When a pedestrian is hit by a car, it can change their lives forever. From financial difficulty to intense pain and suffering, these accidents often have serious consequences. To ensure the best possible outcome, it's important for injured parties to understand their legal options. This article will shed some light on the matter to ensure that victims know what to expect.
Understanding Pedestrian Accidents
Before looking at the legal options available, it's important that claimants first have a comprehensive understanding of pedestrian accident cases.
To put it simply, these accidents happen when a car or another type of motor vehicle collides with a person who is traveling by foot. Because pedestrians do not typically have any protection, they often end up with serious or even fatal injuries.
Common Causes of Collisions Involving Pedestrians
There are a number of reasons why these motor vehicle accidents occur. In the section below, we will explore some of the most common:
Fatigued drivers
Speeding
Intoxicated driving or walking
Failing to yield the right of way
Not looking both ways before crossing
Poor visibility (due to weather conditions, dark clothing, etc.)
Distracted driving or walking
Pedestrians stepping out into traffic
Vehicle defects
Poor road design
Pedestrians working or playing in a roadway
It's important to note here that both drivers and pedestrians can cause these accidents.
What Are Some Common Pedestrian Accident Injuries?
Due to a lack of protection, pedestrians hit by a car are often left with life-changing injuries. However, every case is different and will have its own unique facts. Therefore, injuries can vary from minor to severe.
The section below explores the most common injuries sustained in such accidents:
Head, neck, and back injuries
Broken bones and fractures
Internal injuries
Lacerations
Soft tissue injuries
Spinal cord injuries
Chest injuries
Exploring the Legal Options for Pedestrian Accidents
When a pedestrian is harmed in a car accident, they are often eligible to receive compensation for their injuries. This will generally cover their medical bills and property damage. Tom Fowler Law can also provide insight on what happens if you hit a pedestrian jaywalking.
Typically, there are two options available in a pedestrian accident case. Victims may choose one of the following to obtain compensation for their injuries:
File a claim with the relevant insurance company.
Take legal action with the help of an experienced pedestrian accident attorney.
Going the Insurance Route
In most cases, a pedestrian can obtain compensation by filing an insurance claim with the at-fault party's insurance company. However, if the other driver does not have insurance coverage, then the pedestrian may be able to file a claim with their own insurance provider.
Victims could use their health insurance to pay for their medical expenses or turn to their auto insurance for assistance. Medical Payments Coverage or Personal Injury Protection (PIP) typically covers pedestrian accidents. PIP will often pay for a pedestrian's medical bills and a portion of their lost wages.
It's important to note here that insurers often have limitations on the amount that they will cover. This means that if a victim has serious injuries, such as a spinal cord injury, that requires extensive and long-term medical treatment, going the insurance route may not provide sufficient coverage.
In these cases, it's often best to file a pedestrian accident claim.
Taking Legal Action
All motorists have a duty to follow the rules of the road. If a driver failed to do so, which was the reason why the accident happened, the pedestrian can take legal action against them to obtain compensation.
This is often the best option when serious injuries are involved, as the victim can obtain compensation for both economic and non-economic damages.
Victims Can Claim for a Wide Range of Damages
While insurance will generally only cover medical bills and lost income to a certain limit, courts may award high settlement amounts to victims for the following:
Medical expenses
Lost income
Property damage
Pain and suffering
Emotional distress
Loss of consortium
Disfigurement
Both past and future expenses can be factored into a personal injury lawsuit, ensuring that the victim can receive the medical care that they need.
The Importance of Proving Liability
To receive a settlement or court award, however, the victim must prove liability. The reality is that a number of parties could be held accountable in a motor vehicle accident involving a pedestrian. This might include:
The driver,
A government agency,
The vehicle manufacturer,
Property owners, or
Other pedestrians.
A personal injury attorney will gather as much evidence as possible to prove liability, including police reports, witness statements, surveillance footage, and more.
How to Decide Which Option to Go for
Choosing the right option is crucial to ensure the best outcome. However, victims who lack legal training can make the wrong choice, leaving them with low settlements that do not cover their expenses.
It's important for victims to remember that Iowa follows a comparative fault law, which means that claimants can take legal action, even if they are partly to blame (provided their percentage fault does not exceed 50%). This means that pedestrians can obtain compensation for their injuries, even if they share the blame.
To obtain reliable guidance and legal advice on how to proceed, injured pedestrians should seek the assistance of an experienced team of Des Moines pedestrian injury lawyers. Most law firms offer free consultations to help injured parties obtain direction on the best way forward.
How a Des Moines Pedestrian Accident Lawyer Can Help
A pedestrian accident attorney can offer critical insight into pedestrian accident cases. Here's how they can assist:
Case Evaluation
Des Moines pedestrian accident lawyers will conduct a comprehensive case evaluation and point the claimant in the right direction. They will take factors such as the extent of their injuries, the sum of their damages, and more into consideration and recommend which course of action the victim should take.
Collecting Evidence
An advocate will also conduct their own investigation into the accident to identify who was at fault and locate important evidence that can be used to prove the claim. They can bring in accident reconstruction experts to find out exactly how the collision occurred and obtain crucial surveillance footage, for example.
Proving Liability
The reality is that more than one party may be to blame in a car accident involving a pedestrian. Lawyers can help to identify and prove liability, working in the best interest of their clients.
Ensuring That Claimants Get the Maximum Compensation
By helping to accurately calculate damages, identify all liable parties, and uncover crucial evidence, attorneys can ensure that victims receive the maximum settlement amount. This is important because it ensures that both past and future medical expenses are taken care of.
Negotiating a Fair Settlement
The other party will try to get the claimant to settle for the lowest possible offer. However, a personal injury lawyer will fight for their rights, ensuring that they are not pushed into accepting a bad offer. They stand as the victim's advocate and legal aid.
Obtaining Compensation for Pedestrian Fatalities
Sadly, not all pedestrian accidents have a good outcome. Thousands are killed in these kinds of collisions each year. Should a person suffer this fate, their loved ones have the right to bring a lawsuit against the negligent party on behalf of the deceased. This can provide compensation for any medical bills that resulted from the incident, funeral costs, and more.
At Tom Fowler Law, we have many years of experience securing the maximum compensation in wrongful death cases. Family members of the decedent are encouraged to get in touch with us for sound legal advice in Des Moines, Iowa.
How Long Do Claimants Have to Initiate the Legal Process?
It's important for victims to understand that the state of Iowa places a restriction on the time that a person has to take legal action. This is called the statute of limitations.
In Iowa, the statute of limitations for personal injury cases is two years from the date of the accident. Failing to initiate a claim in that time will result in the person losing their right to do so in the future.
While two years might seem like a long time, the process is often complex, and lawyers need time to investigate and collect evidence prior to filing the claim. This is why pedestrian accident victims are required to seek legal guidance as soon as possible to avoid any delays or missed opportunities.
It's important for claimants to discuss the statute of limitations with their lawyers so that they have a realistic idea of what to expect during the claims process.
Tom Fowler Law Offers Expert Guidance to Pedestrian Accident Victims
Pedestrian accidents often have devastating consequences. When they occur as a result of negligence, it's important to hold the at-fault party liable. This will not only ensure that the victim receives the compensation they need to cover medical bills but can also prevent future incidents from happening.
However, the key to success in such cases is finding an experienced pedestrian accident lawyer. Tom Fowler Law has been in the industry for a long time and has the expertise needed to ensure that claimants are able to make the right choice.
We will provide crucial insight into the available legal options and ensure that injured parties are making decisions that are in their best interests.
To schedule a free case evaluation, pedestrian accident victims can contact us.
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