How Pedestrian Accident Claims Differ From Vehicle Collision Cases
Pedestrian accidents are often more complicated than vehicle collision cases due to the severity of injuries and the unique legal aspects involved. When a pedestrian is struck by a vehicle, the consequences can be devastating, often leading to life-altering injuries.
It’s essential to understand how these cases differ from traditional vehicle collision claims in terms of legal responsibility, the evidence required, and the types of compensation available. A pedestrian accident attorney plays a critical role in managing these intricacies, making sure that the injured party receives justice.
At Slechter Law Firm in Louisville, Kentucky, the firm understands the nuances involved in pedestrian accident claims and how they vary from vehicle collision cases. Their experience in handling such claims allows them to provide personalized guidance and legal representation for pedestrians injured in accidents.
Read on for more information on how pedestrian accident claims differ from vehicle collision cases and how having an experienced attorney can make a significant difference in your case.
Legal Responsibility in Pedestrian Accidents
One of the primary differences between pedestrian accidents and vehicle collision cases is the legal responsibility of the involved parties. In a vehicle collision, both drivers share the responsibility to follow traffic laws and drive safely. However, in pedestrian accidents, the driver is often presumed to be at fault, particularly if they were negligent in yielding the right of way.
Drivers are required by law to give pedestrians the right of way at crosswalks and stop for them in certain situations. If a driver fails to do so, they may be held liable for any injuries sustained by the pedestrian. However, pedestrians also have a responsibility to obey traffic signals and avoid jaywalking, which can affect the outcome of the case if they’re found to be partially at fault.
The legal process is different when it comes to proving fault in pedestrian accidents. Unlike a standard vehicle collision where both parties may share responsibility, in pedestrian accidents, there’s often a more straightforward determination of fault. However, the specific circumstances of the accident, such as weather conditions or road design, may also impact the case.
Understanding the legal process for pedestrian accidents is crucial, as this can affect the outcome of your case. Next, it’s important to consider the types of evidence that are often involved in pedestrian accident claims.
Types of Evidence in Pedestrian Accident Claims
When handling a pedestrian accident claim, the types of evidence you collect can play a critical role in proving fault and the extent of your injuries. In vehicle collisions, evidence is often straightforward, such as police reports, witness statements, and vehicle damage assessments.
However, pedestrian accident cases often require more detailed and specific types of evidence to support the claim.
Some important types of evidence to gather in a pedestrian accident case include:
Traffic camera footage – Footage from nearby traffic cameras or surveillance cameras can be invaluable in showing the exact moment of the accident.
Witness statements – Eyewitnesses can provide testimony about the conditions leading up to the accident and help establish the driver's negligence.
Medical records – Comprehensive medical documentation is crucial to prove the extent of the injuries, treatment received, and long-term impact.
Police reports – Official reports can provide an unbiased account of the accident and help establish fault.
Accident scene photographs – Photos of the scene, including the location of the accident, damage to the vehicle, and any traffic signals, can provide vital context.
By collecting this evidence, it becomes much easier to establish liability and prove that the pedestrian’s injuries were directly caused by the defendant’s actions. With this in mind, understanding how damages are determined in pedestrian accident cases is equally important.
Damages in Pedestrian Accident Cases
The types of damages available in pedestrian accident cases can differ significantly from those in vehicle collision claims. Pedestrians who are struck by vehicles often suffer more severe injuries due to the lack of protection, which means the damages awarded are often higher to cover the extensive costs associated with long-term care and rehabilitation.
Damages in pedestrian accident cases may include:
Medical expenses – Covers current and future medical treatments, surgeries, physical therapy, and rehabilitation.
Lost wages – If the pedestrian is unable to work due to their injuries, compensation for lost wages may be awarded.
Pain and suffering – Compensation for the physical and emotional distress caused by the accident.
Permanent disability – If the pedestrian suffers permanent injuries that affect their ability to live independently, additional compensation may be provided.
Emotional distress – Pedestrians may also be compensated for the emotional toll the accident has taken on their mental health.
The severity of the injuries sustained in pedestrian accidents often leads to higher damage claims, but these damages must be properly documented and supported by medical professionals. Once damages are established, it’s essential to understand how insurance companies handle these types of cases.
Insurance Claims in Pedestrian Accidents
Insurance companies handle pedestrian accident claims differently than vehicle collision cases due to the unique nature of pedestrian injuries. In vehicle collisions, insurance adjusters typically focus on property damage and vehicle repairs, but in pedestrian accidents, they must consider the significant medical costs and potential long-term effects on the pedestrian’s life.
Insurance companies may initially attempt to downplay the severity of injuries or deny liability altogether. That’s why having a pedestrian accident attorney is critical in pursuing fair compensation from the insurance company.
A pedestrian accident attorney can handle the negotiations, deal with the insurance adjusters, and make sure that you receive justice for your medical expenses, lost wages, and pain and suffering.
Additionally, if the responsible driver is uninsured or underinsured, an experienced attorney can help explore other options for compensation, such as pursuing a claim with your own insurance company or taking legal action against the driver directly.
When dealing with insurance companies, it's essential to have strong legal support to protect your rights. Now, the next step is to understand how liability can be impacted by specific circumstances, such as weather conditions or road design.
Factors Affecting Liability in Pedestrian Accidents
Several factors can affect liability in pedestrian accident cases, including the conditions surrounding the accident, the behavior of both the pedestrian and the driver, and the overall design of the area where the accident occurred.
For example, accidents that occur at poorly marked crosswalks or intersections with unclear traffic signals may shift some responsibility onto the city or municipality for not providing a safer environment for pedestrians. In contrast, weather conditions such as fog or rain may also play a role in determining fault, especially if the driver failed to adjust their driving to the conditions.
It’s important to evaluate all the factors involved, as they can impact the case’s outcome. A pedestrian accident attorney can investigate these circumstances in depth to determine who should be held liable for the accident. With all these factors in mind, it’s essential to move forward with filing a claim.
Contact a Pedestrian Accident Attorney Today
Slechter Law Firm offers personalized legal representation for those injured in pedestrian accidents, helping you pursue the justice you deserve. Located in Louisville, Kentucky, the firm serves clients throughout the state, including Lexington. Contact Slechter Law Firm today to schedule a consultation with an experienced pedestrian accident attorney and start the process of protecting your rights.