If You’ve Been Involved in a Pedestrian Injury, Do You Know How to Claim?Mark Clore ·
The U.S National Highway Traffic Safety Administration reports that cars kill more than 4,000 people per year and injure over 70,000 in pedestrian accidents.
A Pedestrian's Duties and Rights
Some of the most common laws regarding pedestrian duties and rights include:
- Having right-of-way in crosswalks, private and public sidewalks, highways and public roads
- Pedestrians are still subject to traffic lights, wait and do not walk signals and any other pedestrian safety warnings and devices.
- If there is a sidewalk along the roadway, a pedestrian should walk on it. If there is no sidewalk, pedestrians should walk along the shoulder of the road, facing oncoming traffic.
- Even if a pedestrian has right of way, he or she should keep a proper lookout and act carefully.
Common Causes of a Pedestrian Injury or Accident
Negligent drivers are often to blame when a pedestrian is hit by a car. But it is not always the driver's fault. Pedestrians can also cause accidents. Common causes by motorists:
- Failure to obey the speed limit
- Failure to yield to pedestrians
- Car equipment failure
- Distractions such as texting or talking on the phone
- Driving while intoxicated
- Poorly maintained roads
Common causes by pedestrians:
- Ignoring traffic signals
- Walking along busy thoroughfares or outside of crosswalk markings
Common Pedestrian Injuries
Many a pedestrian injury occurs at the point of impact, but others occur secondarily. These secondary injuries tend to happen when the force of the impact forces the pedestrian into a solid object. For example, the initial impact broke the pedestrian's leg, but then forced him to fall, hitting the pavement and fracturing his skull. Common pedestrian injuries include:
- Fractures to the pelvis, hips, arms, ribs and legs
- Contusions, scalp lacerations, abrasions
- Spinal cord injuries
- Brain swelling, concussions, blood clots
- Sprained and torn ligaments
What to Do If You Are Injured
If, as a pedestrian, you are injured, you will require evidence. If the car hits and injures you, be sure to get the motorists' contact information and name. You will also need their insurance details and contact information. If your injuries are too serious to undertake all of this, ask a friend or the police officer at the scene to get it for you. The next step is to get in touch with the motorist's insurance company, report the accident to the police and file a claim. You will then need to prove that the motorists' actions were negligent and the cause of the accident that resulted in your injuries. Right after the accident, ask the following questions:
- Did the driver breach their duty of care to you?
- Were the driver's actions the direct cause of your injuries?
- Where there any intervening forces, and if so, would they relieve either or both of you from fault?
A Lawyer Will Help You Negotiate Your Injury Claim
All negotiations with the insurance company need to be evidence-based. The more evidence you collect, the better your chances of a higher settlement. The evidence will usually highlight the events that occurred right before the accident, at the time of the accident and during your recovery period. A personal injury lawyer can help you to properly prepare evidence so that you can settle the claim easily. If you need the help of a lawyer for your pedestrian injury case, call Clore Law today at 843-722-8070.
Clore Law Group welcomes your questions about any issues concerning a serious personal injury, car accident, medical malpractice, nursing home neglect, business tort, or workplace injury. If you have a viable claim, we’ll explain the legal process. Since consultations are always free, there’s no cost in learning your legal options.