Pedestrians hit by a car have several legal options to hold responsible parties financially accountable for their actions.
At William Mattar Law Offices, we strive to provide our clients with the best legal representation as they navigate the complex process of seeking compensation for being hit by a car.
Our goal with this learning resource is to shed light on your options and how a pedestrian accident lawyer can make the process as smooth and stress-free as possible.
Pedestrian Accident Statistics
The majority of pedestrian accidents occur in urban areas and on city roads. In New York, there are over 15,000 reported collisions between a person and a car each year, with hundreds of them resulting in death.
These statistics highlight the alarming frequency of pedestrian accidents and the need for legal recourse.
Considering the exorbitant medical expenses and potential lifelong injuries, accident survivors may be entitled to pursue compensation for damages or losses with the help of an experienced pedestrian accident attorney.
What Causes Pedestrian Accidents?
These accidents can occur due to a variety of factors. The most common causes include:
- Distracted driving: The epidemic of not paying attention while driving is one of the leading causes of cars striking pedestrians.
- Speeding: When drivers exceed the speed limit, they have less time to react to unexpected obstacles, such as pedestrians.
- Failure to yield: Drivers are required to yield the right of way to pedestrians at crosswalks and intersections. When they fail to do so, it can result in serious accidents.
- Fatigued or impaired driving: Drivers who are tired or under the influence of drugs or alcohol may have slower reaction times and decreased awareness of their surroundings, increasing the risk of hitting a pedestrian.
These dangerous driving behaviors put pedestrians at serious risk for catastrophic injuries. Holding negligent drivers accountable helps secure compensation for losses and promotes safer driving practices for the community.
What Injuries Occur When a Car Hits a Pedestrian?
The severity of injuries in a pedestrian collision can vary greatly, depending on factors including the vehicle's speed and where the pedestrian was struck. Common injuries include:
- Broken bones: Pedestrians are at risk of suffering multiple fractures and breaks as a result of being hit by a car.
- Head injuries: Traumatic brain injuries (TBI) can occur if the victim's head hits the ground or the car.
- Spinal cord injuries: Injuries to the spinal cord can result in permanent disability and loss of bodily function.
- Internal injuries: The force of a collision can also cause internal damage to organs, which may require extensive medical treatment.
- Death: Sadly, many pedestrian accidents result in fatalities due to the severity of the impact.
Furthermore, the psychological impact of these accidents can also have long-lasting effects on the victim, causing fear, anxiety, and even post-traumatic stress disorder (PTSD).
With the help of an experienced pedestrian accident lawyer, you can seek compensation for these and other damages, ensuring your road to recovery is as smooth as possible.
How Can Pedestrians Recover Compensation for Accident Injuries and Losses?
Understanding Personal Injury Claims
The most common way pedestrians recover compensation after being hit by a car is through a personal injury claim. This legal process allows victims to seek financial damages from the at-fault driver or their insurance company. How this process plays out depends on the fault laws in the state where the accident occurred.
For example, New York's no-fault system requires accident victims to have certain limited medical expenses and lost wages paid by the applicable no-fault insurance company, regardless of who was at fault for the accident. Lost wages and medical expenses in excess of what is covered by no-fault, as well as compensatory damages for pain and suffering, can be recovered from the at-fault motorist or their insurance company.
An experienced personal injury lawyer can help you navigate through them.
Understanding Personal Injury Lawsuits
When a personal injury claim cannot be settled with the insurance company, a lawsuit may be necessary to recover compensation.
This legal process involves taking the case to court and presenting evidence to prove that the other party was responsible for the accident. In successful cases, experienced pedestrian accident lawyers have secured significant settlement awards.
Because of the complex legal procedures involved in a personal injury lawsuit, it is often advisable to hire an experienced attorney to assist with your case. With their help, you can focus on your recovery while they handle the legal aspects of seeking compensation.
How Much Is My Pedestrian Accident Case Worth?
What Factors Affect Settlement Awards?
The first thing to understand about seeking compensation through legal means is that there are no guarantees. Settlement awards can vary significantly based on:
- The severity of injuries: More severe injuries typically result in higher compensation.
- Medical expenses: Proper documentation of medical treatment and related costs can help increase your chances of a larger settlement.
- Lost wages: If the accident has caused you to miss work, you may be entitled to compensation for any lost income that is not covered by no-fault insurance.
- Pain and suffering: Compensation for physical or emotional pain and suffering may also be included in a settlement award.
- Liability: Depending on your state's fault laws, the degree of liability assigned to each party involved can affect the amount of compensation received.
An experienced accident injury lawyer will assess your case and advise you on the potential value of your claim based on these and other factors.
