It’s no secret that car accidents happen numerous times a day, but it may not be as widely recognized that a large number of those involve pedestrians. This is a traumatic experience for anyone to have to face, but if it results in serious injuries, it becomes an especially harrowing situation. Unfortunately, drivers aren’t always as cautious as they should be, and distractions or pure recklessness can endanger the lives of anyone who happens to be unlucky enough to be in the same area at the same time. When injuries are severe and restitution is being sought, a car accident lawyer may be a person’s only hope at receiving a fair settlement.
In a car-against-pedestrian collision, most people automatically assume that the driver was negligent, but there are actually some instances where that might not be the case. The first step of any claim is to establish who was at fault. Anyone that gets behind the wheel of a car is expected to be extremely cautious and is responsible for being aware of their surroundings at all times. However, a pedestrian may be found at fault if they were not using designated crosswalks, not paying attention to the traffic signals, suddenly ran out in front of traffic, were walking in an area that is prohibited for pedestrians to be in or was acting in a negligent manner while intoxicated. There are many things that can contribute to an accident, which will make or break a claim.
Fundamental Factors That Affect Settlement Rewards
Every case has its own set of circumstances and factors that will play into the final settlement amount that the injured party is rewarded, but there are a few different aspects, in particular, that most insurance companies and lawyers will look at to help them make a final decision on what the value of the claim should be. These include the extent of the injuries suffered, the type of medical treatment that is needed, how the injuries have affected the victim’s normal daily life and work routine and the impact of the injuries long-term. The more severe and permanent the injuries are, causing a major change in the pedestrian’s quality of life, the more the payout usually is.
Damages Covered By Compensation
Even without property damages to be accounted for, pedestrians are entitled to restitution to cover current and forthcoming medical expenses, lost wages from being out of work, pain and suffering and loss of enjoyment of life. It can be difficult knowing exactly how much will be enough to reasonably compensate for injuries, but a car accident lawyer will help assess the factors discussed above to make certain their clients are properly taken care of.
What to do if You’ve Been Injured in a Car-Pedestrian Accident
When a pedestrian is hit by a vehicle, it’s critical for the future of the case for as much evidence to be gathered as possible. Once the police have been contacted and medical help has been sought, the next professional on the list that should be consulted with is a car accident lawyer. The most solid claims are backed up by witness testimony, photographs from the scene of the incident, pictures of the injuries, medical records and the clothing that was worn at the time of the collision.
Without a background in law, it’s easy to become confused and overwhelmed with the entire lawsuit process. It’s always best to have an experienced car accident lawyer guide you through your claim to ensure your rights as a pedestrian are upheld and the appropriate compensation is awarded.