According to the Center for Diseases Control and Prevention, pedestrians are 1.5 times more likely at risk to be seriously injured or killed in a car accident as compared to individuals commuting in vehicles. From improper lane usage to unmarked crosswalks, there are many reasons which could cause a pedestrian accident. If you were injured in a pedestrian accident, you can file a claim against the driver, if the accident occurred due to the negligence or recklessness of the driver.
However, you must ensure that you were not at fault. For instance, if you were jaywalking, crossing the road against the traffic signal, or perhaps entering a street while intoxicated, you may not be able to establish liability upon the driver.
Although it may seem like a good idea to file a claim against the person yourself, you may find it extremely cumbersome and challenging to establish liability without the help of an experienced personal injury lawyer.
How can you establish liability in Pedestrian Accidents?
As mentioned earlier, it can be quite a challenging task to establish liability. If you have sufficient evidence to prove negligence, you may be entitled to monetary compensation. Any person who is driving a car owes a duty of care to their surroundings, be it a vehicle or a pedestrian on the road.
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Once you identify the offender, you must prove that their negligence directly caused the accident. The amount of compensation may include, but is not limited to, loss of income and hospitalization costs, along with the emotional suffering caused by the accident. However, all of these aspects need to be proven in order to be included in the compensation amount.
Most common causes of a pedestrian accident
There are many circumstances which can lead to pedestrian accidents: the driver may be using electronics such as mobile phone or speeding while driving causing him to lose control of their car. Or a pedestrian might be wearing darker clothes or the street had improper lights during night time, making it difficult for drivers to detect a pedestrian on the road. However, these reasons do not give them the license to drive recklessly and may not be a valid excuse for hitting someone with their car.
If you or a loved one has been injured in a pedestrian accident, contact the offices of Mary Ann Covone at (708) 246-4911 to schedule a free consultation with an experienced personal lawyer.