Pedestrian accidents can be some of the most devastating and life-changing events anyone can encounter. Unfortunately, they’re also the most common cause of traffic fatalities in the United States. If you or a loved one has been injured in a pedestrian accident, it’s crucial to understand the laws surrounding these accidents. That knowledge can help you understand your rights and responsibilities and ensure you receive any compensation to which you may be entitled.
What is Pedestrian Accident Law?
Pedestrian accident law refers to a set of legal rules that govern liability in cases involving pedestrians who are injured in traffic accidents. These types of cases may be complex and may involve a variety of factors, but in general, they focus on determining who — if anyone — is at fault and, therefore, liable for the pedestrian’s injuries.
Determining Fault
In most cases, determining fault in a pedestrian accident involves analyzing and assessing the actions of both the pedestrian and the driver. Usually, the initial assumption is that the pedestrian did not cause the accident. However, in some cases, the driver may have a defense, such as if the pedestrian was crossing outside of a crosswalk or if they were distracted while walking.
Compensation for Damages
If a pedestrian accident determines that the driver was at fault, the victim may be able to receive compensation for damages. Damages can include medical expenses, lost wages, and pain and suffering. It is essential to note that in most cases, the driver’s insurance company will be responsible for paying the damages, not the individual driver.
Contributory Negligence
Contributory negligence is a legal term that refers to a situation in which the pedestrian shares some — but not all — of the blame for the accident that caused their injury. If this is the case, the pedestrian may still be able to receive compensation, but it will generally be proportionately reduced to reflect their degree of fault.
Seeking Legal Help
In many cases, pedestrian accident law can be complicated, and it can be challenging to determine who is at fault for the accident. That’s why it’s crucial to seek legal help if you’ve been involved in an accident. A qualified personal injury attorney can help you understand the law, your rights, and the steps you need to take to ensure that you receive fair compensation for your injuries.
Pedestrian accidents can be traumatizing, but understanding pedestrian accident law can help you navigate this challenging time. If you or someone you love has been injured in a pedestrian accident, it’s essential to reach out to a personal injury attorney as soon as possible. With proper legal representation, you can access the resources and expertise you need to protect your rights, secure your financial stability, and rebuild your life.
Share2 January 2024
