What Are the Common Causes of Pedestrian Accidents?

What Are the Common Causes of Pedestrian Accidents?

When a vehicle strikes a pedestrian, devastating and often fatal injuries can result. Reports indicate that hundreds of thousands of people suffer injuries while walking each year in the U.S. Car drivers cause most pedestrian accidents and are typically liable for the injured parties’ losses.

Speak to a pedestrian accident lawyer in Petoskey if a vehicle recently injured you. An attorney may help you receive compensation for your medical bills, pain and suffering, and lost income.

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Drivers Have a Duty of Care

Most pedestrian accidents and injuries happen because of driver negligence. Pedestrians are vulnerable to severe injury and death, so traffic laws favor them.

If a car driver injures you in a pedestrian crash, your personal injury lawyer will attempt to prove they violated their duty of care: 

• The driver had a duty of care to you to watch for pedestrians and drive safely. 
• The driver violated their duty of care when, for example, they turned left into you while you were crossing the street legally. 
• You suffered injuries because of the breach, such as a broken leg. 
• You have damages from the accident, such as medical bills and lost earnings. 

What Causes Pedestrian Accidents? 

As a pedestrian, you can walk safely when around traffic. You’re obeying the law and only crossing the street when you have the right of way, so drivers should follow the rules, right?

Unfortunately, vehicle drivers may not always obey the rules, and their negligence may cause severe injuries. Common causes of pedestrian accidents by vehicle drivers include:

Left Turns

You have the right of way in the crosswalk at a busy intersection, so you begin crossing the street. Without warning, a vehicle turning left slams into the right side of your body and breaks your leg.

This situation happens every day across the country. Many pedestrians suffer an injury in crosswalks when a driver illegally makes a left turn into them. These crashes usually happen because the driver focuses on other vehicles and not whether it’s clear for them to make the turn safely.

Unmarked Crosswalks

Many newer pedestrian crosswalks have zebra markings, making them highly visible and conspicuous. These zebra crossings may save hundreds of pedestrian lives annually because drivers will likely slow down when they see them.

Unfortunately, the driver may not see many older, unmarked pedestrian crossings or those with faded paint, making an accident more likely. However, assuming the pedestrian has the right of way, you can still hold the driver liable for any injuries and damages.

Driver Distraction 

Distracted drivers are always dangerous and cause many serious crashes. A devastating accident can happen if a distracted driver hits a pedestrian in a crosswalk.

Cell phones, the radio or GPS, eating and drinking, or conversations should never distract drivers. Your pedestrian accident lawyer may subpoena cell phone records to determine if the driver texted during the accident.

Drunk Driving

Drunk or drugged driving impairs the person’s judgment and coordination. They also may fall asleep behind the wheel. If you think the driver who struck you was drunk, tell the responding police officer.

Bad Weather

Visibility is reduced when rain, fog, ice, or snow, and pedestrians may be harder to see in crosswalks. However, drivers must exercise care and slow down according to the conditions. You can hold them responsible for a pedestrian accident, even if they claim they couldn’t see because of the weather.

Speeding And Reckless Driving

A driver speeding or running a red light is always dangerous but can be deadly to a pedestrian. Your pedestrian accident attorney will review the police report and any surveillance video to learn if the driver engaged in reckless behavior when the accident happened.

Multi-Lane Roads

Multi-lane arterial roads may lead to more pedestrian accidents because drivers are distracted by multiple lanes of traffic. While they fight to change lanes, deal with a tailgating driver, and move among other cars, the driver may need to watch for pedestrians.

A common accident scenario occurs when a pedestrian crosses several lanes of traffic on a large, busy city road. Heavy traffic may distract drivers turning left, but they still need to watch for pedestrians.

Not Slowing Down In School Zones

Every school zone in the U.S. has lower speed limits during school hours, usually 20 or 25 miles per hour. Drivers may speed through school zones, potentially causing severe pedestrian accidents.

What Compensation Is Available For Pedestrian Accidents? 

Your pedestrian accident attorney will work tirelessly to prove that another party violated their duty of care and injured you.

