Pedestrian Accidents
With so many cars on the road, walking has become a dangerous prospect. Many victims of pedestrian accidents don’t follow up because they assume that they are at fault. Drivers of automobiles do not have the right to simply run pedestrians over. Even if someone is crossing against the crosswalk, drivers can be found negligent if it can be determined that there was at least a chance of slowing down and avoiding the accident. If you’ve been injured by a vehicle while walking, don’t make any assumptions until you’ve contacted an attorney.
The following are some quick Questions and Answers pertinent to Pedestrian Accidents which will help you in clarifying your concerns.
Q: I've been hurt in a pedestrian accident and I want to file a claim for my injuries. What's the first thing I should do?
A: There are a number of things you can do in the first few days and weeks after an accident to protect your right to compensation, such as:
- write down as much as you can about the accident itself, your injuries and any other losses (such as wages) you've suffered as a result of the accident
- make notes of conversations that you have with people involved in the accident or the injury claim
- preserve evidence of who caused the accident and what damage was done by collecting items and taking photographs
- locate people who witnessed the accident and who might be able to help prove your case
- notify anyone you think might be responsible for the accident and tell them about your intention to file a claim for your injuries, especially if a government agency or employee may be involved and
- contact a personal injury attorney to evaluate and pursue your claim.
A: You may bear some responsibility for the accident, which may reduce your eventual recovery. For example, if you were 50% at fault, your recovery may be reduced by 50%.
Q: As a pedestrian, what duty is placed upon me to avoid accidents?
A: Every pedestrian has the duty to obey traffic laws and to reasonably observe traffic conditions. Generally speaking, pedestrians should not begin or continue their forward course across a street if they are aware of the approach of a vehicle.
Q: How soon after I am injured do I have to file a lawsuit?
A: Every state has certain time limits called "statutes of limitations," which govern the amount of time you have to file a personal injury lawsuit. In some states, you may have as little as one year to file a lawsuit arising out of an automobile accident. If you miss the deadline for filing your case, your claims can be dismissed. Consequently, it is important to talk with a lawyer as soon as you receive or discover an injury.
Q: What damages are recoverable in pedestrian accident cases?
A: The injured party may recover damages for past and future medical expenses, past and future wage loss, past and future pain and suffering. If the defendant's conduct is extreme, punitive damages may be awarded. If the pedestrian dies, his or her survivors are entitled to recover full compensation for their economic losses that result from the pedestrian's death, as well as damages which stem from the loss of society care and comfort of the decedent.
At the Law Offices of Vincent J. Ciecka, P.C. we highly specialize and been very successful in obtaining high recoveries in pedestrian injury related cases. If you have a situation where you or someone you know might be a victim of this type of injury due to the negligence of someone else, please contact us as soon as possible to discuss your specifics and help you determine if indeed you have a case so you can obtain due compensation for such injuries.
