All About Pedestrian Accidents - Why You Need an Accident Lawyer

Pedestrian lying in the ground shoeless after an accident.

All About Pedestrian Accidents - Why You Need an Accident Lawyer

If you're a pedestrian, you have very little control over your safety when you step into a roadway. In most cases, you're invisible to the driver of a motor vehicle, and that means you're exposed to their mistakes. If the driver is distracted, impaired, or just not watching the road, you could be struck.

Many motorists don't always realize a serious injury or fatality can occur in an accident involving a motor vehicle and a pedestrian. Depending upon the circumstances, the driver can be held at least partially accountable for the pedestrian's injuries or death, no matter who was at fault for the accident.

Proving fault for an accident in which a pedestrian was injured or killed by a motor vehicle isn't always easy. The driver's initial reaction is usually to blame the pedestrian or the pedestrian's actions.

In many cases, the driver's actions may be the cause of the accident. But if the pedestrian was hit while walking in a crosswalk, jaywalking, or stepping into the road without a crosswalk, the driver may not be liable for the pedestrian's injuries.

 Why Do Pedestrian Accidents Happen?

 Pedestrian accidents happen for many reasons. In some cases, the driver of the car, motorcycle, truck, or SUV may not have been paying attention to pedestrians in the area, whether due to distracted driving or an inattentive driver. When drivers kill pedestrians, the consequences can be severe.

 Pedestrian accidents often occur at night. At night, whether due to alcohol impairment or poor lighting, it can be far more difficult for drivers and pedestrians to see each other.  In addition, pedestrian accidents can occur because drivers fail to yield the right of way to pedestrians in a crosswalk.

 Far too often, drivers hit and run from pedestrian accidents–leaving the pedestrians, who are likely seriously injured, to fend for themselves. Some of the most common reasons pedestrian accidents happen are due to the following:

 ● Distracted Drivers - Distracted driving is a major cause of motor vehicle accidents. Drivers may become distracted by their cell phones and text messages, passengers, or a host of other things. The distracted driver may run a red light or stoplight, or fail to notice pedestrians in the roadway. If distracted driving caused a pedestrian accident, the negligent driver may be held liable.

 ● Drunk Driving - Driving while drunk is another common cause of car accidents and pedestrian accidents. Drivers who are legally drunk, or under the influence of other mind- and body-altering substances, don't have the awareness to react to hazards quickly, if at all.

Drivers who are impaired by alcohol or drugs may swerve into a crosswalk, fail to stop at a red light, or drive over the speed limit and hit a pedestrian. If a drunk driver caused a pedestrian accident, that driver could face severe consequences.

 ● Electric Cars - While electric cars pose positive changes as it promotes clean energy, there are some downsides to this newest technology's appeal: it's virtually silent compared to your combustion engine vehicles. While that can also be a good thing as it reduces noise pollution, the drawback is that it makes it difficult for pedestrians to hear them coming.

 As these cars become more common, pedestrian accidents may increase due to these factors. If a pedestrian was hit by an electric car, the driver may face liability.

 Who is Liable in Pedestrian Accidents?

 In most pedestrian accident cases, a driver may be found liable in several ways. The driver of a vehicle may be liable for striking a pedestrian and causing that pedestrian's injuries or death.

 Sometimes, a driver may be liable for striking a pedestrian and failing to stop and render aid. Other times, a driver may be liable for striking a pedestrian and failing to yield the right of way to that pedestrian.

 If drivers are found to be liable, they may be ordered to pay damages to the pedestrian. The pedestrian may be entitled to compensation for medical bills, lost wages, and other financial support for all the suffering to follow.

 In some cases, drivers may be ordered to pay punitive damages and attorneys' fees if they are found to be grossly negligent—such as including driving under the influence of alcohol or drugs, or racing when you hit a pedestrian.

 Different Types of Damages You Can Recover in a Pedestrian Accident Claim

 Some of the most common financial damages you may be able to recover in a pedestrian accident claim include:

 ● Medical Expenses - Medical bills for pedestrian accidents can be so high due to the severity of the injuries and the length of time needed to heal. If the pedestrian has suffered broken bones, they will have to be in a cast or surgery. In the worst-case scenario, the pedestrian could have been killed in the accident and will have funeral expenses to contend with.

 ● Lost Wages - If the pedestrian has been off work for some time, they may be able to claim lost wages for that time. Every person has the right to go to work and make a living. If a pedestrian has been injured and cannot make a living, they can claim lost wages.

 ● Property Damage - The pedestrian may also be able to claim property damage from the accident. Property damage is everything from minor car damage to the pedestrian's property.

 ● Pain and Suffering - The pedestrian will want to claim pain and suffering damages. This is to cover the stress and mental anguish that leads the victim to struggle with the aftermath of psychological trauma from the accident.

 Other damages they may be able to claim to include their inability to enjoy life and their inability to enjoy the activities they used to, due to permanent injuries sustained from the accident.

 The Bottom Line: Let an Accident Lawyer Help Steer Your Pedestrian Accident Case in the Right Direction

 If you've been injured in an accident, you'll want to know where to turn for help. At Mendez & Sanchez Law, we are dedicated to helping victims of pedestrian accidents recover the compensation they need and deserve.

 Our legal team has the experience and skill to investigate the facts of your case and hold liable parties accountable. Don't face the aftermath of your injury alone, so contact us today to discuss your case.

 Are You Looking for Car Accident Lawyers in Los Angeles?

 If you or someone you know has been involved in a car accident, contact our experienced and caring Los Angeles personal injury attorneys for a consultation. We're a Los Angeles auto accident law firm that can walk you through the entire process and make sure you receive the compensation you deserve.

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