Attorneys for Pedestrian Accident Victims When parents accompany their children to the bus stop or fitness-minded individuals jog to stay in shape, the result can be significant environmental and fitness benefits. But despite the advantages derived from walking, jogging or running, anyone who travels by foot in any city knows that pedestrian safety is a […]
When parents accompany their children to the bus stop or fitness-minded individuals jog to stay in shape, the result can be significant environmental and fitness benefits. But despite the advantages derived from walking, jogging or running, anyone who travels by foot in any city knows that pedestrian safety is a serious issue. The Governors Highway Safety Administration (GHSA) reported that just the first six months of 2016 saw 2,660 pedestrian deaths. Based on this data and historical trends, the organization projected an 11 percent increase in pedestrian fatalities over the prior year. This uptick in pedestrian fatalities is even more concerning because traffic-related deaths had consistently fallen in prior years.
Since pedestrians have no protection from injury when they are struck by a vehicle, the notion of a “minor” pedestrian accident is a fallacy. Even a small compact car weighs 3,000 pounds, so pedestrians tend to suffer catastrophic injuries even in crashes at low rates of speed. When a motor vehicle slams into the human body, traumatic brain injuries (TBIs), broken bones, spinal cord injuries (SCIs), amputation of limbs, impairment of vital organs or wrongful death are far too common. Pedestrians hit by cars tend to experience permanent debilitating injuries and disfigurement even if they survive their injuries. But with the help of an experienced pedestrian injury attorney at Parker Waichman LLP, you can get compensation that makes it easier to heal and move forward after your accident.
Some of the tactics the insurance company might use to challenge your legal claim include:
The lion’s share of personal injury pedestrian accidents are caused by the carelessness or lack of attention of motorists. Sometimes, however, these accidents can be the result of negligence by a third party.
In our decades of experience representing pedestrians, the lawyers at our firm have seen that many factors can cause these potentially fatal accidents, such as:
The pedestrian safety organization Smart Growth America provides an annual publication entitled “Dangerous by Design,” which focuses on a range of pedestrian issues. According to this publication, motor vehicles claim the lives of an average of 13 pedestrians per day. While you might assume that cars rarely run over people who are on foot, the truth is that pedestrian accidents cause the deaths of 7.2 times more people than natural disasters.
Pedestrian accident rates are higher among vulnerable populations. Seniors age 65 and older face a 50 percent higher risk of being hit by a car when walking than younger adults. Both minorities and the elderly tend to be overrepresented in pedestrian fatality statistics. Although people of color account for around 40 percent of the U.S. population, they account for 46.1 percent of pedestrian fatalities. In some geographic regions, the disparity is even more startling. Native Americans account for only five percent of the North Dakota population, for example, but they account for 38 percent of pedestrian deaths. Pedestrian fatality rates also are higher in low-income areas.
While this data is impacted to some degree by the higher number of pedestrians among these populations, this factor does not come close to accounting for the entire disparity. Inadequate pedestrian infrastructure, which might include a lack of crosswalks, a lack of pedestrian traffic signals, poorly located bus stops, and other factors, also can contribute to pedestrian tragedies. Lack of investment in pedestrian safety features by public entities or unsafe designs can place those on foot in peril that would be easily preventable. Poor urban areas often are located near arterial roads, bus stopping points, and other locations of pedestrian activity. These types of traffic-related deaths occur without reasonable care by all parties involved in the street design process, such as local elected officials, federal policymakers, and transportation engineers. A focus on facilitating high speeds for vehicles while ignoring pedestrian safety often leads to dangerous areas for those walking, jogging, and running.
Although negligent drivers are usually the primary cause of most pedestrian accidents, third parties also cause these incidents. Our pedestrian accident law firm carefully investigates the facts and circumstances of our clients’ cases to identify all potential defendants and relevant insurance policies.
Some potential third parties who might be financially responsible for pedestrian injuries include:
Once we have recognized a potential defendant, we conduct an investigation and initiate the discovery process to confirm all potential sources of insurance coverage to pay a judgment or settlement. If the responsible party does not have insurance, we might conduct an asset search to determine if the party has another means to satisfy a judgment.
While the rights and obligations of pedestrians can vary a bit by state, here are some common provisions of pedestrian accident law:
While the risk of pedestrians suffering a catastrophic injury is relatively high, the probability of debilitating injury increases significantly with the speed of the vehicle at impact. The probability that a pedestrian will experience a serious injury or death is directly correlated to the speed of the vehicle:
Speed |
Risk of Serious Injury |
16 mph | 10 percent |
23 mph | 25 percent |
31 mph | 50 percent |
39 mph | 75 percent |
46 mph | 90 percent |
Speed |
Risk of Fatality |
23 mph | 10 percent |
32 mph | 25 percent |
42 mph | 50 percent |
50 mph | 75 percent |
58 mph | 90 percent |
Although this data from the AAA Foundation for Traffic Safety demonstrates a correlation between the rate of speed and the risk of serious injury or wrongful death, the charts reveal that even low-speed collisions pose significant threats to pedestrians.
