Pedestrian accidents can lead to devastating results. A vehicle's weight, speed, and force can create highly devastating outcomes. A person who survives such an accident may have numerous losses that will stay with them for years to come.
Having a San Diego pedestrian accident attorney enables you to seek fair compensation for the losses you suffered and ensures the best possible outcome for your case.
After an accident, it is imperative that you retain an attorney to represent your interests. Insurance companies will often take advantage of you if you do not have an advocate by your side through these complicated cases.
Below, we discuss how a lawyer can protect your rights after a pedestrian accident.
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Consider How Devastating a Pedestrian Accident Can Be
Pedestrian accidents can cause extremely serious injuries and can even be fatal. Authorities reported that 7,388 pedestrians lost their lives in car accidents last year, which was a 13 percent increase from the previous year and an 80 percent increase over 15 years ago.
Fatal pedestrian accidents have become more and more common, and this does not take into consideration the thousands of other people who suffered severe injuries requiring medical treatment or with long-term effects.
The consequences of a pedestrian accident can vary widely. In some situations, a crash may happen at relatively low speed, leaving the pedestrian with only a few bumps and bruises.
However, there are many other instances in which a driver is moving quickly, does not stop and runs the person over, or strikes a person with enough force that they fall and suffer a head injury.
Consider some of the injuries that are common in pedestrian accidents:
- Traumatic brain injuries from blows to the head
- Crushing injuries
- Internal organ damage
- Burns to the skin, tissues, and muscles
- Spinal cord damage that leads to paralysis
- Broken bones
- Lacerations and road rash
Many of these injuries result in long-term complications and permanent loss for pedestrians. That means that a person’s life has fundamentally changed due to the injuries another person caused.
The complexity of the injuries contributes directly to the need for an accident attorney. Not only do you need help estimating the medical losses you already have, but you must also consider the long-term outcome.
For example, you should consider how your injury will damage:
- Your ability to work
- Relationships
- Your ability to walk
- How you go about your life
- Your quality of life
- Your lifespan
- Added medical needs you now have
- Your wellbeing
- Your emotional health
Compensation after a pedestrian accident must take into consideration all of these losses. Without fail, you must think about how you will live, work, engage with life, and face pain and suffering. Only then can you seek out fair restitution for the losses you have.
Having a pedestrian accident attorney available to help you through this process can be critical. It can significantly affect how much money you receive and how you prove your losses.
Determining Negligence and Who Is at Fault
Another thing a pedestrian accident attorney can do for you after a crash is determine who is responsible for your losses. Numerous potential parties can hold some responsibility for a crash.
Consider some of these potential at-fault parties:
- The driver of the car
- The employer of the driver of the car that put them behind the wheel
- The city if the crosswalks are missing or poorly marked
- The property owner who failed to keep the sidewalks clear
- Vehicle manufacturers who develop cars that are not safe
- Poor lighting at dangerous intersections not maintained by the city
An accident attorney’s goal is to uncover what happened and to determine who you can hold liable. If this does not happen, you may not receive full and fair compensation for your losses.
Consider the Following Example
Imagine a situation where a delivery driver making a turn strikes a pedestrian in the crosswalk. The driver was fatigued and in the process of taking a break to get a cup of coffee. In this situation, the driver’s distraction is certainly their fault.
However, if the company that employed the driver knew the driver was working too many hours or lacked the necessary experience to be behind the wheel, they may also be responsible.
In some situations, the city’s failure to maintain sidewalks and crosswalks can be a factor. For example, if a municipality fails to put up adequate signage for a crosswalk, it may also be liable for pedestrian accidents.
Pointing a finger at the pedestrian is also a possibility with some insurance companies. They may claim that the driver did not see the party because the pedestrian was not in the crosswalk or was walking against the crossing signals.
In all situations, drivers are typically responsible for avoiding pedestrians and taking all necessary measures. Yet, there are times when the fault can be switched to pedestrians by insurance companies looking to alleviate their financial obligation.
Your attorney will:
- Work to determine who may be responsible for the incident
- Evaluate whether or not other parties besides the driver may hold some fault in the incident
- Create a clear defense to minimize any switching of blame to you, the victim
Having a pedestrian attorney by your side to help with this process can make a big difference in the insurance company's willingness to pay it out and not fight the claim.
Estimating All of Your Damages in a Car Accident Case
Pedestrian accidents, as noted, typically have devastating losses. Emotional and physical losses may plague a person for years to come. The job of the pedestrian accident attorney is to calculate all of those losses. To do that, they need to obtain evidence in the case.
