While the cause of pedestrian accidents varies, these type of accidents are preventable.
Whether a driver ran a red light, didn’t stop at a pedestrian crossing, was texting and driving, or was just not paying attention to the road, he or she can be held liable for causing a pedestrian’s injuries.
Due to the impact a speeding vehicle can have on a human being, injuries sustained as a result of a pedestrian accident are often debilitating and sometimes fatal.
If you have suffered injuries or property loss after a pedestrian accident, you may be entitled to compensatory damages for:
- Lost wages
- Medical expenses
- Emotional distress
- Loss of consortium
- Pain and suffering
- Loss of earning capacity
Many people automatically assume that a driver is always to blame for causing a pedestrian accident. However, it’s possible for a pedestrian to also be at fault, either completely or partially. Just because a pedestrian is careful does not mean he or she has the right of way. It also does not mean they will be exempt from liability if they were involved in a collision with a vehicle.
By law, drivers and pedestrians must be aware of their immediate surroundings. Following right of way laws may help absolve a driver of criminal wrongdoing, but this will not minimize his or her degree of fault. Even if a person walks across the street and does not use a pedestrian crossing when a driver has a green light, that driver still has a duty of care to avoid hitting that pedestrian.
Likewise, a pedestrian cannot suddenly step off the curb when a car is near. As mentioned, both drivers and pedestrians must be aware of their immediate surroundings and act in a safe manner.
Due to their violent nature, injuries suffered as a result of a pedestrian accident may require costly medical care. It’s likely that an accident victim will have to miss work or school for a long period of time. Sadly, many pedestrian accident victims may never work or live a full life again.
An injured pedestrian is typically entitled to sue for compensatory damages. Compensatory damages after a pedestrian accident may include:
- Counseling
- Lost wages
- Medical bills
- Property loss
- Emotional distress
- Loss of consortium
- Lost earning capacity
- Scarring or disfigurement
- Occupational and Physical Therapy
