How Can a Pedestrian Accident Attorney Help?
In a no-fault state, the process of pursuing a fault-based claim or lawsuit for severe injuries that surpass Personal
Injury Protection coverage can be complex, but an experienced pedestrian accident attorney can guide you through the
steps to ensure you receive the compensation you deserve.
When you sustain severe injuries in a no-fault state that exceed the limits of your PIP coverage, you may have the
option to pursue a fault-based claim against the at-fault driver. This involves demonstrating that the other
driver’s negligence was a direct cause of your injuries and that your injuries meet certain criteria for severity as
defined by the state’s laws.
Here’s how an attorney can help you pursue a fault-based claim or lawsuit:
Your attorney will investigate the accident to determine the extent of the other driver’s negligence. This could
include analyzing police reports, medical records, witness statements, accident reconstruction, and other
evidence to establish fault.
Documenting Severe Injuries
To pursue a fault-based claim, your injuries must meet the threshold of severity set by the state. Your attorney
will work with medical professionals to document the nature and extent of your injuries, ensuring they meet the
legal criteria for pursuing a lawsuit.
Filing a Lawsuit
If your injuries surpass the PIP limits and meet the state’s criteria for severity, your attorney will file a
lawsuit against the at-fault driver. This legal action seeks compensation beyond what PIP coverage provides,
including damages such as pain and suffering, lost wages, and medical expenses that exceed PIP limits.
Navigating the Legal Process
Your attorney will guide you through every step of the legal process, from filing the initial lawsuit to
gathering evidence, conducting depositions, and representing you in court if necessary. Their goal is to build a
strong case that establishes the other driver’s negligence and the extent of your injuries.
Negotiating a Fair Settlement
In many cases, fault-based claims can be settled outside of court through negotiations with the at-fault
driver’s insurance company. Your pedestrian accident attorney will work to secure a fair settlement that covers
your medical expenses, lost wages, pain and suffering, and other damages.
Litigating if Necessary
If a fair settlement cannot be reached, your attorney will be prepared to take your case to trial. They will
present your case before a judge and jury, advocating for your right to compensation for your severe injuries.
Am I Entitled to Damages After Being Struck By a Negligent Motorist?
When you are a pedestrian struck by a vehicle, you may be entitled to various types of compensation to cover your
damages and losses.
These can include:
- Past and future medical expenses
- Rehabilitation costs
- Lost wages due to missed work
- Pain and suffering
- Emotional distress
- Wrongful death damages if the accident resulted in a fatality
An experienced pedestrian accident lawyer can assess your case’s details and help you pursue the appropriate
compensation for your specific situation.
What Are the Common Causes of Pedestrian Accidents?
Pedestrian accidents can occur for a variety of reasons, often resulting from a combination of factors involving both
pedestrians and drivers.
Some of the most common causes of pedestrian accidents include:
Distracted driving and walking
Both drivers and pedestrians being distracted by their phones, music, or other activities can lead to accidents.
Failure to yield
Drivers failing to yield the right-of-way to pedestrians at crosswalks, intersections, or designated pedestrian
zones is a significant cause of accidents. Similarly, pedestrians not obeying traffic signals and crossing when
it’s unsafe can also contribute to accidents.
Drivers traveling at high speeds have reduced reaction times and require longer distances to stop. This can be
especially dangerous in areas with heavy pedestrian traffic, as it increases the risk of accidents.
Impaired driving and walking
Alcohol or drug impairment significantly impairs judgment and coordination, making accidents more likely.
Impaired pedestrians may not follow traffic rules, and impaired drivers are less likely to notice pedestrians or
stop in time.
Failure to obey traffic signals
Pedestrians not adhering to traffic signals or jaywalking in areas without crosswalks can put them at risk.
Similarly, drivers running red lights or failing to stop at stop signs can collide with pedestrians.
Low visibility conditions, such as bad weather, darkness, or poorly lit areas, can make pedestrians and drivers
less visible to each other, increasing the risk of accidents
Drivers backing out of driveways or parking spaces may not see pedestrians behind their vehicles, leading to
Vehicles making turns at intersections or driveways may not notice pedestrians crossing in their path, leading
Lack of infrastructure
Inadequate pedestrian infrastructure, such as poorly designed crosswalks, lack of pedestrian signals, and
insufficient signage, can make it unsafe for pedestrians to cross roads.
Aggressive driving and behavior
Aggressive driving behaviors, such as speeding, tailgating, and road rage, can result in drivers being less
attentive to pedestrians and more likely to engage in risky maneuvers.
Drowsy driving and walking
Fatigued drivers and pedestrians have slower reaction times and impaired judgment, making accidents more likely.
Contact Us Today!
Pedestrian accidents can be devastating, resulting in physical, emotional, and financial burdens. Having a dedicated
pedestrian accident lawyer by your side can make a significant difference in your ability to recover the compensation
you deserve. At Friedland & Associates, our experienced legal team is committed to providing personalized
representation, guiding you through every step of the legal process, and advocating for your rights.
If you or a loved one has been involved in a pedestrian accident, contact us today for a free consultation to
discuss your case and learn how we can help you navigate the path to recovery.