What Are Common Pedestrian Accident Injuries?
Walking is a healthy exercise and a way to get around for many. Walking, however, puts individuals at risk of a pedestrian accident. Every year, thousands of Americans experience this terrifying reality.
Pedestrian accidents are a pervasive issue across the United States and can result in various injuries with permanent consequences for victims. As a victim of a pedestrian accident, you may pursue compensation for your injuries and other damages, and a pedestrian accident attorney in Phoenix can help you throughout legal complexities.
Understanding the nature of pedestrian accidents, the common injuries, and your overall rights as a victim can protect your interests after an accident and secure legal assistance to fight for the compensation you deserve.
Common Injuries From Pedestrian Accidents
Pedestrian accidents can lead to minor and severe injuries. In the worst cases, they could even result in death. The severity and type of injury largely depend on the speed and size of the vehicle in the crash, the nature of the impact, and the physical health of the pedestrian. All injuries, regardless of their severity, can damage your life, but personal injury laws allow you to recover compensation for them.
Minor Injuries
You may think a minor injury from a pedestrian accident is not an issue for concern. Even cuts, bruises, sprains, fractures, and other seemingly minor injuries can significantly interfere with your day-to-day life and leave you with costly medical bills. A minor injury could even become more serious or cause chronic issues later.
While cuts and bruises may not seem serious initially, they can lead to additional complications, such as infections, discomfort, and pain. If the cuts are too deep or long, preventing permanent scarring may require surgery.
Sprains and fractures often cause disabling pain and limited mobility. These injuries require medical treatment and rehabilitative therapy. Your recovery may necessitate time away from work, leading to lost income.
Major Injuries
Serious injuries are common and have short- and long-term consequences for your physical, emotional, and financial health, as being a pedestrian in an accident with a vehicle makes you vulnerable.
Head and brain injuries from a pedestrian accident can lead to cognitive impairment, memory loss, or even permanent brain damage. These injuries could result from a direct impact from the vehicle or your head hitting the ground or another object. The symptoms of a brain injury may not appear until days or weeks after the accident, so it is crucial that you seek immediate medical attention, even if no injuries are apparent.
Spinal cord injuries may result in partial or total paralysis, leading to lifelong disability. Injuries to the spine often involve extensive medical intervention and rehabilitation. Spinal cord injuries include herniated disks and fractured vertebrae and can have severe consequences for a person’s quality of life and mobility. These injuries can cause psychological and emotional distress along with physical limitations.
Treatment and rehabilitation for spinal cord injuries can lead to heavy costs, including surgeries, medication, and potentially lifelong physical therapy. Victims may even have to adapt their homes and lifestyles to accommodate their needs.
Breaks and fractures may require multiple surgeries and prolonged physical therapy. Victims may experience complications from bone fractures during the healing process that could lead to lifelong issues and chronic pain.
Pedestrian accidents may also result in severe joint damage to the ligaments, tendons, or cartilage. The knees, hips, and shoulders tend to absorb the brunt of the impact during an accident, making them the most common areas to sustain injuries. Joint injuries might impair movement, create stability issues, and leave behind long-term pain that could hinder your daily activities. Such injuries often require long-term physical therapy and surgical intervention in severe cases.
The force of the impact from a pedestrian accident may result in injuries to the internal organs. Damage to the heart, lungs, or other vital organs can have particularly serious long-term implications, requiring extensive medical treatments and leading to chronic health issues. Injuries to the internal organs, like other serious injuries, can have major consequences for your daily life, including your ability to work and support yourself.
In the direct outcomes, a pedestrian accident can be fatal. The most vulnerable individuals in the population, such as children and the elderly, are often at the highest risk in a pedestrian accident. The deceased’s family has the right to file a wrongful death lawsuit against the liable parties in such instances.
An understanding of the potential injuries and serious nature of pedestrian accidents highlights the importance of seeking a lawyer. Your lawyer will file an accident claim or lawsuit against the at-fault party to pursue the compensation you deserve.
Legal Remedies for Pedestrian Accident Victims Suffering Injury
The injuries from a pedestrian accident can be devastating, but you must remember that victims have legal rights. You do not have to face the chaotic and difficult legal process alone. Personal injury law provides you with a legal avenue for pursuing compensation for your injuries and losses.
Personal injury law is a legal field that gives injured parties from negligence-related accidents the right to sue the at-fault party. This allows victims of pedestrian accidents to file a legal claim or lawsuit against the motorist or other party whose negligence caused their injuries.
Negligence in Pedestrian Accident Cases
Negligence is the basis for proving who is responsible for the accident. Negligence essentially refers to one’s failure to exercise the level of care that a reasonable person would exercise in a similar situation. Once a victim’s claim or lawsuit proves the negligence of another party, they can hold the other party liable for the injuries they suffered.
