The type of accidents that usually come under our consideration are the ones that occur when two vehicles collide. But did you know there is an alarming rise in the number of pedestrian accidents? This is one of the neglected groups that often needs to be recognized.
Every year, a huge number of pedestrians get injured while walking at a busy intersection or just walking on the sidewalks, and they expose themselves to the harm that can impact them in the coming days.
Now, when an accident occurs, the first thing that must be done is to connect with the legal authorities so that some further steps can be taken.
A car accident lawyer can help you do that very easily and can get you through the process without much hassle.
Fault in Pedestrian Accidents
When it comes to pedestrian accidents, there is often no gray, just black and white. The legal principle used here is comparative negligence. It is a popular one and is used by a number of a lot of jurisdictions. According to it, not one party is at fault; all the parties involved are at fault.
Common Causes of Pedestrian Accidents
There can be several reasons that cause pedestrian accidents. Here are some of them defined for you.
- With the increase in the use of phones while driving as they work as the controller for multimedia systems in cars, the chances of getting into accidents do increase. A lot of times, it is observed that the drivers drive on the side of the road to respond to messages or to call orlando dui lawyer, and this is when they hit pedestrians.
- DUI (Driving Under the Influence) is also one of the reasons that causes pedestrian accidents. When a person is on drugs they might fail to make proper judgment, lose control over their reaction time, and have lousy motor skills on the road.
- Road crossing outside the crosswalks can cause the divers to lose control and get into accidents. The fault here is usually on the pedestrian for choosing the way of walking, but the responsibility is also on the drivers to be careful.
- The condition of the road on which the driving is being done also matters a lot. If the road does not have the correct markings for the pedestrians to walk on, there is for sure a chance that an accident will occur. Now, in this case, it gets really confusing as you don’t know if what went wrong was a pedestrian’s fault or a drivers’.
- Rain, snow, and fog are some of the weather conditions that can impact the driving of the drivers. The visibility is affected by these changes in the weather. The drivers and the pedestrians get to feel the difficulty equally here.
So, the establishment of fault in cases of pedestrian accidents is a little tricky, but it does leave a good impact on the cases.
A personal injury lawyer does help here with his expertise when the case is to be taken to court.
Rights of the Injured Pedestrians
When it is the pedestrian that has been injured in an accident, it is usually due to the fault of another party. So, here, they have all the right to ask for compensation for the damages that they have gone through.
If the injury results in the pedestrian losing their ability to go to their job, then they can ask for their lost wages. The injuries do impact the ability of people to work in the long run. And if the pedestrian goes through an injury that makes them disabled temporarily or permanently, the lost earnings from the future can also be claimed.
Medical bills include the immediate costs that are spent on getting the medical treatment. These also are other costs that occur and can impact the compensation amount that a victim has all the right to ask for.
The victims can also make claims for the costs that go into the intangible side of things. These include the pain, suffering, and the non-economic damages that occur. So, the compensation is done in the form of management of emotional stress, physical pain, and anger after the injury.
Now, compensation towards the non-economic side of things can be a little tricky. Deciding on its value can be really difficult and challenging at the same time.
Injury in the case of pedestrians should be taken seriously, as they have all the flights to claim for the damages that they bear. It must be made sure that they get the compensation that they deserve. It is understood that no amount of money can bring back the pain and the lost wages cost, but the legal claims do make a difference they should.