Pedestrian Accident Lawsuit: What You Need to Know

//Pedestrian Accident Lawsuit: What You Need to Know

In 2015, over 5,000 people died as a result of a pedestrian accident and another 70,000 were injured. Have you or a loved one been involved in this type of accident? Are you unsure of what to do next?

Read on to learn the five things everyone should know about filing a pedestrian accident lawsuit.

Determining Responsibility

After an accident, pretty much everything — including how you’re compensated — is determined by who is at fault.

If any of the following situations apply to your case, the driver will usually be deemed responsible for the accident:

  • Distracted driving
  • Speeding
  • Failure to yield
  • Disobeying traffic signs or signals
  • Failure to signal
  • Disregarding weather or traffic conditions
  • Driving under the influence of drugs or alcohol

Drivers are also expected to exercise greater care in areas where children are commonly present, including near schools, parks, and residential areas.

There are certain situations in which the pedestrian is considered responsible for the accident, including:

  • Ignoring the “walk” signal at an intersection
  • Entering and disrupting the flow of traffic
  • Failing to use marked crosswalks

Making An Insurance Claim

If you’ve determined that the driver is at fault, the next step is to open an insurance claim.

When opening an insurance claim, it is important to be aware of potential tricks the driver’s insurance company might try to play on you.

Some common tricks from insurance companies include attempts to convince you to settle immediately, the three D’s (delay, deny, and defend), and bully tactics like threatening to close the file or pressuring you to give them a full narrative of what happened.

It is especially important to avoid this last one — until you have a lawyer, you should only give the insurance company the cursory details of the accident.

Document Everything

After you open an insurance claim, you should also start documenting expenses related to the accident.

Some of the documents you should save include:

  • Medical bills
  • Expected medical bills
  • Receipts for taxis
  • Charges for fixing your bike
  • Lost wages

Factors That Affect Your Settlement

There are a lot of factors that can affect the size of the settlement you receive from a pedestrian accident lawsuit, such as:

  • Severity of your injuries
  • Amount of time you’ve missed work
  • Nature and extent of your medical treatment
  • Impact of injuries on your daily life
  • Prospects for a full recovery
  • Presence or absence of clear fault
  • Lost opportunities that can be attributed to your injuries
  • Impact of injuries on future earning potential

Finding A Lawyer

A lawyer will help you navigate the tricky waters of a pedestrian accident lawsuit and will ensure that you get what you deserve.

If possible, get a recommendation for a lawyer from a friend or family member. If no one can refer you, then check online and find a few attorneys who have good reviews or testimonials.

Once you have a few prospective lawyers in mind, set up a time to discuss your situation, either on the phone or in person. Some questions you might want to ask them include:

  • What is the statute of limitations for my case?
  • What are your areas of specialization?
  • Have you taken on cases like mine before?
  • How long do you expect this case to take before it is resolved?
  • What is your fee structure?
  • Do you think I have a good case?

Let Us Help With Your Pedestrian Accident Lawsuit

If you live in Pennsylvania or New Jersey and have been injured in a pedestrian accident, we’re here to help.

Contact us at KaplunMarx today. Our firm is made up of experienced trial lawyers who have gotten millions of dollars for our injury clients. When you work with us, you can trust that we’ll be with you every step of the way.

2017-11-15T09:38:47+00:00

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