Pedestrian Accident Liability
Liability refers to legal responsibility for an accident and the resulting injuries to the victims. The liable party is typically responsible for the damages the victim suffered. Identifying and proving liability is a critical component in a pedestrian accident case and often requires the knowledge and experience of a skilled pedestrian accident attorney.
Gathering Evidence for a Pedestrian Accident Claim
To successfully file a pedestrian accident claim or lawsuit, it is necessary to collect evidence proving negligence and liability. Such evidence may include police reports, eyewitness statements, surveillance footage, and medical records. A comprehensive collection can significantly bolster the strength of your claim and increase your chances of receiving adequate compensation.
To navigate the legal complexities of pedestrian accident injuries and secure justice, victims should seek a skilled attorney’s assistance. Pedestrian accident lawyers can build a compelling case, negotiate with insurance companies, and fight on your behalf for the maximum compensation.
The Process of a Pedestrian Accident Claim
Review the pedestrian accident claim process once you understand the types of injuries and legal remedies available. This multi-step process can especially intimidate some victims and involves numerous intricacies, deadlines, and potential pitfalls. An overview of the general procedure can explain what to expect when hiring a pedestrian accident lawyer to represent you.
Initial Meeting With a Pedestrian Accident Attorney
The first step in pursuing a pedestrian accident claim is meeting with a personal injury attorney to discuss the details of your accident, your injuries, and any potential liability issues. The attorney will evaluate the merits of your claim and provide insight on the best course of action. Many personal injury firms offer personal injury victims a free initial evaluation.
Investigation of the Accident
Once you hire an attorney to represent your interests, they will thoroughly investigate the accident and its cause. This involves gathering all evidence, such as police reports, medical records, eyewitness testimonies, and accident scene photos, building a strong case as to the extent of your injuries and the negligent party’s liability.
Negotiation Attempts Prior to a Lawsuit
Once your attorney collects the supporting evidence, they will work to negotiate a settlement with the at-fault party or their insurance company. This involves presenting a demand letter outlining the facts of the accident, the extent of your injuries, any evidence of negligence, and the compensation you seek. Negotiations can involve several discussions, offers, and counteroffers between your attorney and the liable party.
Filing a Pedestrian Accident Lawsuit
If negotiations are unsuccessful or unsatisfactory, your lawyer might advise you to file a lawsuit against the liable party to initiate a formal court process. This step usually spurs serious settlement talks. If a settlement is not possible, the case will proceed to trial.
Negotiating a Settlement
Even after filing a lawsuit, there are ample opportunities for settlement negotiations between parties. This typically happens after the discovery phase but before trial, as each party gains a deeper understanding of the other side’s case and the strength of their evidence.
Going to Trial
If no settlement agreement occurs after further negotiation attempts, your pedestrian accident case will go to court. The judge or jury will present the evidence, determine liability, and award damages if the verdict favors you.
The legal process following a pedestrian accident is complex and demanding. A skilled pedestrian accident attorney is an invaluable asset, protecting your interests and tirelessly advocating for your rightful compensation.
Compensation in Pedestrian Accident Injury Cases
When you suffer injuries from a pedestrian accident, you will likely experience the financial burden of medical bills, lost income, and other related expenses. The law provides avenues for victims to seek compensation for their losses, or damages, in a pedestrian accident lawsuit.
The damages in a pedestrian accident claim consist of economic damages (which include specific costs such as medical bills and loss of income), non-economic damages (for intangible losses such as pain and suffering), and, in certain cases, punitive damages.
Types of Compensation Available
- Medical expenses: This includes past and future medical expenses related to your injuries, such as costs for emergency room visits, surgeries, medication, rehabilitation, and any necessary adaptive equipment or home modifications.
- Lost income: If your injury has caused you to miss work or reduced your ability to earn an income in the future, you may seek compensation for these losses.
- Pain and suffering: This accounts for the physical pain and emotional distress the accident and your resulting injuries caused.
- Loss of consortium: In some cases, a spouse can recover damages for the loss of companionship or services of the injured or deceased person.
- Punitive damages: Punitive damages punish the defendant’s particularly reckless actions and deter similar conduct.
Robert W. Boatman, Pedestrian Accident Attorney in Phoenix
The compensation you could receive depends on the severity of your injuries, the extent of the other party’s negligence, and the type and quality of evidence you provide to support your claim.
An experienced pedestrian accident attorney will identify, document, calculate, and prove your accident-related losses to fight for the maximum compensation possible. They guide you through the complexities of the legal system and professionally advocate on your behalf to secure the best possible outcome.