Do Pedestrians Always Have the Right of Way?

Pedestrians do not always have the right of way. Still, motorists have a duty of care that requires them to avoid striking a pedestrian, even if that pedestrian engages in an act they shouldn’t. For instance, if a pedestrian enters a busy roadway without the right of way, an oncoming motorist must still try to brake, swerve, or avoid the pedestrian in other ways.

Pedestrians do often have the right of way. Many motorists cause accidents by failing to respect the pedestrian’s right of way, whether intentionally or unwittingly. If a motorist hit you or a loved one while in a pedestrian capacity, there is a significant chance you deserve compensation. Hire a pedestrian accident attorney today so they can fight for the compensation you deserve.

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Right of Way or Not, Motorists Must Avoid Striking Pedestrians

The danger of pedestrian accidents cannot be overstated. Thousands of pedestrians lose their lives each year from injuries caused by motor vehicles. Even when pedestrians survive, they may suffer disabling injuries, scarring, and trauma that affects many areas of their life.

Motorists must know that their vehicle can be a deadly force if not controlled with caution, and so motorists must:

• Be aware when pedestrians are in or near the roadway
• Use all vehicle features that may reduce the risk of hitting a pedestrian, including the horn and headlights
• Give the pedestrian the right of way when they have it
• Yield to a pedestrian in the roadway even if the pedestrian does not have the right of way

Motorists must also be alert, undistracted, and defensive in their driving. There has been a significant uptick in fatal pedestrian accidents in recent years, which may suggest that many motorists are not honoring their duties of care, endangering pedestrians as a consequence.

When a Motorist Hits a Pedestrian, the Pedestrian Should Seek Fair Compensation

If you suffered an injury in a pedestrian accident, you should always assume that a motorist or another liable party is at fault. You must fight for the compensation you deserve, and a pedestrian accident lawyer can lead that fight so you can focus on your health.

Your attorney will pursue compensation through the most appropriate means, which may include:

• An insurance claim (filed with a third party’s insurance company or your own provider)
• A lawsuit, which your lawyer may file against an at-fault motorist or any other parties who are liable for the accident

Most accident victims don’t know whether to file insurance claims, file a lawsuit, or pursue some combination of these approaches. Your lawyer will provide clarity and lead whichever course of action you decide to pursue.

Steps to Take If You’re Hit by a Motor Vehicle (or Lose a Loved One Due to a Pedestrian Accident)

A lawyer will help you identify time-sensitive priorities following a pedestrian collision. Two of the steps you must take for the sake of your health and financial well-being are:

• Getting treatment for all injuries suffered during the pedestrian accident: Pedestrian accidents are associated with a range of serious injuries, some of which do not always cause immediate symptoms. Even if you don’t feel injured, you should see a medical provider for diagnostic care.
• Choosing a pedestrian accident lawyer to handle your case: If you learn that you have suffered one or more injuries during a pedestrian accident—or you are merely traumatized by the accident—speak with a lawyer as soon as possible. Pedestrian accident attorneys serving your area will take a firm grasp of your case, ensuring you can recover without worrying about a claim or lawsuit.

It is important that you take advantage of your resources, namely doctors and your lawyer. Your doctors will provide the treatment you need and a plan for your recovery. Your attorney will protect your rights and provide case-specific guidance.

The Benefits of Hiring a Pedestrian Accident Attorney

Pedestrians hit by motor vehicles face many challenges, including:

• Physical pain, which can limit what you’re physically capable of and cause significant distress
• Psychological and emotional distress, which may reduce your tolerance for stress and limit you cognitively
• Professional uncertainty, which can cause financial stress and require you to make arrangements with your employer
• Direct financial expenses (like medical bills) heightening your distress until you receive compensation covering the costs
• Uncertainty about how to seek fair compensation for accident-related losses

You may not want to add the significant responsibility of an insurance claim to these and other challenges you already face. Furthermore, if you decide to pursue one, you may not have the legal training or experience to handle a lawsuit effectively.

Hiring a lawyer solves many challenges common to pedestrian accident victims, and you may choose to work with an attorney because:

• You want your health to remain the foremost priority
• You recognize physical injuries and psychological distress limits and what you are capable of right now
• You recognize that legal training and experience are valuable when leading a pedestrian accident claim or lawsuit

Your lawyer will quickly formulate a strategy specific to you. They will execute the strategy, update you throughout settlement negotiations, and have discussions when important decisions need to be made. Focus on healing while your lawyer leads your case from start to finish.

Hire a Pedestrian Accident Lawyer Without Financial Risk

An unknown number of people fail to hire a lawyer because they wrongly assume that they can’t afford one. In truth, contingency fees are the most common pay structure used by pedestrian accident lawyers.

A contingency fee arrangement ensures that everyone who needs a personal injury attorney can hire one because:

1. The client hires the firm without paying any upfront fee
2. The pedestrian accident lawyer (or their firm) covers expert fees, administrative costs, and other expenses related to the claim or lawsuit
3. The client agrees to pay the law firm a percentage of any settlement or verdict the lawyer obtains
4. The law firm does not receive any compensation unless it secures compensation for the injured pedestrian

Lawyers generally use the same fee structure when leading wrongful death cases. This means you can undoubtedly afford to hire a pedestrian accident lawyer—anyone can, thanks to the contingency fee agreement.

