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Originally Posted On: https://georgiaautolaw.com/pedestrian-hit-by-car-in-crosswalk-settlement-understanding-legal-rights-and-options/
Pedestrian accidents can cause serious injuries and fatalities, especially when they involve vehicles. One common scenario is when a pedestrian is hit by a car while crossing a crosswalk. In such cases, the pedestrian may be entitled to compensation from the driver and/or their insurance company. However, navigating the legal process of a a pedestrian hit by car or pedestrian accident attorney making a claim seek compensation or filing a lawsuit can be complex and overwhelming. This article aims to provide a comprehensive guide for pedestrians who have been hit by cars in crosswalks, including their legal rights and options for settlement.
Introduction
Pedestrian and car accidents in crosswalks are a prevalent issue in the United States. According to police report made to the National Highway Traffic Safety Administration (NHTSA), there were 6,283 pedestrian fatalities in 2018, with pedestrian hit accounting for 17% of all traffic deaths. Moreover, pedestrian deaths have been on the rise in recent years, with a 53% increase from 2009 to 2018. These statistics highlight the importance of understanding the legal rights and options available to pedestrians who have been hit by cars in crosswalks.
Determining Liability in Crosswalk Accidents
One of the crucial aspects of making a claim or filing a lawsuit for a crosswalk or pedestrian in traffic or pedestrian accident case, is determining liability. Liability refers to the legal responsibility of the parties involved in the a pedestrian pedestrian car accident together. In most cases, the driver of the vehicle is liable for the accident, as they have a duty to exercise reasonable care and caution while driving. However, liability can also be shared or shifted to other parties, such as the pedestrian, if they were negligent or violated traffic laws.
Driver Liability
To establish driver liability in a crosswalk pedestrian accident case, the following elements must be proven:
- The driver had a duty to exercise reasonable care and caution while driving;
- The driver breached that duty by acting negligently, recklessly, or intentionally;
- The driver’s breach of duty was the proximate cause of the pedestrian’s injuries; and
- The pedestrian suffered actual damages as a result of the accident.
Some common examples of driver negligence in crosswalk accidents include:
- Distracted driving, such as texting or using a phone while driving;
- Speeding or failing to yield to pedestrians in crosswalks;
- Driving under the influence of drugs or alcohol;
- Failing to obey traffic signals or signs; and
- Failing to use headlights or other safety features.
Pedestrian Liability
Although drivers are usually held liable for crosswalk accidents, pedestrians can also contribute to the amount pedestrian accident victims through their actions or inactions. Some examples of pedestrian negligence that can shift or share liability for traffic and pedestrian accidents can include:
- Crossing against the traffic signal or outside of a crosswalk;
- Failing to look both ways before crossing the street;
- Being under the influence of drugs or alcohol;
- Walking while distracted, such as using a phone or listening to music; and
- Wearing dark clothing or not using reflective gear in low-light conditions.
Steps to Take After a Crosswalk Accident
If you have been hit by a car in a crosswalk, there are several critical steps that you should take to protect your legal rights and health. These steps include:
Seek Medical Attention
Your health and safety are the top priority after a crosswalk accident. Even if you feel fine, you should seek medical attention to rule out any internal injuries or latent conditions. Some minor injuries though, such spinal cord injuries such neck injuries such as concussions or internal bleeding, may not show symptoms or medical treatment immediately but can be life-threatening if severe injuries are left untreated.
Report the Accident to Law Enforcement
You should report the accident to the police or other law enforcement agencies as soon as possible. The police will create a report of the accident, which can be used as police report or as evidence in your claim or lawsuit. Moreover, the responding police officers can help you gather information about the driver, including their contact information, license plate number, and insurance details.
Gather Evidence
You should also gather as much evidence as possible at the scene of the accident. This includes taking photos or videos of the accident scene, the damages to your property or clothing, and any injuries you have sustained. You should also collect the contact information of any witnesses who saw the accident and can testify on your behalf.
Contact Your Insurance Company
Even if the driver is at fault, you should still contact your insurance company to report the accident. Your insurance company can help you navigate the claims process and provide you with information about your own insurance coverage, and benefits.
Consult with an Attorney
Navigating the legal process of making a serious injury claim, for liability insurance or filing a lawsuit for a crosswalk accident can be overwhelming, especially if you have sustained more serious injuries before. Therefore, it is advisable to consult with an experienced personal injury attorney who can help you understand your legal rights and options. An attorney in personal injury cases can also negotiate with the driver’s or health insurance provider or company on your behalf and represent you in court if necessary.
