You are the only one who can decide if you need a pedestrian accident attorney. To make this determination, though, you may need to know the services a lawyer provides and the potential benefits of hiring an attorney. A pedestrian accident lawyer will protect you from those who owe you money (and don’t want to pay it). Your attorney will build the strongest case they can on your behalf, securing evidence of negligence and documentation of your damages. Ultimately, your lawyer will secure a fair settlement offer or fight for you at trial.
Reasons Why You May Need a Pedestrian Accident Lawyer
Pedestrian injuries happen far more often than they should, but most pedestrians hit by motor vehicles find themselves in an unfamiliar situation. A lawyer can simplify a complex situation, as your decision to work with a lawyer may:Give You More Time for Rest and Recovery
Twenty pedestrians die every day in motor vehicle collisions.
You may need ample time to:
- Get ongoing evaluations from your doctors, who need to monitor your recovery and adjust their treatment plan accordingly
- Undergo and heal from any necessary surgeries
- Rest, apply ice and heat, stretch, and complete any other at-home care
- Recover psychologically and emotionally from a traumatic event
Prevent Any Rights Violations That Endanger Your Case
When pedestrians assume that insurance companies always do the right thing, they are vulnerable to rights violations. Insurers, as well as others who are responsible for a pedestrian’s accident-related damages, do not always act honestly or morally. Your pedestrian accident attorney will protect you from common bad-faith insurance tactics, which include:- Denying a claim without a just reason
- Blaming the pedestrian for causing the accident (with allegations including that the pedestrian did not have the right of way)
- Claiming that the injured pedestrian is seeking compensation for existing injuries (rather than injuries that happened because of the accident)
- Undervaluing the pedestrian’s covered losses
- Offering a lowball settlement and refusing to negotiate in good faith
Provide Some Financial Relief
Many people associate hiring a lawyer with a financial cost. In truth, pedestrian accident lawyers can provide immense financial relief to their clients by:- Using a contingency fee structure in which the client pays no upfront or out-of-pocket fees or costs (the lawyer receives their fee as a percentage of any settlement or verdict they get for the client)
- Using in-house resources, including paralegal services, investigators’ services, and the lawyer’s own time and effort, to build a strong case
- Hiring experts who may testify about fault for the accident, reconstruct the accident, diagnose health conditions, and serve other roles
Result in the Case Results You Want (and Need)
Attorneys cannot guarantee results. When your case ends, though, you may find that your lawyer obtained all the compensation you need and deserve. A lawyer’s experience and knowledge of pedestrian accident cases is arguably their greatest value to you. You likely never attended law school or successfully handled a pedestrian accident claim or lawsuit, so why not hire someone who has? Hiring an attorney will maximize your chances of a successful outcome.Attorneys Understand the Reasons Why Pedestrian Accidents Happen
One of your pedestrian accident lawyer’s most important duties is establishing fault and liability for your damages. As your attorney investigates your pedestrian accident, they may find that liable parties include:One or More Insurance Companies
Though every state has its share of uninsured motorists, most drivers have valid auto insurance. Your lawyer may seek compensation from:- A negligent motorist’s insurance provider
- Your insurance provider
- The insurers who cover any other party that is liable for your pedestrian accident
A Motorist
Reckless driving, the primary reason for pedestrian deaths, has reached an all-time high based on recent measures.
Some specific driver-related failures that can cause a pedestrian accident include:
- Speeding
- Distracted driving
- Impaired driving
- Failing to heed traffic signs and signals
- Failing to yield the right of way to pedestrians
- Illegal passing
A Vehicle Manufacturer
Defective motor vehicles can contribute to or directly cause pedestrian collisions. Defective brakes, headlights, steering components, and tires are among the hazards you can hold a vehicle manufacturer liable for.A Municipality (Possibly the City in Which Your Accident Happened)
Cities and other municipalities have a duty to:- Install and maintain functioning traffic lights
- Install signs that reduce the risk of pedestrian accidents
- Ensure that no work zones increase the risk of pedestrian accidents
- Install and maintain lighting along roadways and at interactions
- Take all other reasonable measures to reduce the likelihood of traffic accidents
How Attorneys Help Pedestrians Injured in Traffic Accidents
Winning a pedestrian accident claim or lawsuit can change your life, but winning is never a given. Your lawyer will take many steps in pursuit of the money you deserve, including:Obtaining All Evidence from the Pedestrian Accident
Your pedestrian accident is the focus of your case.
