Do I Need a Pedestrian Accident Attorney?

Being the victim of a pedestrian accident can be an incredibly difficult time in your life. In the next weeks and months, your life will change beyond recognition. You must fill out legal documents, collect evidence, and communicate with your insurance company while obtaining medical care. Fortunately, you do not have to handle the legal matters yourself. You can hire a pedestrian accident attorney to pursue legal action.

Common Causes of Pedestrian Accidents

A dangerous situation at a city street crosswalk with people.

Pedestrians end up getting hit by cars in a wide range of accidents. While the causes of those accidents vary greatly, some of the most common ones are:

Failure To Yield At Crosswalks

Authorities design crosswalks to offer pedestrians a safe passage across the road. However, accidents can occur when drivers fail to yield to pedestrians in these designated areas.

In most jurisdictions, laws explicitly mandate that drivers must yield to pedestrians at crosswalks. Failure to do so often results in the driver being held liable for any accidents that occur as a result. Injured pedestrians can often use traffic camera footage or eyewitness accounts to prove that the driver did not yield, thus establishing liability.

Distracted Driving

Distracted driving has exponentially become a growing concern with the increasing use of smartphones and other electronic devices. Each year, distracted drivers claim the lives of more than 3,000 Americans. Pedestrians account for a sizable percentage of these deaths.

When drivers divert their attention from the road to text, call, or engage with their gadgets, they may not notice pedestrians crossing the street.

Drivers have a legal duty to maintain focus while driving. If an accident occurs due to distracted driving, the driver can be liable for negligence. Phone records, dashcam footage, or social media activity can demonstrate that the driver was distracted during the accident.

Speeding

Speed limits are set for a reason, often considering the safety of pedestrians in the area. Driving faster than the speed limit or too fast for conditions reduces the driver’s ability to react in time to avoid collisions and, at the same time, increases the likelihood of accidents.

When drivers exceed the speed limit and cause an accident, they are usually deemed responsible for the consequences. Speeding violations can be tracked through traffic cameras or police reports, providing substantial evidence for injured pedestrians to claim liability.

Disobeying Traffic Signals

Traffic signals and signs are integral to road safety. They help guide the flow of both vehicular and pedestrian traffic. When drivers disobey these signals, they disrupt this flow and create dangerous pedestrian situations.

Running a red light or ignoring a stop sign can make a driver liable for any resulting accidents. Traffic signal timing records, witness statements, and video footage can help establish that the driver did not obey traffic signals and prove their liability.

Rolling Stops

A rolling stop occurs when a driver slows down at a stop sign but fails to come to a complete halt. This practice can be particularly hazardous at intersections where pedestrians are crossing.

Traffic laws require drivers to come to a full stop at stop signs. Failing to do so, especially if it results in an accident, can make the driver liable. Witnesses or video footage can help prove that the driver performed a rolling stop when they hit a pedestrian.

Failure to Slow Down in School Zones

School children wearing medical masks cross the road. They are on their way to school.

Authorities mark school zones with reduced speed limits to protect children who may be crossing the street. Drivers who fail to heed these lower speed limits endanger young pedestrians.

Stricter penalties often apply for speeding in school zones. Drivers who fail to slow down and cause an accident can face steep legal consequences. School zone speed limits are typically enforced with cameras, making it easier to prove liability when accidents occur.

Driving Under the Influence

Driving under the influence (DUI) of alcohol or drugs impairs a driver’s judgment, reaction times, and overall ability to operate a vehicle safely. This impairment can drastically increase the risk of pedestrian accidents. Drunk driving is one of the most common causes of fatal accidents, as statistics show that about half of all drivers involved in fatal accidents test positive for alcohol with a blood alcohol concentration (BAC) of 0.15 or higher while the legal limit is 0.08.

DUI is a criminal offense, and drivers found under the influence during an accident will almost always be held liable. Blood alcohol content (BAC) tests, police reports, and witness testimonies can serve as concrete evidence to prove the driver’s liability in DUI-related pedestrian accidents.

Things to Consider When Deciding Whether or Not You Need a Pedestrian Accident Attorney

Many people may feel like standing at a crossroads when deciding whether or not they need legal counsel. Asking yourself the following questions can guide you toward the right decision in your specific case:

How important is the compensation I receive to my future?

The compensation you receive from a claim after a pedestrian accident can cover various damages — from medical expenses and lost income to pain and suffering. Securing adequate compensation becomes crucial if your injuries are severe and have long-term consequences.

For example, did you know that the average cost of an evident injury from a motor vehicle accident is tens of thousands of dollars or more? You do not want to settle your claim for less than what you deserve. An experienced attorney can help ensure you receive a fair settlement that accounts for all your future needs.

Will it be easy to prove the extent of my injuries?

Proving that your injuries are severe may be daunting, particularly if they are not immediately apparent or worsen over time. Medical documentation, professional testimony, and thorough evidence collection are often required. An attorney can navigate this process, ensuring all relevant information is gathered and presented effectively.

Do I anticipate any disputes regarding fault?

Road accident: Pedestrian knocked down, driver upset in front of car collision.

Fault after a pedestrian accident can be a contentious topic. Drivers may claim you were jaywalking, distracted, or otherwise at fault, while you may argue that the driver was at fault. An attorney can investigate the accident, gather evidence, and build a strong case to counter the driver’s claims, making you more likely to receive the compensation you deserve.

Am I comfortable handling my legal matters on my own?

