Pedestrian accidents typically happen when drivers become distracted at the wheel, violate traffic laws, or drive while intoxicated. The force of an accident may cause a pedestrian to hit the ground with significant force, resulting in serious injuries like broken bones, head trauma, or back injuries.
If you sustained injuries in a pedestrian collision, it’s important that you contact experienced legal counsel in your area right away. A knowledgeable Charlotte pedestrian accident lawyer can file a claim or lawsuit on your behalf, seeking the compensation you deserve.
The amount of time it takes to settle a pedestrian accident case depends upon various factors, including the extent of the pedestrian’s injuries, the willingness of the parties to settle, and whether a lawsuit is necessary in the case. An experienced attorney can streamline the process for you, helping you obtain the compensation you need as quickly as possible.
Common Injuries in Pedestrian Accidents
Pedestrian accidents are a serious concern, often resulting in severe injuries due to the vulnerability of individuals on foot compared to the relative safety that enclosed vehicles provide. Unfortunately, driver negligence is a leading cause of these incidents.
- One of the most frequent injuries sustained in pedestrian accidents is fractures. The force of a vehicle striking a person can easily break bones, particularly in the legs and pelvis, due to the height of car bumpers. The force of the collision can also cause fractures in the arms and wrists as pedestrians attempt to break their falls.
- Head injuries are another prevalent and particularly dangerous consequence of pedestrian accidents. In a collision with a vehicle, the pedestrian may hit their head on the windshield, the hood of the car, or the ground, leading to concussions or other traumatic brain injuries (TBIs). These injuries may have long-lasting effects, including cognitive impairment, memory loss, and even permanent brain damage.
- Spinal cord injuries are also common and can be devastating. The sudden collision may cause damage to the pedestrian’s vertebrae, potentially leading to partial or complete paralysis. Such injuries not only alter the victim’s quality of life but also require extensive medical care and rehabilitation.
- Soft tissue injuries, including cuts, bruises, and lacerations, frequently occur as well. While these may seem less severe, they can still cause significant pain, require stitches, and lead to infections or permanent scarring.
If you suffered any of these injuries in a recent pedestrian accident, a skilled pedestrian accident lawyer in your area can take legal action on your behalf while you recover from your injuries.
How and Where Do Pedestrian Accidents Most Frequently Occur?
Driver negligence is a major contributor to pedestrian accidents, often leading to serious injuries and fatalities.
- One common type of driver negligence is distracted driving. This occurs when drivers divert their attention from the road, often due to texting, talking on the phone, eating, or using in-car technologies. Distracted drivers are less likely to notice pedestrians crossing the street or stepping onto the road, increasing the risk of accidents.
- Speeding is another significant factor in pedestrian accidents. When drivers exceed speed limits, they have less time to react to a pedestrian. High speeds also result in more severe impacts during collisions, leading to more serious injuries for pedestrians.
- Running red lights or stop signs is a form of reckless driving that often leads to pedestrian accidents. Drivers who ignore traffic signals can easily collide with pedestrians legally crossing at intersections. This type of negligence is particularly dangerous at busy crossroads where pedestrians rely on signals for safe passage.
- Driving under the influence of alcohol or drugs greatly affects a driver’s ability to operate a vehicle safely. Intoxicated drivers have reduced reaction times, impaired judgment, and decreased coordination, making it more likely for them to strike pedestrians.
- Failing to yield the right-of-way is another common form of driver negligence. Drivers are required to yield to pedestrians at crosswalks and intersections, but some fail to do so – either due to ignorance of the law or impatience. This often leads to accidents, particularly in urban areas with heavy foot traffic.
Pedestrian accidents due to driver negligence are most common in several specific locations. Traffic intersections are high-risk areas because they are where pedestrians and vehicles frequently cross paths. Busy urban areas, especially in cities, see a higher incidence of these accidents due to the dense population and significant pedestrian activity.
Parking lots are also common sites for pedestrian accidents. Drivers backing out of spaces or navigating through lots may not see pedestrians walking behind them or emerging from between parked cars. Additionally, residential areas can be hazardous – particularly for children playing outside or people walking their pets, as drivers may not expect pedestrians and may drive too fast for the conditions.
Factors that May Affect the Length of a Pedestrian Accident Claim
Several factors can affect the length of a pedestrian accident case, influencing how quickly it is resolved. Understanding these factors helps in setting realistic expectations and preparing for the process.
- One major factor is the severity of the injuries sustained. If a pedestrian suffers serious injuries, such as TBIs, spinal cord damage, or multiple fractures, the case is likely to take longer. This is because the medical treatment and recovery period can be extensive, and it is crucial to fully understand the long-term effects of the injuries before settling the case. Medical experts may need to provide detailed reports, which can extend the timeline.
- The complexity of establishing liability also affects the duration of a pedestrian accident case. If there were several drivers involved – and there are disputes about who was ultimately responsible for the accident – it can take longer to gather evidence, interview witnesses, and possibly even reconstruct the accident scene.