If successful, you can receive the following compensation in a settlement or jury award:

• Medical expenses, including past, current, and future medical needs. A serious pedestrian accident injury may require months of medical care. Your attorney will carefully determine your future medical expenses by discussing your injury and prognosis with your medical team. 
• Lost income in the past and future. Being injured and getting treatment may mean you miss weeks or months of work. Your attorney will add up your lost income to ensure you are paid for missed work time. You also can receive compensation for lost ability to earn a living if you have a severe and disabling injury. 
• Pain and suffering, both mental and physical. Many pedestrian injuries, such as broken bones, road rash, and spine injuries, are painful, and so are the treatments. Your attorney will fight for fair compensation for your mental and physical suffering. 

If you lost a loved one in a pedestrian accident, you may need to file a wrongful death lawsuit for compensation. A pedestrian accident lawyer can assist with your wrongful death claim.

If successful, a wrongful death claim can lead to: 

• Pain and suffering for the deceased during death
• Your mental and emotional anguish
• Medical bills before the person died
• Burial and funeral expenses
• Lost income
• Lost inheritance

How much can you receive for your pedestrian settlement? It depends on many factors. Every pedestrian accident and injury differs.

Common factors that influence the size of a settlement include:

• Severity of injuries: If you have a catastrophic injury, such as a spinal cord injury, the case value rises astronomically. 
• Medical treatments: An injured pedestrian who heals after 30 days will have a lower case value than someone who needs a year of medical care. Medical care is expensive. Hospitalization, surgery, doctor’s appointments, and rehabilitation may cost hundreds of thousands or more for a severe injury. 
• Amount of insurance: You may have $250,000 in damages, but if the driver’s insurance only covers $50,000, your pedestrian accident attorney will tell you if filing a personal injury lawsuit against the driver can lead to additional compensation. It depends on whether the driver has significant assets you could obtain through a court judgment. 
• Pain and suffering: If you are in blinding pain for months because of a pedestrian accident injury, you should recover significant compensation for it. Your attorney will obtain statements and medical reports from your medical team to document and prove your degree of pain and suffering. 
• Caps on damages: Some states have damages caps, especially for pain and suffering. Talk to your attorney about whether your state caps damages for personal injury claims. 
• Fault: If liability for the pedestrian accident is clear, the settlement may be larger and faster. Insurance companies understand that juries tend to look sympathetically at pedestrian accident victims and can award them a lot of money, which makes the insurance company more likely to offer more money. 
• Settlement or trial: A settlement is common with personal injury claims. A personal injury settlement provides a guaranteed sum the injury party receives for their injuries and losses. 
• Risk tolerance and need for money: If you are short of cash, you may want to settle, even for less compensation than the full case value. However, if you can wait, going to a trial might allow you to obtain more. Your decision concerns risk tolerance. A jury can rule for the defendant. A pedestrian accident attorney will provide their professional recommendation on this critical matter. 

Tips To Maximize A Pedestrian Accident Settlement

To increase what you receive for your losses: 

• Seek immediate medical care: A pedestrian accident can leave you wracked with severe injuries. However, you may not feel pain for the first few hours or even the first day. Don’t be fooled! Your body may take time to register the pain from serious accident injuries. You can have fractures, whiplash, back injuries, internal bleeding, or a head injury from the accident and not know it at first. Get prompt medical care to ensure your health is protected. You also should get fast care to ensure the insurance company doesn’t dispute your claim. 
• Get photos and video of the crash scene. You should also obtain visual evidence of the accident scene or ask someone to do so. Photos and videos of the damaged vehicles and positions can help build your case. The police will move the damaged vehicles quickly so traffic can move again. So, your photos and videos can be vital evidence. 
• Ask witnesses for their contact information: There are usually eyewitnesses to pedestrian accidents. Get their contact information because your attorney may have difficulty locating them later. 
• Speak to a pedestrian accident attorney immediately: You probably have severe injuries and shouldn’t attempt to settle your case with the driver’s insurance company. Speaking to their insurance company without an attorney may result in less compensation. A pedestrian accident attorney will almost always get you more money. 

Contact A Pedestrian Accident Attorney Today 

You may have severe, life-changing injuries aft2er being hit by a car. Don’t pay for your medical bills out of pocket. A pedestrian accident attorney can file a claim or lawsuit against the liable driver and obtain compensation for your losses.

Speak to a personal injury attorney today in a free legal consultation. You will not pay legal fees unless your attorney wins your case. A contingency agreement compensates your attorney, so you don’t pay out of pocket.