Determining Your Medical Losses
Your personal injury attorney will work closely with you to determine all of your medical losses.
This can include:
- Initial emergency medical care costs
- Costs related to hospital stays and ongoing treatment
- Secondary surgeries and treatments
- Pain medications, infection control medications, and other life-saving medications used
- Ongoing care from medical specialists
- Deformity and cosmetic surgery repairs
- Ongoing medical costs for in-home health care or long-term care in a treatment center
- Medical equipment needed to assist in day-to-day living
- Modifications to homes for mobility issues
Estimating Your Non-Economic Losses
The attorney will also need to consider the non-economic losses in your case or the implications of your injuries on your future, as well as the suffering you had before this.
Some examples of this may include:
- Pain and suffering
- Emotional loss and trauma from the incident
- Loss of earning capacity and the ability to work
- Impact on relationships
- Impact on your lifespan itself
- Losses related to quality of life
Your pedestrian accident attorney’s job will be to uncover all of these losses. Making a list of them is not enough, though. They will then need to have data to back up such claims. That is especially true with the non-economic losses you have that may be harder to place a financial value on.
How Attorneys Prove Loss
There are various ways a pedestrian accident attorney can develop this evidence.
That includes:
- Using cases like your own that the insurance company has paid us before – having an experienced attorney can make all of the difference in this area
- Utilizing statements from your medical providers and medical experts to better understand your ability to recover and the long-term limitations you are likely to have
- Gathering evidence about what occurred using the other party’s medical records, driver data boxes, and any other evidence that can show the reckless behavior of the other party
- Photos and videos from the scene and the damage that occurred to you and the car itself from striking you
- Witness statements and your own statements about what you remember occurring right before your accident
- Accident recreationists can help to provide clarity in what occurred to make it clear just how devastating the losses are
With all this information and data, pedestrian accident attorneys can show the insurance company and the court, if necessary, how you suffered and who was at fault. That clarity can show how this incident – and the at-fault party’s negligence – has affected your life.
Managing the Insurance Claims Process
In some pedestrian accidents, victims' injuries are relatively minor. In these situations, providing the insurance company with documentation asking them to pay the bills is relatively straightforward. That said, victims should get a lawyer even in cases involving minor injuries.
That said, many accidents in which a car strikes a pedestrian are extremely complicated.
In cases involving serious injuries or complicated issues related to liability, your lawyer will likely gather evidence, evaluate your losses, and may even need to speak with experts. Then, your lawyer will present this information to the insurance company and begin the negotiation process. The insurance company may ask numerous questions to complete its due diligence before paying out any claim.
Most of the time, pedestrian cases settle before trial. When a case settles, the insurance company agrees that they owe the pedestrian money for their covered party, and the parties agree on how much the case is worth. However, this takes time. A pedestrian attorney ensures the claims process goes the best it can and that you maximize the results you receive.
Remember that the amount of money you receive after such an accident needs to be enough to cover your future medical bills and your losses for years – sometimes decades – to come. You need to be sure it is enough, and your pedestrian accident attorney will work to do that.
Going to court When it is Necessary
Though the parties to pedestrian accident cases typically settle, some go to court. Doing so involves a new layer of investigation, depositions, and questioning by various parties. It is a longer process with much more on the line. As a result, it is critical to have an experienced personal injury trial attorney available to guide you through the legal process.
Some of this things that a lawyer may do on your behalf include:
- Gathering the necessary evidence to pursue a motion in court
- Protecting your rights throughout the legal proceedings
- Helping you manage the deposition process
- Working through the discovery process while preserving your case
- Supporting you during the trial process
- Negotiating settlements throughout the process
These are skills that most people benefit from receiving from an experienced trial attorney. Because of the complexities involved in these cases, you need an attorney. It can make a big difference in your peace of mind and the outcome of your case. Having an attorney to defend, support, and guide you throughout this process is always worthwhile.
Schedule a Consultation With a Pedestrian Accident Attorney
If you have suffered injuries in a pedestrian accident, it is in your best interest to retain a lawyer as soon as you can.
Even if you are unsure if this is the right decision for you right now, discuss your case with an attorney to determine your legal options and rights. Many times, a free consultation can be eye-opening to you.
Discuss your case with our pedestrian accident attorney today. Learn more about your rights and obligations throughout this legal process and how an attorney can guide you to achieving the best possible outcome.
Contact a pedestrian accident attorney now for a consultation to learn more. Consultations are always free and there is no obligation to hire that particular lawyer. You can learn about your rights and start on your journey to select the right legal professional to represent you in your pedestrian accident case.
Schedule A Free Case Evaluation Today!