Legal Options for Crosswalk Accident Settlements
There are several legal and medical treatment options available to pedestrians who have been hit by cars in crosswalks, depending on the severity of their injuries and the circumstances of the accident.
Insurance Claims
One option is to make a claim against the driver’s car insurance policy or company. In most cases, the driver’s liability auto insurance or policy will cover the damages, medical bills, lost wages, and injuries caused by the accident, up to their policy limits. To make a claim, you will need to provide evidence of the driver’s negligence and your damages, such as medical bills, lost wages, and property damage.
Personal Injury Lawsuits
If the driver’s insurance company refuses to settle or offers an inadequate settlement, you may file a personal injury lawsuit against the insurance adjuster or the driver or her injuries. A personal injury lawsuit can help you recover additional damages, such as pain and suffering, emotional distress, and punitive damages. However, it is important to note that personal injury lawsuits can be time-consuming, expensive, and risky.
Comparative Negligence
In some cases of auto accidents and pedestrian accidents however, both the driver and the pedestrian may share or shift liability for the accident. This is known as comparative negligence, and it means that each party’s compensation will be reduced by their percentage of fault for pedestrian accident. For a pedestrian and car accident lawyer example, if the pedestrian was 20% at fault for the accident, they will receive only 80% of the total compensation.
Settlement Negotiations
Finally, it is possible to negotiate a settlement with the drunk driver’s insurance company or attorney outside of court. Settlement negotiations can be less time-consuming and costly than a lawsuit, but they also require careful consideration of your legal rights and options.
Conclusion
Being a pedestrian hit down by a car in a crosswalk can be a traumatic and life-changing experience, both physically and emotionally. However, understanding your legal rights and options for settlement can help you recover the compensation you deserve and move forward. If you have been involved in pedestrian and car accidents or on pedestrian and car accident settlements in cases a crosswalk accident, it is essential to seek medical attention, gather evidence, and consult with an experienced personal injury attorney. With the right support and guidance from personal injury lawyer, you can navigate the legal process and obtain the justice and compensation you deserve.
FAQs
What is a crosswalk accident?
A crosswalk accident is when a pedestrian is hit by a vehicle while crossing a marked crosswalk.
Who is liable for a crosswalk accident?
In most cases, the driver of the vehicle is liable for a crosswalk accident, as they have a duty to exercise reasonable care and caution while driving. However, liability most pedestrian accidents can also be shared or shifted at fault driver to the pedestrian or other parties, depending on the circumstances of the pedestrian accident itself.
What damages can I recover in a crosswalk accident settlement?
You can recover damages for your medical expenses, lost wages, property damage, pain and suffering, emotional distress, and punitive damages, depending on the severity of your injuries and the circumstances of the accident.
Should I hire an attorney for a crosswalk accident settlement?
It is advisable to consult with an experienced personal injury attorney who can help you understand your legal rights and options, negotiate with the driver’s insurance company on your behalf, and represent you in court if necessary.
How long do I have to file a crosswalk accident claim or lawsuit?
The statute of limitations for filing a crosswalk or pedestrian accident claim, or lawsuit varies by state, but it is usually between one to three years from the date of the last pedestrian accident settlement. It is important to consult with an attorney as soon as possible to avoid missing the deadline.
Can I still make a claim if I was partially at fault for the accident?
Yes, you may still be able to recover compensation even if you were partially at fault for the accident injuries in other pedestrian car accident cases your injuries from the car accident. However, your compensation will be reduced by your percentage of fault for serious neck injury, according to the principle of comparative negligence.
What if the driver was uninsured or underinsured?
If the drunk driver, who hit you was uninsured or underinsured, you may still be able to recover compensation from your own insurance company, depending on your own insurance coverage, and insurance policy and limits.
What if the crosswalk was not marked or visible?
If the pedestrian was hit by a car, because the crosswalk was not marked or visible, it may be more difficult to establish liability at fault driver and make a claim or file a lawsuit. However, you may still be able to recover compensation if you can prove that the driver was negligent or violated traffic laws.
How much compensation can I recover in a crosswalk accident settlement?
The amount of compensation you can recover in a crosswalk accident settlement from personal injury lawyer depends on the severity of your injuries, the amount of your damages, and the circumstances of the accident. An experienced personal injury attorney can help you with severe injuries, assess the value of your case and negotiate a fair settlement.
How long does a crosswalk accident settlement take?
The the the average settlement amount of pedestrian accident settlement, amount and length of a crosswalk or pedestrian car accident settlement often depends on various factors, such as the complexity of the case, the willingness of the parties to negotiate, and the availability of evidence. Some serious pedestrian accident settlements can be reached within a few weeks or months, on average settlement while others may take years to resolve.
