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Should I Hire a Lawyer if I’m a Victim of a Pedestrian Accident?
If you are a pedestrian accident victim, it’s not unusual to question the need for a lawyer. There are many factors to consider when making this decision, including the cause of the accident, the injuries sustained, and whether negligence can be proven. Overall, how you approach this decision will likely depend on the severity of your case, and how complex the legal process may be. It’s important to note that pedestrian accidents can be caused by several different factors. In some cases, the driver may be at fault, while in others, the pedestrian may be partially to blame. Regardless of who is at fault, though, it’s always advisable to err on the side of caution and seek legal representation if you can.
Common Pedestrian Accident Causes
There are many ways such accidents can occur, including distracted driving, reckless driving, poor road conditions, and weather hazards. In some cases, negligence on the part of the pedestrian may also be to blame, such as jaywalking or walking while under the influence. However, even in these cases, the driver may still be held partially or fully responsible. Pedestrian accidents often result in serious injuries, due to the fact that pedestrians have no protection from the impact of a vehicle. These injuries can include fractures, traumatic brain injuries, spinal cord damage, and internal bleeding. Most of the time, the severity of these injuries will require extensive medical treatment, including surgeries, hospital stays, and physical therapy. It’s not unusual that the injuries become so severe that the victim is left with permanent damage or disfigurement.
Proving Negligence and Determining Liability
In order to prove negligence, it must be shown that the driver owed the pedestrian a duty of care, that this duty was breached, and that the breach resulted in injuries or damages. Most states have the ‘vulnerable user law’, which means that drivers owe a heightened duty of care to pedestrians, cyclists, and other ‘vulnerable users’ of the road. This means that even if the pedestrian was partially at fault for the accident, the driver may still be held liable. Since most states operate on comparative negligence laws, the victim’s degree of fault will be taken into consideration when determining damages. Still, determining liability can be complicated, especially if there are multiple parties involved. That’s why hiring a pedestrian accident lawyer is highly recommended, since he or she will establish who is at fault and help you receive the compensation you’re entitled to. They will carry out a thorough investigation, gather evidence, interview witnesses, and work with experts to build a strong case. And since they’re also experienced in negotiating with insurance companies, they’ll be able to get you the best possible settlement.
Generally, you can expect to be compensated for your medical expenses, lost income, property damage, and any other damages. If the driver is found to be grossly negligent, you may also be awarded punitive damages, which are designed to punish the driver and deter future bad behavior.
Conclusion
You will want to ensure that you are taking the best possible course of action for your unique situation when deciding whether to hire a lawyer after being involved in a pedestrian accident. Keep in mind that these accident cases are usually complex, and insurance companies will often try to avoid paying out a fair settlement. Having an experienced lawyer on your side ensures that you’re protected and that you receive the best compensation.
