While on the roadway, it is common for drivers to focus their attention on other vehicles. Though this may seem natural while driving, it creates a high risk of danger for pedestrians who are also using the roadway, either lawfully or otherwise. Given the size and speed of vehicles traveling on the roadway, pedestrians are often severely injured as a result of a collision with a vehicle. Due to how devastating these injuries can be, it is essential that an individual involved in a pedestrian accident seek competent representation to protect his rights against the other parties involved in the accident.
Common Locations of Pedestrian Accidents
Common locations where pedestrian accidents occur include, but are not limited to:
- Crosswalks and Intersections: Busy intersections can make crossing the street dangerous, especially when it is dark or rainy out.
- Parking Lots/Garages: Drivers are often distracted when driving through parking lots and garages and can therefore fail to notice pedestrians walking to/from their cars.
- Neighborhoods and Residential Streets: Cars driving too quickly though residential streets, children playing in the streets, and poor lighting are just some of the reasons why pedestrian accidents often occur in residential streets.
- Outside Venues and Theaters: Due to the large crowds that congregate outside of venues and theaters, drivers can become distracted or fail to notice a pedestrian who suddenly steps into the street.
- Along the Side of the Road: Pedestrians who walk along the shoulder of the road or on sidewalks that suddenly end are vulnerable to being hit by a car, given the lack of signage and barriers to protect the pedestrian.
Causes of Pedestrian Accidents
Common causes of pedestrian accidents include, but are not limited to:
- Driving While Intoxicated: When a driver operates a vehicle while intoxicated, she is much more likely to fail to notice a pedestrian.
- Improperly Maintained Car: Failing to properly maintain a car (such as replacing brake pads) can lead to a driver being unable to stop or control his vehicle before hitting a pedestrian.
- Distracted Driving: Engaging in activities such as talking on the phone, texting, or eating while driving can interfere with a driver’s ability to notice a pedestrian in time.
- Making an Unprotected Left/Right Turn: If a driver fails to look for pedestrians before making an unprotected left or right turn, he risks colliding with a pedestrian who is crossing the street.
- Failing to Yield to Pedestrians: Accidents can occur when a driver fails to yield to pedestrians, such as when they’re walking across the street or walking through a parking lot.
Proper Representation for a Pedestrian Accident Case
Proving liability in a pedestrian case can be tricky. Drivers have a high level of responsibility with regard to yielding to pedestrians and exercising due care for their safety. Additionally, pedestrians who are struck by cars often suffer extensive injuries. As such, it is vital for pedestrians to seek adequate compensation for their medical bills, lost work, and pain and suffering. Ultimately, for both the driver and the pedestrian, it is imperative to retain competent representation to ensure that the parties are in the best position to defend themselves/pursue a claim.
A qualified law firm will work with their client to:
- Investigate the accident and gather evidence to prove fault.
- Communicate with the insurance companies and provide them with the necessary paperwork, as well as negotiate with these companies to obtain an appropriate settlement.
- Investigate the driver’s driving record, and ensure that the provided record is complete and accurate.
- Ensure that the party’s injuries are properly investigated, including the party’s medical care, medical costs, and losses in future wages. Relatedly, a qualified attorney will ensure that any award properly accounts for the party’s medical costs, losses in present and future wages, and pain and suffering.
- Hire proper experts to examine the accident and help determine the conditions leading to the accident.
- Collect and examine vital evidence related to the accident in order to best protect the injured party. This includes conducting discovery (including depositions and interrogatories) in order to get as much necessary information about the other parties and the accident as possible.
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