Your lawyer will take all necessary steps to understand and document that accident, including gathering evidence such as:
- Video of the accident (which may come from traffic cameras and other nearby cameras)
- Eyewitness testimony, which may support the case that someone else is responsible for the accident
- Expert testimony supporting your case
- A police report, which may support eyewitness testimony and your lawyer’s version of events
Establishing Financial Liability
Your legal team will consider all evidence of fault, insurance policies, and other relevant information to determine who owes you compensation. Insurance companies and those directly responsible for the accident (like a negligent motorist) are among those who may owe you money.Documenting Your Recoverable Damages (and Calculating Your Case Value)
Your lawyer’s job is to establish how the pedestrian accident (and those who caused it) has diminished your quality of life. Proving your damages is a critical step towards obtaining a fair settlement or verdict. Documentation of your financial and non-economic damages may include:- Medical documentation: Your attorney may prove your medical costs and physical impairments using medical bills, doctors’ explicit written diagnoses of injuries, medical images, and other documentation related to your injuries.
- Employment and financial records: A pedestrian accident lawyer may prove professional harm (like lost income) using pre-accident employment records, financial statements showing lost income, and experts’ testimony about how your injuries will affect you professionally.
- Bills related to damaged property: Bills related to vehicle repairs, replacement of a totaled vehicle, replacement of other damaged property, and temporary transportation can all be relevant to your case.
- A mental health professional’s evaluation: A therapist or other mental health professional can diagnose post-traumatic stress disorder, depression, anxiety, sleep disorders, and other types of pain and suffering stemming from the pedestrian accident. An expert can also prescribe and provide treatment (which your lawyer will document the cost of).
Presenting Settlement Demands to Insurers
Insurance companies may present a settlement offer before your lawyer presents their demands. If they offer a fair initial settlement, that ends your case—often, though, the first offer is a lowball offer. Your legal team will present settlement demands that reflect the current and future cost of your damages. Your attorney may also provide documentation of your damages, which can justify the settlement demands.Drafting and Filing a Lawsuit, If You Decide to Do So
Injured pedestrians sometimes file lawsuits because:- The person responsible for the accident (such as a motorist) does not have insurance
- Insurance companies deny claims, refuse to improve their lowball settlement offers or engage in other bad-faith tactics that prevent a fair
- Coverage limits on insurance policies are significantly less than the cost of the injured pedestrian’s damages
Fighting for You in the Courtroom, If That’s Your Case Strategy
Trials are relatively rare in civil cases, including those prompted by pedestrian accidents. However, your attorney may, at some point, bring up the possibility of going to trial. You have total control of your case, though your lawyer will be the one responsible for resolving the case. Before your attorney takes any steps like initiating a trial, they will speak with you, provide all relevant information, and ensure you’re on board with the path ahead. An attorney’s familiarity with civil laws, insurance rules, and the cost of clients’ damages will apply directly to your case. Perhaps most of all, your lawyer’s experience securing fair compensation for pedestrians prepares them to build a high-quality case for you.Your Lawyer Will Calculate (and Seek Justice for) Your Accident-Related Damages
When a multi-ton vehicle hits a pedestrian, the resulting injuries, traumas, and financial losses can be devastating. Some damages that attorneys often include in pedestrian accident cases are:Economic Damages
Economic damages have a fairly straightforward financial cost, though calculating the value of these damages is not always easy. Some potential economic damages you may face because of the pedestrian accident are:
- Medical expenses
- The cost of medications, medical equipment, and other items related to your recovery
- Rehabilitation-related expenses
- The cost of mental health treatment for pain and suffering
- Income, bonuses, earning power, and other professional harm
- Vehicle repair costs
- The cost of any temporary transportation you need after the accident
Non-Economic Damages
Pain and suffering is the most common type of non-economic harm faced by injured pedestrians. Being hit by a vehicle may cause:- PTSD
- Immense physical pain
- Lost quality of life
- Lost sleep
- Depression
- Anxiety (which may peak when you are near motor vehicles)
Pedestrian Accident Lawyers Also Handle Wrongful Death Claims
Pedestrian accident lawyers also represent clients who have tragically lost loved ones in motor vehicle accidents.
Wrongful death cases often involve catastrophic damages that include:
- Pain and suffering, which includes grief but may also include other conditions like depression
- Counseling, medication, and other treatment for grief
- Lost financial support
- Loss of consortium
- Funeral and burial expenses