Being struck by a car while crossing the street is a traumatic experience that can lead to serious injuries, financial burdens, and emotional distress. If you find yourself in this unfortunate situation, understanding your rights and the steps to take to secure compensation is crucial. This article will explore different scenarios of pedestrian accidents, discuss the rights and wrongs in these cases, and provide real-life examples to highlight the importance of seeking legal assistance.
Common Scenarios of Pedestrian Accidents
1. Jaywalking Accidents: Pedestrians crossing the street outside of designated crosswalks are at a higher risk of being hit by a vehicle. While jaywalking is illegal and can impact a pedestrian’s claim, drivers still have a duty to exercise reasonable care and avoid collisions if possible.
2. Crosswalk Collisions: Accidents can occur even when pedestrians are in marked crosswalks. Drivers failing to yield the right of way or speeding can cause serious injuries to pedestrians who are legally crossing the street.
3. Distracted Driving Incidents: Drivers distracted by their phones, GPS devices, or other activities may not notice pedestrians crossing the street, leading to devastating accidents. In such cases, the driver’s negligence is often clear.
4. Turning Vehicle Crashes: Pedestrians crossing at intersections are vulnerable to being hit by vehicles making turns, especially if the driver fails to check for pedestrians before proceeding.
5. Drunk Driving Accidents: Drivers under the influence of alcohol or drugs pose a significant threat to pedestrians. Impaired drivers often have reduced reaction times and poor judgment, leading to severe accidents.
Understanding Your Rights
As a pedestrian, you have the right to:
- Safe Crossing: Cross streets safely at designated crosswalks and intersections.
- Legal Protection: Seek compensation if you are injured due to a driver’s negligence.
- Medical Care: Receive immediate and ongoing medical treatment for your injuries.
- Fair Compensation: Pursue damages for medical bills, lost wages, pain and suffering, and other related costs.
Rights and Wrongs in Pedestrian Accidents
Rights:
- Pedestrians have the right to assume that drivers will obey traffic laws and yield when necessary.
- Pedestrians are entitled to compensation if injured due to a driver’s negligence.
- Even if a pedestrian is partially at fault (e.g., jaywalking), they may still recover damages under comparative negligence laws.
Wrongs:
- Pedestrians should not assume all drivers will stop for them; exercising caution is always necessary.
- Jaywalking or crossing against traffic signals can weaken a pedestrian’s claim but does not absolve the driver of all responsibility.
- Failing to seek medical attention immediately after an accident can negatively impact a compensation claim.
Real-Life Case Example
In a notable case from New York, a pedestrian was hit by a car while legally crossing the street in a marked crosswalk. The driver was distracted by their phone and did not see the pedestrian. The accident resulted in severe injuries, including broken bones and head trauma. The pedestrian hired an experienced attorney who gathered evidence, including traffic camera footage and witness statements, to prove the driver’s negligence.
The driver’s insurance company initially offered a low settlement, but the attorney negotiated aggressively, ultimately securing a $750,000 settlement for the victim. This case highlights the importance of legal representation in obtaining fair compensation.
Securing Compensation
Compensation in pedestrian accident cases can cover various damages, including:
- Medical Expenses: Costs for emergency care, surgeries, rehabilitation, and ongoing treatment.
- Lost Wages: Compensation for time off work due to injuries and any future earning capacity loss.
- Pain and Suffering: Damages for physical pain, emotional distress, and diminished quality of life.
- Punitive Damages: In cases of egregious negligence, such as drunk driving, punitive damages may be awarded to punish the driver and deter similar behavior.
Path to Solid Compensation
A case from California involved a pedestrian who was hit by a car while walking in a crosswalk. The driver was speeding and failed to yield. The pedestrian suffered multiple fractures and required extensive medical treatment. With the help of a skilled attorney, the pedestrian sued the driver and the case went to trial. The jury awarded the victim $1.2 million in compensation, covering medical expenses, lost wages, and pain and suffering.
Being hit by a car while crossing the street can lead to significant physical, emotional, and financial challenges. Understanding your rights and taking immediate steps to secure legal representation is essential. An experienced attorney can help you navigate the complexities of the legal system, gather necessary evidence, and fight for the compensation you deserve.
Real-life cases demonstrate the critical role of skilled lawyers in achieving favorable outcomes for injured pedestrians. If you or a loved one has been involved in a pedestrian accident, don’t hesitate to seek professional legal help to ensure your rights are protected and justice is served.