiving significant compensation. Even though there is no requirement for you to have a pedestrian accident lawyer, you are certainly better off when you get legal representation. If you do not have an attorney, the insurance company will try to take advantage of you.
You need to reach the point of maximum medical improvement before you can file a pedestrian accident claim or lawsuit. A doctor must diagnose and treat your injuries, and you must recover as much as possible before you can take any legal action. Otherwise, you will not know the full extent of your injuries, and the insurance company can shortchange you in a settlement. Therefore, you should hire a pedestrian accident lawyer now so you can act when you are ready.
It Costs You Nothing Out of Pocket to Hire a Pedestrian Accident Lawyer
The obstacle you will not need to overcome in your case is how you will afford a pedestrian accident lawyer. When you hire a pedestrian accident lawyer, they work on a contingency fee basis, meaning they only get paid if they successfully recover compensation for you. This fee is usually a percentage of the settlement or award that you receive. So you can rest easy knowing that your pedestrian accident attorney will work hard to fight for your rights and get you the compensation you deserve.
Not only does hiring a pedestrian accident lawyer come at no cost to you, but it also offers you peace of mind. Dealing with insurance companies, medical bills, and legal paperwork can be stressful and time-consuming. An experienced pedestrian accident attorney can handle these complex tasks on your behalf, allowing you to focus on your recovery.
Hire An Experienced Pedestrian Accident Lawyer to Protect Your Rights
After a pedestrian accident, it is vital to seek the assistance of a Williamsport personal injury attorney. They will serve as your advocate, fighting for your rights and ensuring you receive the compensation you deserve. Remember, when it comes to navigating the complexities of the legal system, having a knowledgeable and experienced professional on your side can make all the difference.
Thomas Waffenschmidt
Attorney
Thomas Waffenschmidt has served on the Pennsylvania Association for Justice since 1990 and has been a board member from 1999 through 2014. He has also served on the board of the Lycoming Law Association since 2008 and served as president in 2014.
Author's Bio