What if I cannot afford an attorney for a crosswalk accident settlement?
Many personal injury attorneys offer free consultations and work on a contingency fee basis, which means they only get paid if you recover compensation. Therefore, you may be able to hire an attorney without upfront costs or fees.
What if pedestrian accident lawyer and the driver denies liability for the accident?
If the driver denies liability for the accident, you may need to gather more evidence or seek the help of an attorney to establish their fault. An attorney can help you investigate the accident, interview witnesses, and present a strong case for your claim or lawsuit.
Can I negotiate a settlement on my own without an attorney?
Yes, you may be able to negotiate a settlement on your personal injury lawyer on your own without an attorney, but it is not recommended. Insurance companies and attorneys often use tactics to reduce the value of your serious personal injury claim or settle for less than what you deserve. An experienced personal injury attorney can help you navigate the negotiation process and protect your legal rights and interests.
How can I protect myself from crosswalk accidents?
You can protect yourself from crosswalk accidents by following traffic laws and all traffic signals, looking both ways before crossing the street, using crosswalks and pedestrian bridges when available, wearing reflective gear in low-light conditions, and avoiding distractions such as phones or headphones.
What should I do if I witness a crosswalk accident?
If you witness a crosswalk accident, you should call 911 or other emergency services immediately and provide assistance to the injured pedestrian if it is safe to do so. You should also gather information about the driver, the pedestrian, and the accident scene to help with the investigation and claims process.
How can cities and municipalities make crosswalks safer?
Cities and municipalities can make crosswalks safer by implementing various measures, such as installing crosswalk signals, improving lighting and visibility, adding pedestrian islands or refuge areas, reducing speed limits, and increasing education and awareness campaigns for both drivers and pedestrians. Additionally, designing crosswalks with accessibility in mind can help prevent accidents and injuries for pedestrians with disabilities.
What is the role of insurance companies in crosswalk and pedestrian accident and settlements?
Insurance companies play a crucial role in crosswalk and other pedestrian accident and injury claim settlements, as they are responsible for compensating the injured parties for damages and injuries caused by their policyholders. However in most pedestrian accident lawyer personal injury cases, insurance companies often prioritize their profits over the interests of the injured parties, and may try to deny or reduce claims or settlements. It is important to have an attorney who is experienced pedestrian accident lawyer can negotiate with the insurance company on your behalf and protect your legal rights and interests.
Can I still make a claim if the driver fled the scene of the accident?
If the driver or motor vehicle fled the scene of the accident, it may be more difficult to make a claim or file a lawsuit, but it is not impossible to seek compensation. You should report the accident to the police and provide any information you have about the driver or the vehicle, such as the license plate number or a description of the vehicle. Additionally hit by a car again, you may be able to recover compensation from your own insurance company if you have uninsured motorist coverage.
How can I find a qualified personal injury attorney for a crosswalk accident settlement?
If you are looking for a qualified personal injury attorney for a crosswalk pedestrian accident settlement call, there are several steps you can take. Firstly, you can ask for referrals from friends or family members who have worked with personal injury attorneys in the past. Secondly, you can conduct an online search for attorneys in your area who specialize in personal injury law and crosswalk accidents. Thirdly, you can contact your state bar association for a referral to a qualified attorney. When selecting an attorney, it is important to choose someone with experience and expertise in crosswalk pedestrian accident case settlements, who can negotiate with insurance companies and represent you in court if necessary. You should also schedule a consultation with the attorney to discuss your case and ask questions about their experience, fees, and success rate.
During the consultation for most personal injury cases, you should also assess the attorney’s communication skills, responsiveness, and willingness to answer your questions and concerns. Additionally, you should ask for references from past clients and check their online reviews and ratings. Finally, you should consider the attorney’s fee structure and payment options, such as contingency fees, which means the attorney only gets paid if you recover compensation, or hourly fees, which means you pay the attorney for each hour of work. With these steps, you can find a qualified personal injury attorney who can help you obtain the justice and compensation you deserve for your crosswalk accident settlement.
What is the importance of seeking medical attention after a crosswalk accident?
Seeking medical attention after being hit by a car or crosswalk accident is crucial, even if you feel fine. Some injuries, such traumatic brain injury such as concussions traumatic brain injury or internal bleeding, may not show symptoms immediately but can be life-threatening if left untreated. Additionally, medical records and medical bills can provide important evidence for your claim or lawsuit and help establish the extent of your damages and injuries.