Understanding the Cost of a Pedestrian Accident
While there is no set standard for calculating compensation in an accident case, there are common expenses that may be included in a settlement award, such as:
- Medical expenses: Accident survivors can face thousands or millions in upfront and lifetime medical expenses, especially if catastrophic injuries such as TBIs, spinal cord damage, paralysis, or amputations are involved.
- Lost wages: The severity of these accidents can put survivors out of work for weeks, months, or years. As a result, they could suffer significant income losses totaling several thousands of dollars.
- Diminished earning potential: The long-term effects of a pedestrian accident often prevent survivors from working in the same capacity as before. For those with specialty or highly skilled jobs, this can lead to hundreds of thousands or millions in losses over a lifetime.
- Funeral and burial costs: The average funeral cost in the United States is $7,000. When a pedestrian accident leads to wrongful death, surviving family members may be entitled to compensation for these expenses.
- Long-term care: Pedestrian accidents can result in permanent injuries that require lifelong medical care and assistance. This can include the cost of nursing homes or home healthcare services, totaling tens of thousands annually.
In addition to these economic damages, common non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, may also be included in a settlement award.
While putting a price on the overall impact of these accidents is difficult, an experienced accident injury lawyer will work to ensure that all damages are accounted for in the settlement negotiation process.
What Are Common Obstacles in the Legal Process When a Car Hits a Pedestrian?
As with any legal process, there can be challenges and obstacles that arise during a pedestrian accident case, including but not limited to:
- Missing filing deadlines: New York State has a statute of limitations for personal injury claims. Failure to file within this time frame can result in the case being dismissed. This highlights the importance of securing comprehensive legal representation as soon as possible.
- Disputes over fault: In some cases, insurance companies or the at-fault party may dispute who was responsible for the accident. This can delay the legal process and make it more challenging to settle. With the help of a lawyer, evidence can be gathered to prove liability and strengthen the case.
- Limited insurance coverage: Sometimes, the at-fault party may have limited or no insurance coverage. This makes it challenging to recover full compensation for damages. However, a lawyer may be able to explore other sources of compensation through a personal injury lawsuit.
- Unscrupulous tactics: Insurance companies may use tactics to try and discredit a claim or minimize the settlement amount. An experienced attorney can navigate these challenges and ensure that the victim's rights are protected throughout the legal process.
Understanding common obstacles and hiring experienced legal professionals increases your chances of achieving a successful outcome in your case.
What Rights Do Pedestrians Have?
Many states, including New York, give pedestrians the right of way in crosswalks. This means that vehicles must yield to pedestrians who are legally crossing the street, regardless of whether the section is traffic-controlled.
If a driver fails to uphold their legal duty of care and causes an accident resulting in injuries or death, they may be liable for compensating the victim(s). This highlights the importance of seeking experienced legal representation even if you think you may share some responsibility for the accident.
Pedestrian and Car Accident FAQs
Can I file a claim for compensation if I was jaywalking at the time of the accident?
While jaywalking is illegal in many states, the act in itself doesn't always exclude accident survivors from pursuing compensation for injuries. In New York, you may still be entitled to compensation because of the doctrine of “comparative fault.”. An experienced lawyer can help assess your case and determine your options for seeking compensation.
What if an uninsured or underinsured driver hit me?
In this situation, it may be beneficial to explore other sources of compensation, such as your own insurance policy or the at-fault party's available assets. Your personal injury lawyer can also assist in negotiating with insurance companies and ensure you receive fair compensation for your injuries and losses.
How long will a pedestrian accident case take to resolve?
The length of a case can vary depending on the specific circumstances and complexities. Some cases may be settled within a few months, while others may take a year or longer to resolve. A pedestrian accident lawyer will work as efficiently and diligently as possible to ensure a timely resolution.
What do I do if a pedestrian accident results in wrongful death?
In the unfortunate event of a fatal accident, qualifying surviving family members may be entitled to pursue a wrongful death claim. An experienced personal injury lawyer can assist in navigating this complex process and ensuring that the victim's loved ones receive proper compensation for their losses.
When should I contact a personal injury attorney about my pedestrian accident?
Seek legal representation as soon as possible after the accident occurs. This allows for speedy evidence gathering and ensures all filing deadlines are met. Even if you are unsure about the extent of your injuries or responsibility for the accident, consulting a lawyer can provide valuable insight and peace of mind.
Recover Maximum Compensation Through All Legal Avenues With A Pedestrian Accident Lawyer From William Mattar Law Offices
You have rights when seeking compensation for injuries and damages from a pedestrian accident.
With the help of an experienced personal injury lawyer, you can navigate any obstacles that may arise in the legal process and increase your chances of a successful outcome.
At William Mattar Law Offices, we are dedicated to fighting for the rights of accident survivors and helping them recover maximum compensation through all available legal avenues.
Time is of the essence. Contact us today for your free case evaluation, and let us help you get the justice and compensation you deserve.