Data from the Insurance Institute for Highway Safety shows that over 6000 pedestrians have died on American roads every year since 2016, with 2020 figures being the highest since 1989.
Thousands of others suffer injuries that could range from minor to life-changing injuries in terms of severity and financial burden. Pedestrians have a right to compensation for damages suffered, but their eligibility will depend on who between them and the driver that caused the accident was at fault.
A driver would be at fault in a pedestrian accident if an accident happened while they were intoxicated, distracted, failed to yield way to pedestrians at designated crossings, running traffic lights, or made improper turns. If a driver is hit by another driver and pushed to the sidewalk where they hit a pedestrian, the driver that started the chain reaction will be liable for the accident.
A pedestrian can also be at fault in an accident and thus liable for an accident. Example situations where a pedestrian may be at fault in an accident include if they were crossing the road while intoxicated, distracted (for example, when texting or talking on the phone), entered the road at undesignated places or jaywalked.
There are also situations where neither the driver nor the pedestrian will be at fault, for example. If a car part fails or the driver encounters a road construction hazard causing an accident, they may not be liable for the accident. Under such circumstances, the third party responsible will be liable for the accident. Possible third parties can include governmental agencies, car manufacturers, faulty part manufacturers and trucking companies.
If you get into an accident that another party's mistakes caused, you may be eligible for compensation. Recoverable damages in a pedestrian accident include economic and non-economic damages.
Economic damages are the sum of all monetary expenses that directly or indirectly result from the accident. These costs can include hospital bills, lost wages, the cost of prescription medicine, and the cost of doctor-approved therapy. Other indirect costs are also recoverable, such as home adjustments to accommodate your life after an accident, living aids, and hiring a caretaker.
Non-economic damages include pain and suffering, disfigurement, amputations, psychological trauma, PTSD, and loss of life's enjoyment.
“Eligibility for compensation doesn't mean it will come easy. Often the at-fault's insurer will put up a fight, so you must brace yourself for one,” says attorney John Yannone of Price Benowitz Accident Injury Lawyers, LLP.
You can take steps to improve your chances of recovering fair compensation for your damages.
First, ensure you get medical help soon after the accident. Medical records help link injuries to an accident and determine the value of damages. While at the scene, you could take some photos, collect witness statements and contact details, and the responsible driver's insurance and contact details.
Having the evidence you need to build your case is work half done; the other part is proving your case which may require you to work with a lawyer, especially if the damages suffered add up to relatively huge amounts.
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