Do Pedestrians Always Have the Right of Way?

Pedestrians do not always have the right of way, but they often do. When pedestrian collisions happen, often a motorist disregards the pedestrian’s right of way and crashes into them. Even if a pedestrian does not have the right of way, motorists have a duty to avoid striking them.

Pedestrian accidents regularly cause severe injuries. If you or a loved one suffered injuries after a driver hit you while walking, hire a pedestrian accident lawyer to fight for your financial recovery.

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Motorist Negligence Often Results in Pedestrian Collisions

Authorities advise that motorists must take great care to avoid hitting pedestrians by:

• Being constantly on the lookout for pedestrians
• Reduce speed and exercise abundant caution when driving near pedestrians or in chaotic or low-visibility conditions
• Yield to pedestrians whether or not the pedestrian has a right of way
• Never pass when vehicles are stopped for pedestrians
• Driving in a generally safe, cautious manner

Instead, many failures by motorists increase the risk of a pedestrian accident happening. These failures include:

• Distracted driving, which can cause the motorist to avoid seeing a pedestrian ahead
• Tailgating, which may cause a rear-end accident that leads to a collision being struck
• Driving a vehicle in need of repair, as hazards like defective brakes, burned-out headlines, and bald tires can contribute to pedestrian accidents
• Driving while impaired, which can include alcohol intoxication, drug impairment, tiredness, and emotional instability
• Speeding, which kills several thousand people (including pedestrians) in America every year

Motorists must be sober, alert, and defensive every time they are behind the wheel. Otherwise, they pose an unacceptable risk of striking other motorists, pedestrians, and victims.

More Potential Causes of Pedestrian Accidents

While motorists are often responsible for striking pedestrians, other hazards can be to blame. A pedestrian accident may result from:

• Vehicle defects, which may be the fault of a manufacturer, seller, or vehicle owner
• Road-related hazards, which can include potholes, lack of signage and traffic signals, poor lighting, and insufficient road markings
• Weather-related conditions (like ice), which a municipality may be obligated to address
• Other hazards

Your lawyer will identify the exact reason for your pedestrian accident. When evaluating evidence and witness accounts, your lawyer will determine who is financially responsible for your accident-related damages.

What Pedestrian Accident Victims Must Do to Protect Themselves

There are two general classes of pedestrian accident victims:

1. Those who have personally suffered injuries in a pedestrian accident
2. Those who have lost a loved one due to a pedestrian accident

In either case, these victims deserve to focus on their immediate needs, including their physical and psychological recovery. You can place both your health and your case at the top of your priority list by:

• Seeking immediate, thorough medical attention for injuries from your pedestrian accident
• Hiring a proven, capable pedestrian accident attorney to handle your insurance claim or lawsuit

While you follow your doctor’s advice and prioritize your health, your attorney will fight for the settlement you deserve. Attorneys have paralegals, investigators, and other resources that will directly benefit your case. Let them do what they do while you recover from your injuries.

How a Pedestrian Accident Lawyer Will Pursue Your Compensation

Your attorney and their team will free you of all case-related responsibilities. Your legal representatives will build the strongest case possible and will:

• Secure any evidence that benefits your case: Your lawyer and their investigators will secure any evidence that is relevant to your case. Such evidence may include video footage of a motorist striking you, witness accounts related to the accident, and an expert’s reconstruction of the accident (which can stand in place of video, if necessary).
• Identify liable parties: Your attorney will identify those who caused your accident. Once your lawyer knows who is at fault, they can determine who has financial responsibility for your accident-related damages (including insurers).
• Calculate the precise value of your case: Your lawyer will establish a precise settlement target by calculating the financial cost of your damages. They will detail their calculations in preparation for settlement negotiations.
• Negotiate for a fair financial settlement: Your lawyer will be your proxy during settlement negotiations. Most pedestrian accident cases end with a settlement from insurers, which will be your lawyer’s initial goal.
• Consider the need for a lawsuit: If settlement negotiations stall, your lawyer may broach the subject of filing a lawsuit. Your legal team will get your feedback about filing a lawsuit and pursue a legal case if you decide.
• Take your case to court, if necessary: If you pursue a lawsuit and liable parties still don’t offer a fair settlement, your case may be destined for trial. Your legal team will lead every step of the trial while you continue to recover.

Your attorney will also oversee the daily responsibilities of your case, including paperwork and communications. Accept help after a pedestrian accident, as you deserve it.

Your Attorney Will Protect You by Dealing with Insurance Companies

Dealing with insurers is an essential, potentially risky aspect of pedestrian accident cases. Your lawyer will lead all communications with insurance companies dealing with challenges that may include:

• Claim delays
• Lowball settlement offers
• Unfounded allegations that you caused the pedestrian accident
• Claims that certain losses are not covered by insurance
• Challenging settlement negotiations

Your lawyer will use their experience negotiating with insurance companies in your favor. Any claim-related challenges will not phase your legal team; they will continue fighting for every dollar you are entitled to.

How Do I Select My Pedestrian Accident Attorney?

