What Causes Pedestrian Accidents?Pedestrian accidents occur for a variety of reasons. One of the major contributing factors to crashes is the time of day – there are drastically fewer accidents that happen in daylight than at night time, with 75% of pedestrian accidents occurring after dark. This is no surprise; pedestrians are often much more difficult to see than other vehicles, and when compounded with greatly reduced visibility, accidents are more likely to happen. Some areas do not have ample street lights to illuminate anyone walking below, and if they attempt to cross the street, they may not be seen until it’s too late, as many cars’ headlights do not shine extremely far ahead. Further, pedestrian accidents most often happen away from crosswalks. Drivers are usually more alert when they see crosswalks and can reasonably expect pedestrians; if a pedestrian is midblock and not near a crosswalk, though, the driver likely won’t notice him. Over 70% of pedestrian accidents happen under these circumstances, whether in the middle of the street, on highways, and on unmarked sections of the road. This can be for any number of reasons pedestrians may not want to wait to go to a crosswalk, for one, and cars may drive too close to parked vehicles or the sidewalk. One of the causes of pedestrian accidents is also one of the major leading causes for car accidents in general: alcohol. Drunk pedestrians may stumble into the street when cars are passing or they may not yield at all to approaching vehicles, such as near parking lots. Drivers, on the other hand, can easily swerve, run off the road, fall asleep at the wheel, be unable to stop in time, and have poor perception, all of which can contribute to deadly accidents. Other reasons for pedestrian accidents include:
- Poor weather with low visibility, such as rain, fog, snow, or haze
- Careless driving, such as running red lights, ignoring stop signs, not yielding, ignoring right of way laws, using cell phone while driving, and more
- Jaywalking by pedestrians
- Vehicle defects, like broken headlights or faulty brakes, that make driving dangerous
- Driver fatigue and falling asleep behind the wheel
- Turning into intersections on red lights, usually not noticing anyone approaching or going through the crosswalks
Learn more about your options for compensation by calling (213) 389-3765.You should reach out to a pedestrian accident lawyer in Inglewood if you were hurt in such an incident.
What Are Some Injuries From Pedestrian Accidents?Pedestrian accidents often result in serious injuries because of the lack of protection of the victims. There is no way for a pedestrian to have any impact reduced if struck by a car; they may roll onto the hood, be flung from the hit, or get dragged underneath. Individuals inside the cars are saved by airbags and seatbelts, but victims are not. A relatively slow-moving car at 15 mph can cause extensive damages. Some of the injuries that can happen include:
- Traumatic brain injuries
- Closed head injuries
- Neck and spinal cord injuries
- Herniated discs
- Back problems
- Dislocated shoulder
- Broken collarbone
- Internal organ damages
- Crushing injuries
- Blunt force trauma
- Severed limbs or digits
- Broken arms and legs
- Sprains and fractures
- Torn muscles
- Permanent nerve damage
- Scarring and disfigurement
- Paraplegia and quadriplegia
Can A Pedestrian Sue If Hit By A Car?Yes, a pedestrian can sue if hit by a car, especially if the driver were grossly negligent. You can take legal action if a driver carelessly hit you while he was on the road, but in order to do so, you will need to have ample evidence and the ability to prove that the driver was at fault.
Do Pedestrians Always Have Right Of Way?In general, cars must yield to pedestrians, but they do not always have the immediate right of way. For example, pedestrians who cross midblock must allow cars to pass and not merely step into the road to cross. Once there is a break in traffic, then the pedestrian can safely cross and possesses the right of way.
Do Pedestrians Have The Right Of Way When Jaywalking?Similar to the above, pedestrians do not automatically have the right of way when jaywalking, but once they have begun to walk, cars must allow the individuals to cross.
How Can I Sue After Getting Hit By A Car?In order to sue a driver for hitting you, you will need to prove that he was negligent. There are four points that must be established; if even one is deemed false, your claim will not uphold. The four points are:
- You were owed a duty of care (all drivers owe everyone else a duty of care to not bring them any harm or risk putting them in danger)
- The duty of care was breached (via careless driving, an illegal action, or an error in judgment)
- The breach led to an accident
- The accident resulted in physical injuries
How Much Money Can You Get From A Pedestrian Accident Settlement?Pedestrian accident settlements vary from case to case. There is no way to say what you will definitely earn – an insurance agent will weigh your injuries and determine how impactful and damaging they were, and he will make an offer. If you required extensive medical treatment and could not return to work for some time, you would have a larger settlement than someone who was not badly wounded and could return to work in a day. personal injury lawsuits can receive various types of compensation that will alter the value of their cases. We will work to bring you the following types of damages:
- Medical expenses from the past and future, including physical therapy, surgery, hospitalization, medication, and more
- Missed income from the past and future
- Property damage
- Pain and suffering
- Punitive damages, which are awarded to punish a defendant for gross negligence or an intent to cause harm (they are difficult to win, though, and only a qualified lawyer with experience in pedestrian accident cases will be able to secure them for you)
- Wrongful death damages, such as funeral costs, loss of consortium, loss of expected saving, pre-death medical bills and pain and suffering, and more
How Long After A Pedestrian Accident Can I Sue?You have two years from the date of the injury to sue the driver for compensation. If you try to file a claim after the two years have passed, your case will be thrown out. The reason for the statute of limitations is simple: speedy investigations should be carried out, and the longer a claim takes to get filed, the more likely it is that key evidence will get lost, corrupted, or forgotten.
Learn more about your legal options by chatting with a representative now.A lawyer can help you figure out if you are eligible for any exceptions to the statute of limitations. You may have been underage when the accident occurred or you may have been left incapacitated, so your statute would be temporarily put on hold until you reach the acceptable status.