If a pedestrian is injured while walking in public or on private property, could the negligent party face a personal injury lawsuit filed by the injured pedestrian?
Hit By a Car While Walking?
Nobody expects to be involved in a pedestrian accident, yet auto-pedestrian accidents often happen. A pedestrian accident occurs every few minutes in the US. Pedestrians are injured and killed every day by negligent drivers. In most states, a pedestrian can recover damages in a lawsuit against a driver when the accident was at least partially the driver’s fault. The pedestrian files a personal injury lawsuit against the driver. A driver who is not convicted of a drunk or drugged driving crime may still be held liable in a pedestrian accident lawsuit.
Who Can Sue in a Pedestrian Accident Case?
Any pedestrian injured by the fault of another person or entity can sue. If you have suffered a serious injury or lost a loved one, you may be able to get compensation for your loss with a pedestrian accident lawsuit. Victims of pedestrian accidents who suffer non-fatal bodily injuries may be able to get compensation for damages.
Who is responsible for a pedestrian accident injury?
When a person becomes injured in a pedestrian accident, they often want to pursue legal action in order to recover financial compensation, but who is responsible? If a city has improper or hidden signs on a street or dangerous walkways, it could be held responsible for pedestrian accidents. A driver who hits a pedestrian with their vehicle will likely be faced with a personal injury lawsuit from the person they hit. Punitive damages are more commonly pursued cases of drunk driving and hit-and-run accidents. A pedestrian hit by a car in a crosswalk may have to bring a lawsuit against the driver of the car in order to pay for the injuries.
Frequently Asked Questions About Pedestrian Accident
In a single car crash the driver of that car is usually at fault. This means the passengers in the vehicle can make a recovery if their vehicle is insured. Other cars may be at fault, but you need the information on those cars to be able to pursue a case. Consult with a personal …
What happens if the driver who hit me was uninsured or under insured e.g. had insurance but the insurance is less than my case is worth?
If the driver that hit you was uninsured or underinsured check your policy to see if you have this type of coverage. If there is no coverage anywhere its probably a case that has no value. To be absolutely sure consult with a personal injury lawyer and make sure the consultation is free. The exception …
My pedestrian accident was clearly the driver’s fault and he was cited. Why should I hire a lawyer and have to pay him out of my settlement?
If your pedestrian accident was clearly the other drivers fault you should hire a lawyer to make sure the insurance company pays a fair amount. I’d rather you hire my competition than deal with an insurance company yourself. I have handled thousands of injury claims. You hopefully only ever have to handle one. People come …
I think the driver was texting when I was hit but he claimed I ran out into the street. How can I prove he was texting and driving?
You can prove a driver was texting by sending a subpoena to their wireless carrier. To do so the case needs to be in litigation meaning a lawsuit has been filed. A personal injury lawyer can help you recover the documentation to prove they were texting and driving.
Do I still have a case if I was cited for not crossing at a crosswalk even though I was struck and injured by a car?
Depending on your injuries there is probably a case if you were cited for not crossing at a crosswalk while struck. A jury can split up fault for a crash. Not crossing in a crosswalk will hurt the case, but if the other driver was negligent there can be a recovery. I have recovered large …
Do I have to cross the street at an intersection or use a crosswalk to have the right to sue if I am injured as a pedestrian?
There is no requirement you cross the street at an intersection or use a crosswalk to sue for injuries. The totality of the circumstances will be taken into account. For example, if the other driver is speeding, texting, or doing something negligent you can sue them. It is possible for a jury to split up …