Walking in a marked crosswalk doesn’t guarantee your safety. You’d think that brightly painted lines, signage, and flashing lights would keep drivers from hitting people on foot but a significant portion of pedestrians are hit by cars while in crosswalks each year. And, in such cases, the driver is almost always at fault—meaning victims can often seek compensation in a variety of ways. drivers are legally obligated to yield the roadway to pedestrians in crosswalks that are either marked or unmarked. They are also required to lower their speed while approaching crosswalks and always be alert to pedestrians who may potentially enter the roadway. That means that in the majority of cases where a pedestrian is hit by a car in a crosswalk in this state, the driver is automatically assigned the fault—thus the legal liability.
But, as many victims know, getting fair compensation for their injuries can be a difficult process—even in the “simplest” of cases. This is the reason why a pedestrian accident attorney is so important when trying to maximize your compensation from injuries caused by a careless driver.
Make Sure You are In the Crosswalk
If a car hits a pedestrian while he or she is in a crosswalk, the driver of the car is at fault. As a result, a pedestrian’s personal injury case is much better if he or she was in a crosswalk at the time of the accident. On the other hand, if a car hits a pedestrian while he or she is not in a crosswalk, both the driver and the pedestrian may be at fault. Or the pedestrian may be 100% at fault. A pedestrian’s personal injury case is worse if he or she was not in a crosswalk at the time of the accident.
Dealing with the Insurance Company
Pedestrian accidents are unfortunately often serious, since the victim is hit with a large, heavy vehicle with little to protect the victim. As a result, you may be able to receive a substantial recovery for your injuries. Plus, in many cases where a car hits a pedestrian, the driver is clearly found to be at fault and the pedestrian is usually able to recover for all expenses.
If a pedestrian is hit by a car while in a crosswalk, the quickest and easiest way for them to seek financial compensation is to negotiate an insurance settlement offered by the at-fault driver’s insurance company. However, it may be necessary for victims to engage the services of a qualified personal injury attorney in order to get all the compensation they deserve. Insurance companies won’t typically make fair and total offers the first time around.
If the driver is uninsured (or underinsured) victims may seek compensation from their own insurance policies. However, with payout limitations, such compensation may not always be enough to cover all the expenses incurred after a pedestrian accident. This is not optimal to maximize the compensation for your injuries, so your pedestrian accident attorney will be able to assist you in limiting your expenses.
What is Considered a Pedestrian Accident?
A pedestrian accident involves a person traveling by foot, walking, running, or even sitting, who is struck by a motor vehicle while attempting to cross a roadway. Pedestrian accidents typically occur because of one of the following reasons:
- Driver/or pedestrian was using an electronic device
- Driver failed to properly cross lanes
- Car was too quiet to hear
- Alcohol was involved
- Pedestrian was wearing dark clothing
- Pedestrian crossed at an unmarked crosswalk
If you were injured by a reckless driver for any of the reasons above, then you’ve likely been involved in a pedestrian accident. If you have been injured it is imperative that you contact a pedestrian accident lawyer immediately.
Common Causes of Pedestrian Accidents
Most pedestrian accidents occur in urban areas. There are plenty of pedestrians hit on country roads, but busy city streets have many more injuries and fatalities. Nearly half of all fatal pedestrian accidents involve an alcohol-impaired individual. Here are the common reasons pedestrians are hit by a motorist:
- Failing to yield to a pedestrian
- Drunk driving
- Distracted driving
- Failing to obey traffic signals
- Bad weather
If you’ve been hit by a vehicle in or outside of a crosswalk as a pedestrian you may have the right to compensation for your injuries. Call our law offices today at any of our convenient locations to speak with a pedestrian accident attorney and get a free consultation.
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