Motorists, bicycles, and pedestrians would all be able to share the road safely in an ideal world. Providing all drivers keep an eye on each other, they will obey the traffic laws and yield to other drivers as necessary.
The world in which we live is obviously different. Pedestrians are, without a doubt, the most vulnerable road users. A car is no match for the human body, especially when the driver is distracted or inattentive.
After a severe injury, it is easy to become stressed about keeping it all together and paying your expenses. Get legal advice from DDR Lawyers if you have been injured in a pedestrian accident.
Incidence of Pedestrian Deaths on The Rise
Obesity is rife in the United States, and many people have turned to a more active lifestyle to address the health issues associated with being overweight.
These ingenious tiny gadgets provide so many distractions that it’s challenging to keep track of them all. Drivers who check their emails, respond to texts or view social media while driving put everyone on the road at risk.
Due to more motorist distracted attention, pedestrian injuries and fatalities have increased. In the Governors Highway Safety Association’s estimates of 2020 pedestrian fatalities, the rising trend in mortality has continued.
Injury to Pedestrians Can Have Catastrophic Consequences
In a car accident, pedestrians are particularly vulnerable to severe injuries. These collisions usually result in devastating and life-altering injuries. An individual’s life can change in an instant, preventing them from working, caring for children, or following their hobbies. Pedestrians are most commonly injured by vehicle crashes as follows:
- Bone fractures
- Loss of vision and eye damage
- Disfigurement and injuries to the face
- Amputated limbs
A wounded pedestrian can often sue the at-fault driver’s insurance company for reimbursement.
In some circumstances, a hit-and-run driver causes injury to a pedestrian. An uninsured or underinsured motorist may be able to sue a pedestrian’s own insurance company in these situations.
Can I get Compensation for a Pedestrian Accident?
Compensation is crucial in the wake of a collision because pedestrian accidents are among the worst. What you are entitled to get is based on a number of factors, such as the accident’s origin and the driver’s behavior that contributed to the harm.
Economic and Non-Economic Compensation
As with any other circumstance involving carelessness, you are entitled to compensation for both economic and non-economic losses. Your economic compensation will cover any out-of-pocket costs or financial losses you incur as a result of the pedestrian accident. For example, you may be entitled to compensation for the amount you spent on medical expenses or any lost wages resulting from the injury.
Your non-economic damages won’t be directly quantifiable in dollars. Instead, they pay you for your continued agony and pain. You may be entitled to compensation, for instance, if the harm you suffered lowers your quality of life.
Additional Damages You Might Recover
The circumstances and jurisdiction in which your accident occurred can influence whether you are eligible to receive punitive damages. This kind of compensation, often known as exemplary damages, is only accessible when two important events take place:
- Only if you obtain monetary compensation are you eligible to earn exemplary damages.
- You must establish beyond a reasonable doubt that the driver’s actions were willful or egregiously negligent.
You might be qualified to get this kind of compensation if the two conditions mentioned earlier apply to your circumstance. Penal damages are intended to punish negligent parties and deter them from repeating the mistake.
Understanding your rights is beneficial when you need to seek the highest compensation. The advice of a legal professional is always helpful when you want to understand which types of compensation you may be eligible for. After all, you need someone who can use the available information and their understanding of the circumstances to hold negligence accountable.
Factors that Can Impact Florida Pedestrian Liability
Many factors can influence the driver’s or pedestrian’s duty of care in pedestrian cases. Therefore, it can be difficult to determine fault in pedestrian accidents. Whatever the mode of transportation, road users must remain alert, drive safely, and obey all traffic laws.
Some elements that may influence responsibility in a pedestrian accident include:
- Crosswalks. In crosswalks with a red traffic light and a walk signal, pedestrians always have the right of way. In order to cross a crosswalk, motorists should stop completely and remain seated until the pedestrian has cleared the intersection. When there is no crosswalk at a junction, drivers must stop, regardless if there is a crosswalk.
- Sidewalks. There may be liability for pedestrian accidents when they are using the road rather than a sidewalk along a section of the road. The general rule is that when there are no sidewalks, drivers are allowed to cross the road only on the shoulders when the traffic is going in the same direction as the crossing.
- Disabilities or limitations. Disability can make it challenging for people to see all the potential dangers in their path or to cross the street rapidly. When approaching intersections, motorists should be cautious and should give way promptly to pedestrians who are carrying wheelchairs, walkers, canes, or other devices indicating a potential impairment.
- Bridges and overpasses. Only when a designated walkway is present across a bridge should pedestrians cross it. As long as they are traveling with traffic, bikers are allowed to cross bridges on highways. A bicycle or pedestrian ought not to enter a bridge or railroad crossing if a gate or barrier has been lowered or if signal lights are blinking.
Taking on a giant insurance firm with almost limitless resources is difficult. However, if you have a good lawyer on your side, you have a lot better chance. A knowledgeable legal professional will work tirelessly on your behalf to ensure that you receive all compensation, including money for pain and suffering, lost wages, medical bills, mental stress, and even future lost wages and assistance.