Pedestrian Accident Lawyer
Every year, thousands of pedestrians are injured or tragically killed in traffic accidents, and because of this our pedestrian accident lawyer will explain that it’s essential for victims and families to understand pedestrian accident law. Our Schehr Law, PLLC shares that this legal framework seeks to protect pedestrian rights and ensure appropriate action when incidents occur.
Understanding Pedestrian Rights
First and foremost, it’s essential to understand that pedestrians typically have the right of way, particularly in marked crosswalks. In most jurisdictions, laws mandate that drivers must yield to pedestrians, maintaining vigilance to prevent potential collisions. However, pedestrians must also adhere to rules, such as crossing streets only at designated crosswalks and obeying traffic signals. Pedestrian accident law is a two-way street that encourages shared responsibility between drivers and pedestrians.
Determining Fault in Pedestrian Accidents
When a pedestrian accident occurs, determining the at-fault party is crucial. The notion of “negligence” often plays a pivotal role in this process. Negligence is a failure to exercise reasonable care, whether by a driver not paying attention to the road or a pedestrian jaywalking. A party is considered at fault if their negligence contributes to the accident.
Contributory Negligence
Contributory or comparative negligence is important to consider when reviewing pedestrian-related cases. Under contributory negligence, if the injured pedestrian is slightly at fault, they may be barred from recovering damages. However, in comparative negligence states, a pedestrian may recover damages even if partially at fault, with the compensation reduced proportionately to their degree of fault.
Damages for Pedestrian-Related Accidents
Accidents involving pedestrians can lead to significant injuries, often resulting in substantial medical expenses, lost wages, pain, suffering, and other losses. Victims have the right to seek compensation for these damages from the party at fault. This is usually achieved by filing a personal injury lawsuit against the driver’s insurance company.
Statute of Limitations
The statute of limitations is another critical aspect of pedestrian accident law. This term refers to the time limit an injured pedestrian must file a lawsuit. The duration varies by state and the type of claim. Failing to initiate a claim within this period generally prevents the victim from seeking compensation.
Wrongful Death
In the unfortunate event of a pedestrian accident resulting in death, the decedent’s close relatives or estate representative may file a wrongful death claim. This lawsuit seeks compensation for losses such as funeral expenses, lost income, loss of companionship, and the pain and suffering the decedent endured before death.
Seeking Legal Counsel
Legal representation is a crucial factor in navigating pedestrian accident law effectively. Lawyers with experience in this field can help identify liable parties, gather substantial evidence, negotiate with insurance companies, and, if necessary, represent the victim in court proceedings.
Pedestrian accident law is complex, requiring a thorough understanding of its nuances to ensure justice is served. Remember, if you are involved in a pedestrian accident, seek legal counsel promptly to understand your rights and the most suitable course of action.
Awareness of every pedestrian accident has unique legal implications is crucial. If you or a loved one is involved in a pedestrian accident, consider speaking with an experienced lawyer who can help provide critical counsel during this challenging time.