You should aim to hire the best pedestrian accident lawyer for your case, and you may identify that lawyer by evaluating:

• The law firm’s location: You may seek a law firm close to your pedestrian accident. This will ensure that your lawyer can gather all relevant evidence, serve you in person, and handle local responsibilities.
• The law firm’s case results: Law firms prove their worth during settlement negotiations and trial. If a law firm has an impressive record of settlements and verdicts, you may have confidence that the firm can succeed for you.
• Reviews from law firms’ former clients: Take advantage of former clients’ experiences. Reviews from those clients may give you priceless insight into how a law firm truly operates. While reviews are just one of the many criteria you consider when hiring a lawyer, they are important.
• Your experience during free consultations: You should complete a free consultation with a law firm before hiring them. This consultation can give you an understanding of the law firm’s client service and transparency.

Some law firms have accolades you may consider while searching for a lawyer.

Recoverable Damages a Pedestrian Accident Victims Deserves Money For

While each case is different, pedestrians involved in motor vehicle accidents may suffer similar damages. If you suffered an injury but survived a pedestrian accident, your damages may include:

• Pain and suffering, which can include conditions like post-traumatic stress disorder (PTSD), physical pain, emotional anguish, and psychological distress
• The cost of mental health treatment, which may include medications, counseling, and other types of treatment
• Professional damages, which can include lost income, diminished earning capacity, lost bonuses, and lost promotion opportunities
• Property costs, which may include temporary transportation if you can’t walk because of injuries and the cost of replacing clothing, a cell phone, and other damaged property
• Medical expenses, which can be devastatingly expensive when a pedestrian is hit by a motor vehicle

Pedestrians’ lack of protection from oncoming vehicles means they often suffer disabling injuries. Such serious injuries may require medical equipment, long-term medical care and rehabilitation, permanent income replacement, and changes to your home. Your lawyer will consider all of your damages as they lead your case.

Recoverable Damages in a Fatal Pedestrian Accident Case

When pedestrian accident victims succumb to their injuries, survivors may file a wrongful death lawsuit against liable parties. Fatal pedestrian accidents may entitle surviving loved ones to compensation for:

• Loss of spousal companionship
• Loss of the decedent’s income
• Loss of the decedent’s household services and contributions
• Survivors’ pain and suffering
• The decedent’s pain and suffering
• Any other economic or non-economic burdens you face because of your loved one’s fatal pedestrian accident

Pedestrian accident lawyers handle claims with compassion. Your legal team will check in on your recovery, provide frequent case updates, and be available anytime you have questions or concerns. Let your lawyer take your case off your hands so you can heal.

Don’t Wait to Hire a Pedestrian Accident Lawyer—Here Is Why

There is no question about when you should hire your pedestrian accident lawyer. The sooner you have a capable pedestrian accident attorney take over your case, the better.

It is important to hire your lawyer as soon as possible because:

Evidence Cannot Wait

The evidence-gathering process is among the most pressing priorities in your case. Your attorney may need to:

• Gather many different types of evidence at various locations
• Secure evidence that won’t be around for long (like traffic camera footage of the pedestrian accident)
• Secure evidence from liable parties, which may require filing a letter of spoliation

If you wait to hire a lawyer, you may prevent your attorney from obtaining evidence that will otherwise benefit your case.

Your Attorney Will Build a Detailed Case (and Needs the Time to Do So)

Driven lawyers do not settle for mediocre cases. Your lawyer will want to develop the strongest case possible, and building strong cases takes time. If you hire your lawyer soon after your accident, they will have all the time necessary to craft your case to their high expectations.

You Face a Filing Deadline for a Lawsuit

Each state requires injured pedestrians and their loved ones to file lawsuits within a specific timeframe. These filing deadlines are known as statutes of limitations and are typically non-negotiable.

Hire your pedestrian accident lawyer as soon as possible so they can file a lawsuit by this deadline if necessary.

There Is No Out-of-Pocket Cost to Hire a Pedestrian Accident Lawyer

Pedestrian accident lawyers make it convenient and low-risk to hire them. This is due to contingency fees, which are the common fee structure among personal injury lawyers.

When your lawyer uses a contingency fee, they:

• Ask you for no upfront fee (or compensation of any kind)
• Cover filing costs, expert fees, and other costs associated with your case
• Invest significant time, effort, and resources into building a successful pedestrian accident case
• Cover the cost of a trial if your case requires it
• Only receive a fee for their services if you receive a settlement or verdict

You will be aware of the fee that your lawyer is entitled to. With this financial arrangement, your law firm has a great financial motivation to secure as much compensation for you as possible. Not paying your lawyer out of pocket may be priceless for someone who likely has significant financial burdens.

Hire Your Pedestrian Accident Attorney Today

Injured pedestrians who do not hire the right legal representation risk jeopardizing their physical health, worsening mental health struggles, and failing to build a successful case. On the other hand, those who seek a prompt consultation with an attorney can immediately put their claim in the law firm’s hands. They can trust an experienced professional to handle every aspect of the process, from investigation to negotiation to potential litigation.

Hiring a personal injury lawyer provides numerous benefits, including financial support and peace of mind. Find your lawyer (online or through other channels) as soon as possible and let them begin fighting for you. Case evaluations are free.