Age also constitutes an important risk factor in this calculation. The probability of serious injury or death for a 70-year-old pedestrian at 25 mph is substantially higher than the risk to a 30-year-old pedestrian at 35 mph.
Some of the serious injuries experienced by pedestrians run down by motor vehicles include:
Because of the debilitating injuries that frequently occur when cars slam into pedestrians, victims benefit from the fullest financial recovery, which can facilitate the best medical care, replacement of lost earnings, and the best post-accident quality of life. Although no two pedestrian accident cases are identical, damages in a civil lawsuit will usually include both pecuniary damages (economic losses) and non-pecuniary damages (such as pain and suffering).
Some of the types of compensation you might be entitled to receive include:
Pecuniary (Economic) Damages
Non-Pecuniary Damages
Injured pedestrians can retain any attorney to represent their interests, but lawyers differ significantly in terms of their experience and skills. Our pedestrian injury lawyers have handled thousands of personal injury cases, including many involving injured pedestrians. This experience with the specific issues that arise in pedestrian accident cases and the defenses often used by insurers to mitigate their liability can provide a significant advantage. Benefits of working with a proven pedestrian accident attorney include:
If you are the victim of a speeding, distracted, alcohol-impaired or otherwise careless driver while walking, jogging or running, certain actions in the immediate aftermath of the accident can improve the prospects for your claim. If you are a pedestrian hit by a car, what to do includes these steps:
A pedestrian accident injury occurs when a vehicle such as a car, truck or motorcycle hits a person who is not using a vehicle, such as someone walking in a crosswalk or someone out for a morning jog.
According to the National Highway Traffic Safety Administration, frequent causes of pedestrian accidents are limited visibility, driving under the influence of drugs or alcohol, running into the road, a failure to yield the right-of-way, crossing a road improperly, and standing, lying, playing or working in a street.
According to the National Highway Traffic Safety Administration, the majority of fatalities in pedestrian accidents take place in heavily populated urban areas.
More often than not, the driver would be considered at fault in a situation like this. However, this is not always the case. There are several factors that can influence who was at fault for the accident, which is why working with an attorney experienced in handling pedestrian accidents is crucial.
Pedestrians are most vulnerable to being hit by a car at an intersection where a car is making a left turn. This is because when they are making a left, a driver is far more attentive to oncoming traffic than they would be if they were turning right. This splits their attention and makes them more likely to not see a pedestrian crossing the street.
Children and the elderly are at the highest risk of suffering severe injuries or even death in a pedestrian accident.
If you are struck by a car while using a crosswalk, it’s likely that the driver was at fault for your injuries, as crosswalks are supposed to be safe crossing spots for pedestrians. You should speak with a pedestrian accident lawyer about the incident straightaway.
A driver who hits a pedestrian with their vehicle will likely be faced with a personal injury lawsuit from the person they hit. If they are found to be at fault, the driver will be required to compensate the victim for any damages suffered from the accident, including medical expenses and lost wages.
Contrary to popular belief, even though pedestrians have the right-of-way, they can still be at fault when someone hits them with a vehicle. For example, a pedestrian who is hit while walking on a road that prohibits foot traffic would likely be found at fault for the accident.
When a pedestrian behaves unpredictably or recklessly in or near a roadway, they are considered to be negligent. If negligence on the pedestrian’s part occurs, it is likely that the pedestrian will be deemed at least partially at fault for the accident.
In a situation such as this, either party may be found at fault for the accident. All factors would have to be taken into consideration in order to determine who is more at fault for the accident: the driver or the jaywalker.
If a pedestrian caused an accident and is deemed at fault, they will likely be held responsible for any damages the driver incurred. This could include lost wages, medical expenses, damage to the vehicle, and pain and suffering.
Following some simple safety tips can go a long way toward avoiding pedestrian accident consequences. Always using the sidewalk, wearing reflective clothing at night, using the crosswalk when crossing the street, and staying off of your phone while crossing the street are all good strategies to help you avoid pedestrian accidents.
When a pedestrian is hit by a car, compensation is owed, but there’s no one typical amount for every pedestrian accident claim. Because the facts and circumstances are unique whenever a pedestrian is hit by a car, the settlement amounts are also unique. An experienced pedestrian accident lawyer can give you a better idea of how much your case might pay out by looking at how much similar pedestrian accident claims have been worth.
Many law firms talk about their experience and reputation, but the attorneys at Parker Waichman have 350 years of collective legal experience. Since our personal injury law firm was founded in 1993, we have recovered more than $2 billion in settlements and verdicts for our clients. Although we are a large law firm, we are committed to ensuring that each of our clients receive the attention to their case and responsiveness to questions that they would expect if they were our only clients.
As you might imagine, we have received many awards and accolades over the years, including the following recent examples:
The knowledgeable attorneys at our pedestrian accident law firm represent bicyclists, walkers, joggers, and runners throughout the U.S. We invite you to speak with us for more information and a free initial consultation, with absolutely no obligation: Contact us at 1-800-YOUR-LAWYER (1-800-968-7529), fill out our case inquiry form or visit us in person today.