Why You Need a Pedestrian Accident Lawyer After Being Hit
Imagine crossing the street, a routine part of your day, when suddenly, a vehicle strikes you. The world turns upside down in an instant. According to the National Highway Traffic Safety Administration (NHTSA), thousands of pedestrians are injured each year in traffic accidents, with many suffering severe, life-altering consequences. If you’ve been hit by a car while walking, you’re likely facing a mountain of challenges: medical bills, lost wages, and physical and emotional trauma. In such a situation, understanding your legal rights and options is crucial, and that’s where a pedestrian accident lawyer comes in.
Understanding the Role of a Pedestrian Accident Lawyer
Navigating the legal system after a pedestrian accident can be overwhelming. A pedestrian accident lawyer is a personal injury attorney who specializes in representing individuals injured as pedestrians due to the negligence of drivers. They provide support and professional advice, guiding you through the legal process and helping you seek compensation for your losses.
Here’s what a pedestrian accident lawyer does:
- Legal Expertise: They provide legal counsel, ensuring you understand your rights and options.
- Investigation: They conduct a thorough investigation of the accident, gathering evidence to support your claim.
- Negotiation: They negotiate with insurance companies to reach a fair settlement.
- Representation: They represent you in court if a settlement cannot be reached, advocating for your rights and seeking maximum compensation.
Key Benefits of Hiring a Pedestrian Accident Lawyer
1. Protecting Your Rights
Insurance companies are businesses that aim to minimize payouts. They may pressure you to give recorded statements or accept quick settlements that don’t cover your full recovery. A pedestrian accident attorney will protect you from these tactics, ensuring your rights are upheld throughout the process. They will also ensure that there is no pressure of accepting a settlement that is less than you deserve.
2. Establishing Liability
Proving fault is critical in any pedestrian accident claim. A skilled attorney knows how to gather evidence, such as police reports, traffic camera footage, witness statements, and expert analysis, to build a compelling case that shows the other party’s negligence. They’ll prove that the driver failed to yield, was distracted, or violated traffic laws, and will use evidence to connect their actions directly to your injuries.
3. Maximizing Compensation
Most victims underestimate the true value of their personal injury claims. Insurance companies often capitalize on this, offering lowball settlements that barely cover immediate medical expenses, let alone long-term care or emotional suffering. A pedestrian injury attorney understands how to calculate your claim accurately—factoring in future medical costs, lost wages, diminished earning potential, and pain and suffering.
The average settlement for a pedestrian hit by a car can range from $10,000 to $500,000, and sometimes even more, based on the severity of injuries and other factors.
4. Handling Insurance Companies
Dealing with insurance companies can be stressful and time-consuming. A pedestrian accident lawyer will handle all communications with the insurance company, protecting you from saying anything that could harm your case. They will also ensure the insurance company sees all your medical records and bills, demonstrating the extent of your injuries and the cost of treatment.
5. Providing Objectivity
After an accident, it’s difficult to think clearly and make rational decisions. A lawyer can provide an objective viewpoint, helping you assess your options and make informed choices. They can also provide emotional support, guiding you through the legal process with empathy and understanding.
6. Access to Resources and Experts
Building a strong injury case often requires more than just your word. It involves gathering police reports, traffic camera footage, medical records, witness testimonies, and even accident reconstruction. A pedestrian injury attorney has access to resources that can strengthen your case significantly. In serious injury cases, expert witnesses—such as medical professionals or accident analysts—may be brought in to explain how the incident occurred and what the long-term consequences are.
7. Representation in Court
While many cases settle outside of court, some proceed to trial—especially when insurers refuse to negotiate fairly. If that happens, having a seasoned pedestrian injury attorney on your side is crucial. Your lawyer will present your case clearly, argue on your behalf, and fight to ensure the court understands the full scope of your injury. Their courtroom experience can be the difference between a denied claim and a successful verdict.
Common Injuries in Pedestrian Accidents
Pedestrian accidents often result in severe injuries due to the lack of protection compared to vehicle occupants. Some of the most common injuries include:
- Traumatic Brain Injuries (TBIs): TBIs can range from mild concussions to severe brain damage, affecting motor control, emotional control, speech, and cognitive development.
- Spinal Cord Injuries: These injuries can cause partial or complete paralysis, significantly impacting a victim’s quality of life.
- Broken Bones and Fractures: Pedestrian accidents often lead to broken bones, particularly in the legs, arms, and ribs.
- Internal Injuries: Internal bleeding, organ damage, and ruptured blood vessels are some of the potential internal injuries that can occur in pedestrian accidents.
- Soft Tissue Injuries: Sprains, strains, and contusions are common soft tissue injuries in pedestrian accidents.
- Cuts, Lacerations, and Abrasions: These injuries can lead to significant discomfort and scarring and, in more severe cases, can indicate internal injuries.
- Psychological Trauma: Pedestrian accidents can also cause significant psychological trauma, such as post-traumatic stress disorder (PTSD), anxiety, and depression.
Understanding Damages You May Be Able to Recover
If you’ve been injured in a pedestrian accident, you may be entitled to compensation for a variety of damages, including:
- Medical Expenses: This includes past and future medical bills, rehabilitation costs, and expenses for necessary medical equipment.
- Lost Wages: You can recover lost income due to missed workdays and any future lost earning capacity.
- Pain and Suffering: Compensation for pain and suffering addresses the physical pain and emotional distress caused by the accident.
- Property Damage: If any personal property was damaged in the accident, you can seek compensation for repair or replacement costs.
- Punitive Damages: In cases where the driver was particularly reckless or negligent, you may be awarded punitive damages.
The Importance of Acting Quickly
Each state has a statute of limitations, which sets a deadline for filing a lawsuit. Missing this deadline could mean losing your right to seek compensation. In California, for example, the statute of limitations for personal injury claims is generally two years from the date of the accident. However, there are exceptions to this rule, so it’s essential to consult with an attorney as soon as possible.
Cost of Hiring a Pedestrian Accident Lawyer
Many pedestrian accident lawyers work on a contingency fee basis, meaning you only pay if they obtain a settlement or win your case. The standard contingency fee typically falls between 33.3% and 40% of the total settlement or judgment. This arrangement allows victims to pursue justice without the burden of upfront legal fees, aligning the attorney’s interests with the client’s success.
Conclusion
Being hit by a car while walking can have devastating consequences. From physical injuries to emotional trauma and financial burdens, the aftermath of a pedestrian accident can be overwhelming. Hiring a pedestrian accident lawyer can provide invaluable assistance, ensuring your rights are protected and you receive the compensation you deserve. Don’t navigate this challenging time alone. Seek the guidance of an experienced attorney who can fight for your best interests and help you move forward with confidence.