Navigating the legal process may be difficult when unfamiliar with personal injury law. Filing paperwork, meeting deadlines, and negotiating with insurance companies require time and legal knowledge. An attorney can take care of the legal side of things, allowing you to focus on your recovery.

Do my injuries affect my work or daily activities?

Injuries that impact your ability to work or perform daily activities can affect your quality of life and financial stability. An attorney can help quantify these losses and fight for compensation that reflects the true impact on your life to ensure that you don’t settle for less than you deserve.

Can I counter the insurance company’s manipulative tactics on my own?

Insurance companies often employ tactics to minimize payouts to claimants by downplaying the severity of their injuries or pressuring them to settle quickly. A skilled pedestrian accident lawyer is familiar with these tactics and can protect your interests, negotiating on your behalf to secure a fair settlement.

Do I have the time and ability to collect evidence on my own?

Collecting evidence can be time-consuming and physically demanding, particularly if you are recovering from injuries. Your lawyer will have the resources and experience to gather and preserve crucial evidence, so you don’t have to worry about it.

Can I decide when to settle and when to go to court?

Deciding when to accept a settlement offer and when to pursue litigation can be challenging. An attorney can provide valuable guidance, helping you understand the strengths and weaknesses of your case and advising you on the best course of action to maximize your compensation. If you decide to go to court, you must know the statute of limitations. In Oklahoma, for example, this time limit is two years from the date of injury.

How Can a Pedestrian Accident Attorney Help?

“But what exactly do attorneys do that makes seeking legal counsel so valuable after a pedestrian accident?” you might be wondering. There are many ways a pedestrian accident lawyer can support you, including:

A road warning sign isolated on a white background, featuring a man walking symbol and the message "Caution: Crosswalk Present."

Accident investigation and reconstruction. Your attorney will meticulously gather all relevant details surrounding the incident. This includes examining the accident scene, collecting police reports, and obtaining medical records. In some cases, they may enlist the help of accident reconstruction specialists who can recreate the events leading up to the collision. This comprehensive investigative approach establishes the foundation for your claim and ensures that all aspects of the accident receive consideration.
Hiring expert witnesses. Expert witnesses can provide invaluable insights and testimony to strengthen your case. These professionals, who may include medical professionals, vocational rehabilitation specialists, and economists, offer their specialized knowledge to explain how the accident has impacted your life. By presenting these professional opinions, your attorney can provide compelling evidence to support your compensation claim.
Identifying and preserving evidence. Your attorney will take prompt action to identify and preserve all available evidence. This may involve securing physical evidence from the accident scene, such as skid marks or vehicle debris, and ensuring that any relevant documents, like medical records and repair bills, are collected.
Identifying and interviewing potential eyewitnesses. Your attorney will identify and interview potential witnesses, including bystanders, other drivers, and passengers who may have seen the incident. Conducting these interviews gathers detailed statements that can support your claim.
Obtaining surveillance footage, dash cam video, etc. Surveillance cameras, dashcams, and even smartphones may have captured the accident. Your attorney will work diligently to obtain footage that may have recorded the incident. This visual evidence can provide an unbiased account of what transpired, making it a critical component of your case.
Obtaining the official accident report. This report, typically filed by law enforcement officers who responded to the scene, includes information such as the accident’s date, time, and location and statements from involved parties and witnesses. Your attorney will obtain a copy of this report and review it for accuracy. If there are any discrepancies or inaccuracies, they will take steps to address them.
Advising you on official statements to the insurance company. Your attorney will advise you on handling interactions with the insurance company, ensuring you do not inadvertently say or do something that can harm your case. They will guide you in providing accurate and concise statements, emphasizing the importance of not accepting fault or downplaying your injuries.
Negotiating with the insurance company. Negotiations involve presenting your case, providing evidence of liability and damages, and advocating for a fair settlement. Insurance adjusters are trained negotiators aiming to protect their company’s bottom line, but your attorney will leverage their experience and experience to counter these tactics.
Identifying all available insurance coverage. In many pedestrian accident cases, multiple insurance policies may come into play. Your attorney will thoroughly investigate and identify all potential sources of coverage. This may include the at-fault driver’s liability insurance, your auto insurance policy’s uninsured/underinsured motorist coverage, and other applicable policies.
Calculating damages. Your attorney will assess economic and non-economic damages, including medical expenses, rehabilitation costs, lost income, reduced earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life. They will work with financial professionals, medical professionals, and other specialists to quantify the full extent of your damages.
Referring you to trusted medical providers. Your health and well-being are paramount, and proper medical care is crucial for your recovery and case. Your attorney can refer you to trusted medical providers who focus on treating injuries like yours. These referrals ensure that you receive the best possible care and that your medical records accurately document your injuries and treatment.
Filing a lawsuit if necessary. While negotiation resolves many pedestrian accident claims, some cases may demand litigation for a fair outcome. Litigation involves drafting legal documents, filing them with the court, and serving the defendant. Your attorney will guide you through the litigation process, keeping you informed and prepared at every stage.
Representing you at trial. If your case goes to trial, you need an attorney to represent you, present evidence, question witnesses and make compelling arguments to the judge and jury. They will use their legal experience to advocate for your rights and interests to achieve a favorable verdict.

With your attorney handling your legal case, you can focus on your recovery, knowing your case is in capable hands. If you still aren’t sure how a personal injury lawyer can support you, you might want to schedule a free consultation with one and discuss the details of your case.