Pedestrian Accident Injury Claims: What You Need to Know
Pedestrian accidents often lead to catastrophic injuries, leaving victims with long-lasting physical, emotional, and financial challenges. Unlike drivers or passengers, pedestrians have no protection in accidents involving motor vehicles, making them especially vulnerable to serious harm. If you’ve been injured as a pedestrian, understanding your legal rights, potential causes of the accident, and how a Atlanta personal injury lawyer can help you navigate the claims process is crucial to ensuring fair compensation for your injuries.
This article will delve into the common causes of pedestrian accidents, the types of injuries pedestrians may suffer, and why it’s critical to hire a personal injury lawyer to maximize your chances of receiving compensation.
Who is Responsible for Pedestrian Accidents?
Pedestrian accidents generally occur due to the negligence or recklessness of drivers, although other entities may be liable in certain cases. The most common parties involved in pedestrian accidents are:
- Drivers: The majority of pedestrian accidents happen due to driver negligence. Common contributing factors include distracted driving (such as texting or talking on a cellphone), failure to yield at crosswalks, running red lights or stop signs, and impaired driving (DUI).
- Property Owners or Government Entities: In some cases, pedestrian accidents are caused by unsafe conditions on properties or public roads. For example, poorly designed roads, obstructed crosswalks, or malfunctioning traffic lights can increase the risk of pedestrian accidents. In these instances, government entities or property owners may be held responsible.
- Pedestrian Behavior: While drivers are often at fault, pedestrians can sometimes contribute to accidents by engaging in risky behavior. Jaywalking, not paying attention to traffic signals, or crossing roads in unsafe locations are all factors that may contribute to an accident. However, even in these cases, a driver’s negligence can still be a major contributing factor.
Common Causes of Pedestrian Accidents
Pedestrian accidents can happen in various situations. Some of the most common causes of pedestrian accidents include:
- Distracted Driving: With the rise of smartphones, many drivers are texting, calling, or engaging in other distractions while driving. This reduces their awareness and ability to see pedestrians, especially in busy areas.
- Failure to Yield at Crosswalks: Drivers are legally required to stop and yield to pedestrians at crosswalks. However, many fail to do so, leading to severe injuries for pedestrians who have the right of way.
- Running Red Lights or Stop Signs: Drivers who run red lights or fail to stop at stop signs put pedestrians at great risk, particularly in urban areas where traffic is heavy and people frequently cross streets.
- Driving Under the Influence (DUI): Alcohol and drugs impair a driver’s ability to react, judge distances, and make safe driving decisions. DUI accidents often result in serious pedestrian injuries or fatalities.
- Speeding: Excessive speed is a major contributing factor in pedestrian accidents. It reduces a driver’s reaction time and increases the severity of a collision if a pedestrian is struck.
- Negligent Pedestrian Behavior: While less common, pedestrian negligence can also contribute to accidents. Crossing the road in unsafe places, failing to look both ways before crossing, or walking while distracted by a phone are examples of risky behaviors that can lead to accidents.
Types of Injuries in Pedestrian Accidents
Pedestrian accidents are often severe due to the vulnerability of pedestrians. The severity of the injuries depends on factors like vehicle speed, the nature of the impact, and the pedestrian’s ability to react. Common injuries include:
- Head Injuries: Head trauma is one of the most serious consequences of a pedestrian accident. This includes concussions, skull fractures, and traumatic brain injuries (TBI). TBIs can cause long-term cognitive, motor, and emotional impairments.
- Spinal Cord Injuries: These injuries are potentially life-changing and can result in partial or complete paralysis. Spinal cord injuries often require extensive rehabilitation and long-term care.
- Fractures and Broken Bones: The impact of being struck by a vehicle can cause broken bones, particularly in the legs, arms, ribs, and hips. These injuries may require surgery and long recovery times.
- Internal Injuries: Pedestrians are at risk of severe internal injuries, such as damage to organs like the liver, kidneys, and spleen. These injuries can be life-threatening and often require immediate medical attention.
- Soft Tissue Injuries: Sprains, strains, and tears to muscles, tendons, and ligaments are common, especially if the pedestrian is thrown or knocked down by the vehicle.
- Road Rash and Abrasions: Pedestrians who are thrown onto the road often suffer from abrasions or road rash, which can be painful and prone to infection if not properly treated.
How Pedestrian Accidents Usually Occur
Pedestrian accidents can occur in various locations and situations. However, there are several high-risk scenarios:
- Crosswalk Accidents: A large number of pedestrian accidents happen at crosswalks, where drivers fail to yield the right of way or drive through the crosswalk without stopping.
- Intersection Accidents: Intersections are common places for pedestrian accidents due to drivers running red lights, failing to yield to pedestrians, or making turns without checking for pedestrians.
- Jaywalking: While pedestrians have the right of way, crossing the street outside of crosswalks or against traffic signals (jaywalking) can lead to accidents, though drivers may still be held liable in cases of negligence.
- Backing Up Accidents: Many pedestrian accidents happen when vehicles are reversing out of parking spaces or driveways. These accidents are often preventable if drivers take care to check for pedestrians behind their vehicles.
- Parking Lot Accidents: Parking lots are high-risk areas where pedestrians are often injured due to inattentive drivers failing to notice people walking between parked cars or across crosswalks.
Why Hire a Atlanta Personal Injury Lawyer for Pedestrian Accidents?
If you’ve been injured in a pedestrian accident, hiring an experienced Atlanta personal injury lawyer can significantly improve your chances of a successful claim. Here’s why:
- Expert Legal Guidance: Personal injury lawyers specialize in pedestrian accident claims and understand the intricacies of these cases. They will help you navigate the legal system and ensure your rights are protected.
- Negotiating Fair Compensation: Insurance companies may offer settlements that are far less than what you deserve. A lawyer will negotiate on your behalf to ensure you receive a fair settlement that covers your medical expenses, lost wages, pain and suffering, and more.
- Collecting Evidence: A skilled lawyer will gather all necessary evidence, such as medical records, police reports, witness statements, and traffic camera footage, to build a strong case and prove the extent of your injuries.
- Maximizing Your Compensation: An attorney will work to ensure all of your damages are accounted for, including medical costs, lost wages, emotional suffering, and future rehabilitation expenses.
- Court Representation: If your case goes to trial, a personal injury lawyer will advocate for you in court and fight for the compensation you deserve.
Other Relevant Practice Areas for Pedestrian Accident Injury Claims
In addition to personal injury law, other areas of law may be relevant to your claim:
- Product Liability: If a defective vehicle part contributed to the accident, you may be able to file a product liability claim against the manufacturer.
- Premises Liability: If unsafe conditions on a property, like poor lighting or obstructed crosswalks, contributed to the accident, the property owner may be held responsible.
- Wrongful Death: In cases where a pedestrian is fatally injured, surviving family members may be entitled to file a wrongful death lawsuit to cover funeral expenses, lost income, and other damages.
Summary
Pedestrian accidents can result in severe injuries, leading to long-term physical, emotional, and financial hardships. Understanding who is responsible, the types of injuries that may occur, and the importance of hiring a personal injury lawyer is key to protecting your rights and securing fair compensation. A skilled lawyer can guide you through the legal process, ensure that all evidence is collected, and fight for the compensation you deserve. If you or a loved one has been injured in a pedestrian accident, contact a personal injury lawyer today to take the necessary steps for recovery.