- Insurance company negotiations also play a significant role in the length of a pedestrian accident case. Insurance companies may initially offer low settlements, leading to prolonged negotiations. If the initial offers are deemed insufficient, the pedestrian’s legal team may need to engage in extensive back-and-forth discussions to reach a fair settlement. In some instances, the case may need to go to court, which significantly extends the timeline due to the scheduling of court dates and the length of the trial process.
- Legal procedures and court schedules themselves can cause delays in pedestrian accident cases. The legal system often has backlogs, meaning that even straightforward cases can take time to work their way through the system. The availability of lawyers, judges, and expert witnesses can also affect the timeline.
- Finally, the willingness of both parties to settle can greatly influence how long a case takes. If both the pedestrian and the driver (or their insurance company) are motivated to reach a resolution quickly, the case can be settled in a matter of months. However, if either party is uncooperative or there is significant disagreement over the settlement terms, the case can drag on for years.
When is Litigation Necessary in a Pedestrian Accident Case?
Litigation may become necessary in a pedestrian accident case when certain conditions arise that prevent an out-of-court settlement. Understanding when to pursue litigation and the steps involved can help with navigating the legal process more effectively and efficiently.
Litigation is often necessary when liability is disputed. If the driver denies fault or the insurance company refuses to accept responsibility, proving who caused the accident may require legal intervention. Additionally, litigation might be required when the settlement offer is insufficient. Insurance companies often propose lower settlements to minimize their payout. If the offered amount does not adequately cover medical expenses, lost income, and other damages, taking the case to court may be the best option.
Serious injuries can also lead to litigation. In cases involving significant injuries, the long-term effects and future medical needs may be complex, requiring expert testimony and detailed evidence that is best handled through a formal legal process. Lastly, litigation may be necessary if the statute of limitations is approaching. If negotiations are dragging on and the deadline to file a lawsuit is near, filing a lawsuit can preserve the right to seek compensation.
The litigation process begins with the filing of a complaint. The pedestrian’s attorney drafts a legal document outlining the allegations against the at-fault driver (the defendant) and the basis for the lawsuit. This complaint is then filed with the court and served on the defendant, who must respond within a specified timeframe.
Next, the discovery phase begins. During discovery, both parties exchange information relevant to the case. This can include medical records, accident reports, witness statements, and depositions, where witnesses and parties give sworn testimony. Discovery helps both sides understand the evidence and build their respective cases.
After discovery, pre-trial motions may be filed. These motions can request the court to rule on specific legal issues or dismiss parts of the case. For instance, a motion for summary judgment may be filed if one party believes there is no factual dispute and the case can be decided on legal grounds alone.
If the case is not resolved through pre-trial motions, it proceeds to trial. During the trial, both sides present their arguments, call witnesses, and provide evidence. A judge or jury then decides the case based on the presented evidence.
If the verdict is in favor of the injured pedestrian, the court awards damages. However, the losing party can appeal the decision, which can further extend the litigation process. An experienced pedestrian accident attorney can help you manage expectations in your case and prepare for litigation (if necessary).
Types of Available Damages in Pedestrian Accident Cases
In pedestrian accident claims, victims can seek various types of damages to compensate for their losses. A knowledgeable pedestrian accident lawyer will work to ensure that all aspects of the victim’s suffering and financial burden are addressed.
- The most common type of damage is medical expenses. This includes compensation for hospital stays, surgeries, medications, physical therapy, and any other medical treatment required as a result of the accident. It also covers future medical costs if the injuries require long-term care or ongoing treatment.
- Another significant type of damage is lost income. If the pedestrian’s injuries prevent them from working, they can claim compensation for the income they would have earned during their recovery. They may also receive compensation for loss of future earning capacity if they are unable to return to the same job at the same rate of pay.
- Pain and suffering damages are also available. These are non-economic damages meant to compensate for the physical pain and emotional distress resulting from the pedestrian accident. Factors like the severity of injuries, the pain experienced, and the effect on the victim’s quality of life are considerations when determining the amount of these damages.
- Loss of enjoyment of life is another form of non-economic damage. If the victim can no longer engage in activities or hobbies they once enjoyed because of their injuries; they can seek compensation for this loss. For example, if the pedestrian was an avid runner but could no longer run due to their injuries, this would be considered a loss of life enjoyment.
- Permanent disability and disfigurement damages address the long-term effects of the pedestrian accident. If the injuries result in permanent disability or visible scars, the victim can claim damages for these enduring consequences. These damages recognize the lasting effect on the victim’s life and self-esteem.
- In some cases, punitive damages may also be available. Unlike compensatory damages, which cover the victim’s losses, punitive damages punish the at-fault party for particularly egregious behavior. These damages typically apply in pedestrian accident cases involving intentional misconduct or gross negligence, such as drunk driving.
- Lastly, the victim’s spouse or family members may claim damages for loss of consortium. These damages compensate for the loss of companionship, support, and affection that loved ones suffered due to the victim’s injuries.
Contact an Experienced Pedestrian Accident Lawyer Near You Today
Pedestrian accident victims frequently suffer debilitating injuries due to driver negligence. If you suffered injuries in a pedestrian collision, a skilled pedestrian accident attorney in your area will work to streamline the case and resolve it as efficiently and favorably as possible.