Pursuing a Pedestrian Accident Injury Lawsuit: Is It Right for You?

Each year, thousands of pedestrians are injured or killed in traffic accidents. According to the National Highway Traffic Safety Administration (NHTSA), thousands of pedestrians are killed in motor vehicle accidents annually, and many more suffer life-altering injuries. If you’ve been involved in a pedestrian accident, you may be wondering if pursuing a personal injury lawsuit is the right course of action. This blog post will explore the key considerations to help you make an informed decision.

Understanding Pedestrian Accident Claims

A pedestrian accident claim arises when a person on foot is injured by a vehicle due to the driver’s negligence. Negligence, in legal terms, means that the driver failed to exercise reasonable care, and that failure resulted in your injuries. To win a pedestrian injury claim, your attorney will need to prove four key elements:

Duty of Care: The driver had a legal responsibility to drive safely and obey traffic laws.
Breach of Duty: The driver broke that responsibility (e.g., texting while driving, speeding, or failing to yield).
Causation: The driver’s actions directly caused your injuries.
Damages: You suffered real harm (medical bills, lost wages, pain, and suffering).

Common Causes of Pedestrian Accidents

Understanding the common causes of pedestrian accidents can highlight the types of negligence that might be present in your case. Some frequent causes include:

Distracted Driving: Drivers who are texting, talking on the phone, eating, or otherwise distracted are less likely to notice pedestrians.
Speeding: Exceeding the speed limit reduces a driver’s reaction time and increases the severity of injuries.
Failure to Yield: Drivers failing to yield the right of way to pedestrians in crosswalks or intersections.
Impaired Driving: Alcohol and drugs impair judgment and slow reaction times.
Poor Visibility: Weather conditions like rain, fog, or snow can reduce visibility, making it harder for drivers to see pedestrians.
Jaywalking: Pedestrians crossing outside of designated crosswalks or against traffic signals.

Factors to Consider When Deciding to Sue

Before deciding to pursue a pedestrian accident injury lawsuit, carefully consider the following factors:

Severity of Injuries: The extent of your injuries is a primary factor. Serious injuries that require extensive medical treatment, rehabilitation, and long-term care often warrant a lawsuit. Settlements can range from $10,000 to $75,000 for minor injuries, but can easily exceed $100,000 or even $1 million for catastrophic injuries.
Liability: Establishing liability is crucial. You must demonstrate that the driver was negligent and that their negligence caused your injuries. Evidence such as police reports, witness statements, and surveillance footage can help prove negligence.
Insurance Coverage: Determine the available insurance coverage. Most compensation for pedestrian injuries and death is obtained through the driver’s auto insurance company. If the driver is uninsured or underinsured, you may need to explore other options, such as your own underinsured motorist (UIM) policy.
Damages: Assess the full scope of your damages, including medical expenses, lost wages, pain and suffering, and future care costs. An experienced attorney can help you accurately calculate these damages.
Statute of Limitations: Be aware of the statute of limitations in your state. This is the time limit within which you must file a lawsuit. Missing the deadline could mean losing your right to recover damages. In California, you generally have two years from the date of the accident to file a lawsuit.

Proving Negligence in a Pedestrian Accident Case

Proving negligence is essential to winning your case. Here are some key steps and types of evidence that can help:

Gather Evidence: Collect as much evidence as possible, including photos of the accident scene, vehicle damage, and your injuries. Obtain the police report, witness statements, and medical records.
Demonstrate Duty of Care: Show that the driver had a legal responsibility to operate their vehicle safely and obey traffic laws.
Prove Breach of Duty: Provide evidence that the driver failed to meet that responsibility, such as by speeding, texting, or ignoring traffic signals.
Establish Causation: Demonstrate a direct link between the driver’s actions and your injuries.
Document Damages: Keep detailed records of all medical expenses, lost wages, and other financial losses.

The Role of a Pedestrian Accident Lawyer

A pedestrian accident lawyer plays a crucial role in advocating for victims and ensuring they receive fair compensation. Here are some key ways a lawyer can help:

Legal Guidance: An attorney can help you understand your rights, explain your legal options, and guide you through the complex legal process.
Investigation: Lawyers can conduct a thorough investigation of the accident, gathering evidence and identifying all liable parties.
Negotiation: Attorneys can negotiate with insurance companies on your behalf to secure a fair settlement.
Litigation: If a fair settlement cannot be reached, a lawyer can represent you in court and fight for your rights.
Accurate Claim Valuation: An experienced attorney can accurately assess the full scope of your damages, including future medical expenses and lost earning potential.

Choosing the Right Pedestrian Accident Lawyer

Selecting the right attorney is crucial for the success of your case. Consider the following when choosing a pedestrian accident lawyer:

Experience: Look for a lawyer with specific experience in handling pedestrian accident cases.
Track Record: Inquire about the lawyer’s past case results and settlements.
Client Reviews: Check online reviews and testimonials to see what other clients have to say about the lawyer’s services.
Communication: Choose a lawyer who is responsive, communicative, and keeps you informed about the progress of your case.
Trust: Select a lawyer you trust and feel comfortable working with.

What if You Were Partially at Fault?

Even if you were partially at fault for the accident, you may still be able to recover compensation. Many states, including California, follow a “comparative negligence” rule. This means that your compensation will be reduced by your percentage of fault. For example, if you were found to be 20% at fault for the accident, your recovery amount would be reduced by 20%.

When to Consult a Lawyer

It’s best to consult with a pedestrian accident lawyer as soon as possible after the accident. An attorney can advise you on your rights, investigate the accident, and protect your interests. They can also help you avoid common mistakes that could harm your case.

Conclusion

Pursuing a pedestrian accident injury lawsuit can be a complex and challenging process. However, with the right legal guidance and a strong case, you can seek the compensation you deserve for your injuries and losses. By carefully considering the factors outlined in this blog post and consulting with an experienced attorney, you can make an informed decision about whether pursuing a lawsuit is the right course of action for you.