Walking around outside in our daily lives can unfortunately lead to disastrous results. According to the National Highway Traffic Safety Administration (NHTSA), “there was a more than 3% increase in the number of pedestrians killed in traffic crashes in 2018, totaling 6,283 deaths – the most since 1990.” Common instances of pedestrian accidents happen in crosswalks during heavy traffic times such as rush hour and on the weekends. Injury sustained in a pedestrian accident tends to be disastrous, leaving victims with debilitating, permanent, or sometimes fatal injuries. If you or a loved one suffered injury or death while a pedestrian, contact the lawyers at Krum, Gergely & Oates, LLC who are experienced in handling these types of claims and can help you get the money you deserve and hold the appropriate parties responsible.
Types of Compensation in a Pedestrian Accident Case:
- Medical Bills
- Replacement Services
- Pain and Suffering
- Punitive Damages
- Loss of Consortium
- Property Damage
- Lost Wages
- Future Medical Bills
- Lost Earning Capacity
- Emotional Distress
- Wrongful Death
Elements
A driver can be found to be liable for a pedestrian accident under the theory of negligence if the following is proven:
· A duty of care was owed;
· This duty of care was breached;
· The breach of the duty of care proximately caused the loss or injury; and
· You suffered an actual loss or injury.
Common examples of a breach of duty of care:
· Speeding
· Not following traffic signs
· Failure to yield right of way to pedestrians
· Driving under the influence of drugs or alcohol
· Texting while driving or other forms of distracted driving
The duty of care owed by the driver can vary depending on the circumstances. It is not always easy to determine whether the breached duty led to the specific injury alleged. You should have the guidance of an experienced attorney to assist you with navigating a liability claim and to get you any recovery that you may be entitled.
Defenses
You may be frustrated to learn that pedestrians may be found to be responsible for their injury sustained while on traveling on foot. The other party may be absolved of responsibility based on the pedestrian’s actions under a concept known as contributory negligence (meaning your own negligence also led to the injury). For instance, the pedestrian did not cross in the marked crosswalk or was jaywalking. If there is a finding that you were contributorily negligent, you may be completely barred from getting any financial recovery. It is critical to have the representation of a lawyer with you to defeat any raised defenses.
Some tips if you are injured while a pedestrian:
- Immediately seek medical attention
- Obtain as much contact information about the other party as possible while on scene
- Document your injuries
- Do not under any circumstances provide a statement to an insurance provider without first speaking to a lawyer
- Promptly contact Krum, Gergely & Oates, LLC