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Personal Injury FAQs: Pedestrian Accidents

Personal Injury FAQs: Pedestrian Accidents

What Is a Pedestrian Accident?

Unfortunately, pedestrian accidents are becoming increasingly common, with thousands of people injured or killed yearly. According to the National Highway Traffic Safety Administration (NHTSA), in 2020, over 6,500 pedestrians were killed, and approximately 55,000 were injured in the U.S. In the world of personal injury law, a pedestrian accident refers to cases in which a pedestrian is injured by a driver. Pedestrian accidents tend to be incredibly serious, and the pedestrian is almost always injured.

At May, Rammell & Wells, we have seen firsthand how serious these accidents can be, and we have helped countless clients hold car, truck, and motorcycle drivers responsible when they injure pedestrians. We also know how confusing and overwhelming the aftermath of a pedestrian accident can be. With this in mind, we have provided answers to some of the most common questions we get about pedestrian accidents.

Keep reading for more answers to frequently asked questions about pedestrian accidents.

Can I Seek Compensation If I Was in a Pedestrian Accident?

Yes, if you or a loved one were injured as a pedestrian, you may be able to file a personal injury claim and seek compensation for your injuries. In Idaho, when a pedestrian is injured due to a driver's negligence or recklessness, they have the option to file a lawsuit. Filing a personal injury lawsuit is what enables people to seek the compensation they need to heal from their injuries and move on.

You may be able to seek compensation for:

  • Medical care
  • Rehabilitation costs
  • Lost wages
  • Lost earning capacity due to disability
  • Pain and suffering
  • Property damage

While you may assume that your insurance will cover the cost of your injuries, this is very rarely the case. Not only are insurance companies notorious for avoiding paying out claims, but many costs are associated with serious pedestrian injuries that aren't covered by insurance (such as lost wages). Because of this, it is always worth consulting with an experienced attorney after a pedestrian accident to ensure you know all your legal options.

What Causes Pedestrian Accidents?

The most common cause of pedestrian accidents is driver negligence. Drivers are required to yield the right of way to pedestrians at crosswalks. They are also expected to remain aware of their surroundings and drive cautiously when in areas with heavy foot traffic. However, all too often, drivers become complacent and fail to pay proper attention to pedestrians. When this happens, people are injured and killed.

Common causes of pedestrian accidents include:

  • Distracted driving
  • Failure to obey posted traffic signs
  • Failure to follow traffic rules
  • Speeding and other reckless actions
  • Failing to give pedestrians the right of way
  • Failing to notice pedestrians

I Was in a Pedestrian Accident; When Should I Call a Lawyer?

After an accident, you have a lot on your plate. The first thing you should always do after being in a pedestrian accident is to seek medical care. Even if you think you are fine or don't feel injured initially, it is important that you are checked out by a doctor. It is not uncommon for pedestrians to be in shock after an accident, making noticing their injuries more difficult. Additionally, there are some injuries that, due to swelling and inflammation, take time to come to light (such as whiplash).

After you have seen to your medical care, you should reach out to a personal injury attorney familiar with handling pedestrian cases. A lawyer can help you in several ways, not just by filing a lawsuit. For example, your lawyer can help you negotiate with hospitals and insurance companies, helping you get the care you need without being overwhelmed by medical expenses and ensuring that insurance companies fulfill their responsibilities to policyholders.

If you or a loved one was injured in a pedestrian accident, contact May, Rammell & Wells. We are here to help when you need us most.

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