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Pedestrian accidents can lead to severe injuries, and pedestrians are often at a disadvantage when it comes to receiving fair compensation. Fortunately, the law provides protections to ensure pedestrians have the right to pursue claims against negligent drivers.
Pedestrian Rights in Traffic
Pedestrians have the right to safe passage on roadways, crosswalks, and sidewalks. Drivers are required to yield to pedestrians in crosswalks, and failure to do so can result in liability if a pedestrian is injured. However, pedestrians must also follow traffic signals and avoid crossing in dangerous situations.
Common Causes of Pedestrian Accidents
Many pedestrian accidents are caused by driver negligence, such as:
However, pedestrians can also contribute to accidents by jaywalking, walking while distracted, or crossing streets unsafely. In cases where both parties are partially at fault, the law may still allow pedestrians to recover damages, although the compensation may be reduced.
What to Do After a Pedestrian Accident
If you’re involved in a pedestrian accident, seek medical attention immediately. Even if your injuries seem minor, it’s important to have documentation for any future legal claims. If possible, gather evidence at the scene, including photos of the car, your injuries, and any skid marks or traffic signals.
Be sure to get the driver’s contact information, as well as any witness statements. If a police report is filed, obtain a copy for your records.
Filing a Claim Against the Driver
Pedestrians who are injured by a negligent driver may be entitled to compensation for medical expenses, lost wages, pain and suffering, and more. However, it can be challenging to prove negligence. A personal injury lawyer can help by gathering evidence, negotiating with the driver’s insurance company, and representing you in court if needed.
Comparative Negligence in Pedestrian Accidents
Some states follow a rule of comparative negligence, which means that if both the pedestrian and the driver are found to be at fault, the pedestrian’s compensation may be reduced by their percentage of fault. For example, if the pedestrian was 20% at fault, their compensation could be reduced by 20%.
The Importance of Legal Representation
Pedestrian accidents often involve serious injuries, making it crucial to have a lawyer who can protect your rights. They will handle negotiations with insurance companies, calculate the full value of your damages, and ensure you receive fair compensation.
Pedestrian accidents can be life-altering, but the law is on your side. If you or a loved one has been injured in a pedestrian accident, contact a personal injury attorney to explore your legal options and get the compensation you deserve.
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