All vehicle accidents are scary, but ones involving pedestrians are often the most frightening. They are also frightening because of how they're different physically and legally from other accidents. If you're looking for a pedestrian accident injury attorney to assist you with a claim or lawsuit, you may want to learn about these four differences.
Duty of Care
In American injury law, the main theory for holding people liable for accidents is that they have a duty of care in certain situations. Drivers must take care that they don't hit other vehicles or people. The duty of care is heightened in pedestrian zones. If a driver hits someone who was legally and correctly using a crosswalk, the defense is going to have a hard time saying that the driver took appropriate care.
Right of Way
When walking in designated pedestrian areas, people on foot usually have the right of way. There might be some basic controls of the right of way, such as walk signals. Even if those aren't present, a driver still should exercise heightened caution near crosswalks, sidewalks, and other pedestrian areas.
Even in a parking garage or lot, drivers have to assume pedestrians will be present and yield them the right of way. Unless the victim was jaywalking or near a highway, a pedestrian accident attorney stands a good chance of proving that the driver should've yielded.
Damages
The brutal reality is that hurling thousands of pounds of metal and plastic at an unprotected person is likely to do more harm than if they were in a vehicle. Without safety systems to protect the victim, the person is probably going to suffer injuries with major medical implications.
From a legal perspective, this increases the odds that the victim's injuries will be catastrophic. A catastrophic injury changes a person's life long-term or forever. Permanent nerve and spinal damage are common examples of catastrophic injuries from pedestrian accidents.
Many insurance policies and state laws cap non-catastrophic claims. A pedestrian accident injury attorney will have an easier time maximizing compensation for the victim if the injuries are catastrophic.
Insurance Settlements
Many automotive insurers want to wrap up pedestrian accident cases as quickly as possible. Insurers are motivated in many cases to settle because they don't want pedestrian incidents to go to trial. Jurors tend to empathize with victims who've suffered major injuries.
Contact a pedestrian accident attorney today. They will work hard to ensure that the insurance company pays every penny the victim deserves.
