When a car and a pedestrian collide, the pedestrian sustains most of the injuries, if not all. These injuries tend to be severe due to the disparity in size between the two objects colliding. Most people assume the vehicle driver is at fault in this situation, but that is not always the case.
Table Of Contents
Reasonable Care
A pedestrian must use reasonable care when on public roads and highways. If they fail to meet this duty of care, a court might declare them negligent and hold them accountable for the accident. Pedestrians do not always have the right of way, as many believe. What does a pedestrian need to know when walking on public roads and highways? How can Wyatt Law Firm help individuals involved in this type of accident?
The Driver At Fault
In certain situations, the driver clears deserves the blame in a pedestrian accident. For instance, when a driver runs a stoplight and hits a pedestrian, they are at fault. The same holds when they don’t stop at a designated crosswalk or turn right on red in front of a pedestrian.
The Pedestrian At Fault
However, a pedestrian remains in a better position to avoid a car accident. These accidents occur on the roadway, and the pedestrian retains control of when they enter and exit the roadway. For example, a pedestrian cannot walk out in front of a moving vehicle in an area with no designated crosswalk and expect the driver to stop automatically. They aren’t aware of the hazard and may not react quickly enough to avoid the accident. The pedestrian might find they are held responsible for this type of accident.
Damages
A pedestrian injured in an accident with a vehicle will find they can pursue various types of compensation. However, the driver might also file a claim to repair any damage to their vehicle. The pedestrian may seek compensation for medical bills related to the accident. In addition, they can request compensation for any income lost as a result of the pedestrian accident and loss of future earnings, if applicable.
Many victims seek compensation for pain and suffering. They may also request compensation for loss of enjoyment, emotional distress, or other non-economic losses. People often dismiss these costs, but they have a tangible effect on the person’s life. They may no longer be able to enjoy things they used to, and this can lead to anxiety, depression, and other mental health concerns.
Statute Of Limitations
A person must act quickly if they are injured in a pedestrian accident. Each state determines the statute of limitations for this type of accident, and a victim doesn’t want to learn they missed out on compensation because they missed a deadline. Sadly, this can and does happen. An attorney ensures this mandatory date and any other deadlines related to the case aren’t missed.
Any pedestrian injured in an accident with a vehicle should speak with an attorney right away. They need to ensure their rights are protected and they get the compensation needed to recover from their injuries. The attorney handles all aspects of the legal case, so the victim can attend medical appointments and make their recovery the priority. Most attorneys working in this field offer free consultations and work on a contingency basis. As a result, victims of this accident have nothing to lose by moving forward with legal action. Learn more today to see if this option is right for you.