Your Lawyer Will Fight for Your Financial Security (Both Now and in the Future)

Attorneys ensure their clients receive medical treatment and mental health services. This is critical to ensure the client’s safety and communicates that the law firm values you as a person. Ultimately, though, a lawyer’s role is to secure fair compensation for the cost of the pedestrian accident.

Steps your lawyer will take towards securing the compensation you deserve include:

Determining Who Caused Your Accident (and Who Is Liable for Your Damages)

Drivers’ dangerous behaviors (including speeding) are one of the leading causes of pedestrian collisions. While there is always a good chance that a motorist is liable for an accident, other potentially liable parties include:

• Municipalities who may create dangerous road conditions that lead to collisions between motor vehicles and pedestrians
• Vehicle manufacturers who can be liable when accidents result from defects, like brakes that fail
• Establishments that overserve alcohol to impaired motorists

Your pedestrian accident lawyer will not make judgments about fault or liability until they have gathered all relevant information. Evidence will point your lawyer in the right direction, and they will determine who is liable for your damages.

Creating a Detailed Record (Including Proof) of Your Recoverable Damages

When an injured pedestrian demands compensation, they often face counterarguments from liable parties. Insurance companies may claim that you are exaggerating injuries, overvaluing the cost of your damages, or using other tactics to inflate your case value.

For this reason, your lawyer will need convincing proof of your accident-related losses, which may come in the form of:

• Medical bills
• Medical images
• Your doctors’ records detailing your injuries and symptoms
• Medical experts’ opinions about any future medical care you may need
• Pre-accident income statements illustrating your post-accident professional damages
• Mental health experts’ testimony about any pain and suffering you face because of the accident

Let your lawyer worry about proving your losses. Because your attorney’s fee will be linked to the financial outcome of your case, you can be certain they will present the strongest case they possibly can.

Establishing a Precise Value for Your Claim or Lawsuit

Attorneys calculate the financial value of their clients’ damages. This is how they decide how much compensation to demand from insurance companies and other liable parties.

Determining the cost of a pedestrian accident can be difficult when:

• The injured pedestrian experiences pain and suffering (which most injured pedestrians do)
• The pedestrian needs ongoing medical care, which may require the lawyer to project the future cost of medical services
• The pedestrian has other ongoing damages, such as lost income, that require the attorney to project costs into the future

Attorneys have the training, mathematical abilities, and an arsenal of experts necessary to compile the value of even complex cases. This is critically important because the value of the settlement or verdict you receive must be enough to cover long-term damages.

Representing You in Settlement Talks (While Using Their Negotiation Experience)

An attorney who knows the value of their client’s damages can negotiate a settlement confidently. Your lawyer will present their demand letter and may also show liable parties:

• Proof of who is at fault for the pedestrian accident
• Documentation of your damages, particularly any damages that liable parties dispute
• How they determined the financial cost of both economic and non-economic damages

Your lawyer may not hesitate to communicate their willingness to go to trial. It is important that insurance companies or other liable parties know, if they do not offer a fair settlement, your lawyer will take further legal measures.

Helping You Determine Whether to Sue

Your pedestrian accident claim may follow one of two paths:

1. Liable parties agree to your lawyer’s settlement demands, in which case you can agree to accept a settlement and move forward with your life
2. Liable parties refuse to offer an acceptable settlement, in which case you and your lawyer can decide whether to file a lawsuit

Your lawyer will offer you advice that can help you make the right decision for your case. However, it is your case, so you will decide whether to have your lawyer file a suit on your behalf.

Leading a Lawsuit, and Possibly a Trial, for You

Filing a lawsuit does not mean a settlement is no longer possible. Your attorney may continue to meet with the liable parties after you file a lawsuit, and those parties can finally decide to offer the compensation you deserve.

If liable parties continue to rebuff your lawyer’s settlement demands, your case may move toward trial. Your lawyer will lead depositions, interrogatories, and all other pre-trial proceedings. They will also plead your case in court if your case reaches trial.

Damages Your Attorney May Obtain Compensation For

Pedestrians often break bones, suffer internal injuries, face brain trauma, and experience other serious ailments due to their lack of protection from oncoming vehicles. These and other injuries can cause:

• Pain and suffering, which is a category of non-economic damages that may include post-traumatic stress disorder (PTSD), physical pain, anxiety, scarring and disfigurement, lost quality of life, and several other problems
• Professional damages, which can result from an accident victim’s need to recover and include lost income, diminished earning capacity, and lost ability to earn performance incentives
• Medical bills, which will include the cost of all your accident-related medical services, medical equipment, rehabilitation services, and medications

If you need any mental health services, your attorney will calculate the cost of your treatment and include that cost in your settlement demands. You will have every opportunity to discuss your damages with your lawyer, and you should vocalize any economic or non-economic harm you’ve suffered because of the pedestrian accident.

Hire Your Pedestrian Accident Lawyer Before the Statute of Limitations Expires

Research personal injury lawyers in your area today, as you may face a limited period for filing a claim or lawsuit. Find an attorney with strong reviews and a track record of large case results, and allow them to fight for you.

Consultations are free, so take advantage of these discussions with law firms when looking for an attorney to represent you.