As a pedestrian, you share the roads with cyclists, drivers, and other walkers. While walking is one of the most natural and beneficial forms of transportation, it’s not without its risks. Pedestrian accidents are unfortunately common, and when they occur, they can lead to severe injuries or even fatalities. Understanding your legal rights and options is crucial in protecting yourself and ensuring that you receive the compensation you deserve if you are involved in an accident.
In this blog post, we’ll walk you through the important aspects of pedestrian rights, the steps to take after an accident, and your legal options to seek justice and compensation.
1. Pedestrian Rights: Know Your Legal Protections
Pedestrians are legally entitled to safe passage on the roads. As a pedestrian, you have rights that protect you in various situations, whether you’re crossing at a crosswalk or walking along the sidewalk. Here are a few key points to keep in mind:
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Right of Way: In most cases, pedestrians have the right of way when crossing the street at designated crosswalks. This includes both marked and unmarked crosswalks, though laws can vary depending on local regulations. Drivers are legally required to yield to pedestrians in these situations.
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Pedestrian Zones: Sidewalks, pedestrian bridges, and marked crosswalks are designated to keep pedestrians safe. When walking in these areas, you are protected from traffic and should have the right to pass safely without interference from vehicles.
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Traffic Signals and Laws: Pedestrians must follow traffic laws, which include obeying “Walk” and “Don’t Walk” signals at intersections. However, if you are crossing at a crosswalk and have the right of way, drivers must stop and allow you to cross.
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Protected Areas: Pedestrian lanes or trails often exist to keep walkers safe. In some areas, public laws require drivers to slow down or yield entirely to pedestrians, especially in high-traffic zones or places with heavy foot traffic like parks or schools.
2. What to Do After a Pedestrian Accident
If you’ve been involved in a pedestrian accident, your first priority should always be your safety and well-being. Afterward, taking the right steps will help protect your legal rights and improve your chances of a successful claim.
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Seek Medical Attention: Even if you don’t feel immediately injured, it’s important to see a doctor right away. Pedestrian accidents, especially those involving vehicles, can cause serious injuries such as broken bones, traumatic brain injuries, spinal cord damage, and internal injuries, which may not show symptoms right away.
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Call the Authorities: Always report the accident to the police. An official police report will serve as a key piece of evidence when seeking compensation. Make sure to get a copy of the report, as it will include important details about the accident and any citations issued.
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Collect Evidence: If you’re able, gather as much information as possible about the accident scene. Take photos of the location, any visible injuries, the vehicle involved, and road conditions. If there were any witnesses, get their contact information as they can help corroborate your account of the accident.
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Do Not Admit Fault: When speaking to the driver or witnesses, do not admit fault, even if you think the accident was partly your fault. Wait for the investigation to determine the cause of the accident.
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Contact a Lawyer: A personal injury lawyer specializing in pedestrian accidents can help you understand your rights and guide you through the process of seeking compensation. Lawyers can also investigate the circumstances of the accident and gather crucial evidence that will support your case.
3. Your Legal Options After a Pedestrian Accident
If you’re injured in a pedestrian accident, you may be entitled to compensation for medical bills, lost wages, pain and suffering, and other damages. Understanding your legal options can help you pursue the compensation you need to recover and move forward with your life.
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Personal Injury Lawsuit: If the driver or another party is at fault, you may be able to file a personal injury lawsuit. This is typically the most common option when you want to seek compensation for your medical costs, lost income, emotional distress, and other damages. In a personal injury lawsuit, you will need to prove that the other party’s negligence directly caused your injuries.
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Insurance Claims: If you were hit by a vehicle, the driver’s insurance may cover the costs associated with your injury. This could include medical expenses, rehabilitation, and other treatment costs. However, negotiating with insurance companies can be tricky, and they often try to offer lower settlements. It’s wise to have a lawyer advocate for your best interests during this process.
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Pedestrian Accident Settlements: Many pedestrian accident cases are settled out of court. A settlement is an agreement between you and the responsible party’s insurance company, where they agree to pay you a certain amount of money for your injuries. While settlements can be quicker than going to trial, it’s important to consult with a lawyer to ensure you’re not being offered less than you deserve.
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Wrongful Death Claims: In tragic cases where a pedestrian is killed in an accident, their family members may be entitled to file a wrongful death lawsuit. This allows the family to seek compensation for funeral expenses, lost financial support, and the emotional distress caused by the loss of a loved one.
4. Proving Negligence in Pedestrian Accident Cases
In order to win a pedestrian accident lawsuit, you need to prove that another party was negligent and that their actions directly caused your injuries. Common forms of negligence in pedestrian accidents include:
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Distracted Driving: Drivers texting, talking on the phone, or engaging in other distractions while driving can cause accidents with pedestrians. If a driver was distracted at the time of the accident, it strengthens your case.
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Failure to Yield: If a driver fails to yield to a pedestrian at a crosswalk, or if they run a red light or stop sign, they could be considered negligent.
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Speeding: Speeding in a pedestrian area is a form of negligence, especially if the driver’s speed prevents them from stopping in time to avoid hitting a pedestrian.
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Driving Under the Influence (DUI): If a driver is under the influence of alcohol or drugs, they are legally responsible for the accident. In this case, the driver may face both criminal charges and a civil lawsuit.
5. Why You Need an Experienced Pedestrian Accident Lawyer
Pedestrian accident cases can be complex, especially when it comes to determining fault and dealing with insurance companies. An experienced pedestrian accident lawyer can help you by:
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Investigating the accident thoroughly: Your lawyer will gather evidence, review the police report, interview witnesses, and consult experts to build a strong case.
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Negotiating with insurance companies: Insurance companies often try to offer low settlements. A lawyer can negotiate on your behalf to ensure you receive fair compensation.
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Representing you in court: If a settlement cannot be reached, your lawyer can represent you in court and help you fight for the compensation you deserve.
Conclusion
Pedestrian life comes with its own set of risks, but understanding your rights and options after an accident can make all the difference. From seeking medical attention and gathering evidence to understanding your legal options, taking the right steps after a pedestrian accident can help protect your future and ensure you receive the compensation you deserve.