Pedestrians are vulnerable, especially in high-traffic areas. There’s nothing accidental about a pedestrian being injured on the road, as those incidents often result from negligent, reckless or drunk drivers. If you’ve been involved in a pedestrian accident, you need to speak with an Edmonds Pedestrian Accident Lawyer ASAP. You could be eligible for compensation, even if the accident wasn’t your fault. Here’s what you need to know.
1. The Driver Was Negligent or Reckless
Whether the pedestrian is struck by a car, a pedestrian is at risk of injury if there’s an increase in traffic from both directions. Pedestrians will need to be aware of the potential presence of other cars on the road.
2. Pedestrians Have Rights, Too
Pedestrians have rights, too. Even if the driver is negligent or reckless, you can still be liable for their negligence and reckless driving, if you’ve encouraged them to drive as if they were operating a vehicle. If you’ve had the pedestrian conduct himself or herself in an unsafe manner, then they may be just as liable for any resulting injury as the driver.
3. The Driver Was Drunk or Using Drugs
Whether the driver was “buzzed” or on drugs, they can still be liable for any resulting injury. A driver might be buzzed and negligently hit or kill a pedestrian. Or a driver might be buzzed and hit a pedestrian while driving recklessly and also causing injury.
4. The Driver Was Autonomous
Whether the driver was in a fully or partially autonomous car, they can still be liable for any resulting injury. A driver’s car might be fully or partially autonomous and cause a pedestrian to be hit or injure themselves while driving. Or a driver might be partially autonomous and injure themselves and a pedestrian while the vehicle veers off the road.
5. Other Conditions
The circumstances are important. So are the extent of any injuries, and whether they were a complete or incomplete injury, etc. If you cause a pedestrian to be hit or injure yourself while operating a motor vehicle while having consumed alcohol, you can still be found liable for any resulting injury.
This is a common theme in pedestrian injury lawsuits. Sometimes a pedestrian gets hurt because of someone else’s negligent actions, not necessarily because of their carelessness or recklessness. In these situations, you may still be able to sue on grounds of negligence, provided the injury results from the same negligence as in the case of carelessness.
Example: You are in a crossing lane. It’s late at night. There are several cars ahead. The light is red. There are pedestrians in the crossing lane. All you see is car, headlights on, just about to miss the first car. Then a car hits you. You go flying. You’re knocked flat on your butt and your arm and leg are sore. You can feel the impact and some of the pain, but you’re not sure that the car that hit you will be liable under the law. What do you do?
Well, first off, the car that hit you was going much too fast for you to have hit it safely. Also, the street lights had just been turned on. You were standing in the right of way as a pedestrian. Not so surprising, but you didn’t see the cars ahead until after the accident. That’s a common theme in pedestrian injury lawsuits. If there was a pedestrian crossing at the time, and cars that were ahead didn’t have their hazard lights on, your injuries are likely to be from the same neglect. Even a pedestrian who can then prove to have suffered injuries in a car accident, can have the chance to sue for injuries caused by one of the cars. Or, had the car not been driving, or had the pedestrian not been in the crossing lane, you can have a pedestrian hit and injured while in a crossing lane. Or, had the pedestrian been in the road, the same outcome could be had. And that’s not the end of the scenario. What about pedestrians who do not have a reasonable chance to survive? There are people who would argue that a pedestrian who dies on a roadway after being hit by a car, has not been injured, but has died, and therefore, can sue for damages. That’s a personal injury argument, not a traffic accident argument. But let’s say you are on the road, and someone hits you. You were not in the pedestrian lane, so you are not injured. But you are suffering physical pain and anguish, and possibly financial woes, due to someone’s negligence. If you are in a state where you don’t have a right to sue, you can’t bring a suit, but if you’re in a state where you do have a right to sue, you can bring suit against the driver who hit you.
For the first situation, the pedestrian, the best thing to do is call the best pedestrian accident lawyer. They can get you compensated by the driver who hit you. The personal injury lawyer will represent you in court, and have a good chance at winning the case. It’s usually best to wait until the car accident is over. There will be some police involved, and then there will be a police report. Then the attorney will get to work. The police report is usually an attempt to show insurance companies that they didn’t cause the accident, so they don’t have to pay, which usually leads to them paying a bit more. When you call the personal injury lawyer, you will probably get put on hold, and then talk to someone by phone, and then talk to someone in person. Once the accident is over, they will talk to the police officer.
When you talk to someone by phone, you need to be careful that you get a good person that can talk to the police officer, and talk to the insurance adjuster, to get the victim’s story, and how much the damage is, and how much the driver is at fault, so that the personal injury lawyer can file the case with the right person.
When you talk to someone by mail or email, you need to be careful that you get the right person. They need to be a lawyer that understands what this situation is . Once you get a good person, you can put in the case with the attorney, so the attorney can go over what happened with you, and get you the compensation that you need.
Personal injury attorneys will do this, or talk to you and help you with the case. If you want an auto accident attorney, a personal injury attorney will do this for you. But if you want a personal injury attorney, you need to be careful, and talk to a person that can help you talk about what happened, and what you are entitled to.
If you have a query about Pedestrian Accident Settlement in Edmonds Washington, please reach us directly by calling our number at 206-447-1425. We will be happy to schedule a free initial consultation. To know more about Justin Elsner, a pedestrian accident lawyer in Edmonds, you may visit www.elsnerlawfirm.com.