If you have been injured as a pedestrian, you must act quickly to protect your rights and gather essential evidence. If you or someone you know was injured in a pedestrian accident, the lawyers at Parker Waichman LLP may be able to help you recover compensation for your expenses, damages, and injuries.
Collecting damages from the party who is allegedly at fault may be complicated; however, Parker Waichman attorneys have decades of successful experience handling pedestrian accident claims. Call Parker Waichman today and speak with an experienced pedestrian accident attorney who will be able to investigate your claim and help gather the important evidence and information needed so that you may be compensated for your injuries, pain and suffering, medical expenses, and lost wages, and potentially lost future wages.
What Defines a Pedestrian, Pedestrian Accident?
The National Highway Traffic Safety Administration (NHTSA) defines a pedestrian accident as a crash in which someone who was not in a motor vehicle, on a pedal cycle, or on an animal is involved. Should the injured party have been on a bicycle or riding a horse, these do not qualify as a pedestrian accident. If the individual was on foot, however, or if that individual was sitting or lying down, that individual is a pedestrian. A pedestrian may also be walking, jogging, standing still, or running.
NHTSA Pedestrian Crash Statistic
According to the NHTSA, as of 2013, the last date for which there is complete data, there were 4,735 pedestrians killed and anther 66,000 injured in traffic crashes nationwide. Of a total of 4,653 traffic crashes every one involved one or more pedestrian deaths. On average, one pedestrian died every two hours and was injured every eight minutes in traffic crashes.
Also , in 2013:
- The average age of pedestrians killed in traffic crashes was 46; the estimated average age for those injured was 36. Over the prior decade, the average age of those killed had remained almost unchanged; the average estimated age of those injured steadily increased from 31 to 36.
- Approximately 21 percent of pedestrian children 14 years of age and younger were killed in traffic crashes. An estimated nine percent of children ages 10 to 14 (6,000 of 66,000) were injured pedestrians, which is the highest among all age categories. Five percent of all pedestrian fatalities (236 of 4,735) and approximately 15 percent of all pedestrians injured (10,000 of 66,000) were children aged 14 years and younger.
- Nineteen percent of all pedestrian fatalities (896 of 4,735), which is an estimated 10 percent of all pedestrians injured (7,000 of 66,000) were people aged 65 and older.
- More than two-thirds (3,247 of 4,735 or 69 percent) of pedestrians killed in traffic crashes were males. The total male pedestrian fatality rate per 100,000 population was 2.09, which is more than double the rate for females (0.92 per 100,000 population). The total male pedestrian injury rate per 100,000 population was 24, compared with 18 for females.
- Beginning at 40 years of age and older, the total fatality rates were higher than they were in the younger age groups.
- The total fatality rate for pedestrians aged 65 and older was 2.00 per 100,000 population. In 2013, people 65 years of age and older comprised 14 percent of the country’s population. The highest four total pedestrian injury rates by age group were 20-24, 25-29, 10-14, and 15-19 (40, 30, 29, and 27 per 100,000 population, respectively).
- The female injury rates by age group for 25-29, 45-49, 35-39, and 55-59 (33, 26, 23, and 17 per 100,000 population, respectively) were greater than the male injury rates (28, 16, 19, and 12 per 100,000 population, respectively).
- Ninety-two percent (4,266) of pedestrians were each killed in a motor vehicle traffic crash that involved a single vehicle; eight percent (387) were killed in multi-vehicle crashes.
- Pedestrians were likelier to be struck by the front of a vehicle than the rear, right, or left side. Passenger cars and light trucks (including SUVs, pickups, and vans) had the highest percentages of front impacts than other vehicles, including large trucks or buses; however, large trucks and buses had the highest percentage of right side and rear impacts.
What are the Legal Rights of Pedestrians?
Pedestrians are significantly more vulnerable to sustaining serious injuries in a crash than are individuals who are inside of a vehicle. Motorists must watch out for, and share the roads with, pedestrians and understand that when a pedestrian is hit by a motor vehicle, that pedestrian may suffer from serious, life-altering injuries or death.
All motor vehicles must yield to pedestrians; therefore, when a pedestrian is hit by a motor vehicle, the fault of the accident is generally with the driver of the involved motor vehicle. Pedestrians who have suffered a serious injury, or the families of pedestrians who have died, may be able to receive compensation in a pedestrian accident lawsuit.
Compensation from theses types of accidents may include lost wages or diminished earning ability; medical bills, expected medical bills; pain and suffering; and a diminished quality of life. When a pedestrian is injured or killed, more than one individual or entity may be found to have legal responsibility.
If You are in a Pedestrian Accident
If you are a pedestrian and you become involved in an accident, know that no matter how mild a pedestrian accident may appear to you at the time, all pedestrian accidents are considered emergencies. An unprotected body is unable to withstand the impact of a collision with a vehicle weighing thousands of pounds, which is why pedestrians often suffer from significant, life-threatening injuries and death.
Some pedestrian accident injuries include amputations, broken bones, face injuries, head and skull injuries, paralyzing spinal cord injuries, internal bleeding, organ damage, nerve damage, torn ligaments and tendons, serious cuts and bruising, and herniated discs.
If you have been involved in a pedestrian accident, seek immediate medical care, regardless of how you feel. Shock and the push of adrenaline that follows a pedestrian accident may make serious symptoms very difficult to distinguish. Some of these injuries may also take time to present and waiting for medical care may only worsen the injuries.
If You are in a Pedestrian Accident
The pedestrian accident attorneys at Parker Waichman LLP have a long history of successfully fighting accident cases and recovering compensation for their clients. If you or someone you know has been injured due to a pedestrian accident, the firm offers legal consultations to individuals with questions about filing a lawsuit. Parker Waichman offers free, no-obligation case evaluations.
For more information, call 1-800-YOURLAWYER (1-800-968-7529).
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