Pedestrian accidents can lead to bad injuries and legal problems. It’s important to know your rights and choices to get the help you need.
Walking is a good way to exercise, but it can be risky for people on foot. Even a slow-moving car can cause bad injuries if it hits you. You need an experienced pedestrian accident lawyer to protect your rights and help you get compensation.
What Causes Pedestrian Vehicle Accidents?
Pedestrian vehicle accidents happen for many reasons. Staying alert can help prevent them.
Distracted Driving
Drivers get distracted by phones, eating, or talking. They may not see a pedestrian crossing. This can lead to car accidents.
Speeding
Speeding makes it hard to stop in time. It also makes crashes more dangerous. In busy areas, speeding puts pedestrians at risk.
Failure to Yield
Some drivers don’t stop for pedestrians at crosswalks. Pedestrians usually have the right of way. Ignoring this can cause accidents.
Impaired Driving
Alcohol and drugs slow down a driver’s reaction. Impaired drivers often miss seeing pedestrians. This increases the chance of accidents.
Jaywalking
Pedestrians sometimes cross streets without using crosswalks. This surprises the driver. Pedestrian motor vehicle accidents can happen when drivers don’t expect to.
Poor Visibility
Motor vehicle crashes happen at night or in bad weather. Drivers have trouble seeing in the dark or rain. Pedestrians in dark clothes are especially hard to see.
Left Turns at Intersections
Drivers focus on other cars when turning. They may forget to check for pedestrians crossing.
Inexperienced Drivers
New drivers might not know how to react. They may not notice pedestrians or follow rules correctly.
Who Is Liable in a Pedestrian Accident?
The pedestrian, or both can be responsible. Legal help can make sure everything is clear.
When the Driver Is Responsible?
Drivers must follow the rules and be careful around pedestrians. A driver may be responsible if:
- Not Paying Attention: The driver was texting or distracted.
- Driving Too Fast: The driver was speeding and couldn’t stop in time.
- Not Stopping at Crosswalks: The driver didn’t stop for someone crossing the road.
- Running a Red Light: The driver ignored traffic lights and hit a pedestrian.
- Drunk Driving: The driver was under the influence of alcohol or drugs.
When the Pedestrian Is Responsible?
Pedestrians must also follow the rules. A pedestrian might be responsible if:
- Crossing Without a Crosswalk: The pedestrian crossed the road in the wrong place.
- Not Paying Attention: Pedestrian accidents occur when individuals are texting or not looking before crossing.
- Stepping in Front of a Car: A pedestrian accident occurs suddenly stepping into the street, giving the driver no time to stop.
When Both Are Responsible?
Sometimes, both the driver and the pedestrian are responsible. This is called shared blame. For example, if the driver was speeding but the pedestrian wasn’t in a crosswalk, both could be at fault.
How Do You Know Who Is at Fault?
To decide who is responsible, you can look at:
- Police Reports: The police write down what happened.
- Witnesses: People who saw the accident can tell what they saw.
- Cameras: Traffic cameras can show the accident and who did what.
Why Legal Help Is Important?
Accidents can be confusing. A lawyer can help figure out who is at fault and help you get what you deserve.
What Should You Do After a Pedestrian Vehicle Accident?
You can stay safe and handle the accident properly. Whether you are a pedestrian or a driver, it’s important to be careful.
- Stay calm and check for injuries. Call 911 if needed.
- Don’t leave. Wait for the police.
- Call the police and get a report.
- Get names, phone numbers, and license details.
- Take pictures of the scene and any injuries.
- See a doctor, even if you feel okay.
- Report the accident to insurance.
- Talk to a lawyer for help.
- Keep all papers, like medical bills and insurance info.
How Can a Lawyer Help After a Pedestrian Accident?
A lawyer will protect your rights, collect proof, and handle the legal process. This will make things easier for you after a pedestrian accident.
- A lawyer explains your rights and compensation options.
- They deal with insurance companies for you.
- Lawyers collect evidence like reports and photos.
- They negotiate for a better settlement.
- If needed, they file a lawsuit and represent you in court.
- Lawyers help you get money for medical bills and lost wages.
- They handle the legal work, reducing your stress.
What Are a Pedestrian’s Legal Rights in an Accident?
Pedestrians have rights to care, compensation, and safety after an accident. These rights protect them.
Right to Medical Care
Pedestrians can see a doctor after an accident. Even small injuries should be checked.
Right to Compensation
Pedestrians can get money for:
- Medical Costs: Doctor visits, treatments, and medicine.
- Lost Wages: Money for missing work.
- Pain and Suffering: Compensation for pain and stress.
Right to File a Claim
Pedestrians can file a claim with the driver’s insurance. This helps cover costs.
Right to a Lawyer
A pedestrian can get a lawyer. Lawyers help get fair compensation.
Right to Hold Driver Responsible
If the driver was careless, the pedestrian can sue them.
Right to Report the Accident
Pedestrians can report the accident to the police. The report helps prove who was at fault.
Right to Safety
Pedestrians have the right to walk safely. Drivers must follow the rules.
Can Pedestrians Be at Fault in Accidents?
Pedestrians can cause accidents. They must follow rules. Drivers and pedestrians share safety. Stay alert.
Yes, pedestrians can sometimes be at fault in accidents. Drivers must be careful, and pedestrians should follow pedestrian safety programs. If a pedestrian crosses the road without using a crosswalk, they could cause an accident. Ignoring traffic lights or suddenly stepping into traffic can also make a pedestrian responsible. Both drivers and pedestrians need to stay alert and follow the rules to avoid accidents. Being safe is important for everyone on the road.
How Do Insurance Claims Work in Pedestrian Accidents?
Insurance covers costs in pedestrian accidents based on who is at fault.
In a pedestrian injury, insurance claims depend on who caused the crash. If the driver is at fault, their car insurance will pay for the pedestrian’s medical bills and damages. The pedestrian’s health insurance can also help cover costs. If the driver doesn’t have enough insurance, the pedestrian can use their insurance to get help.
What Compensation Is Available for Pedestrian Accidents?
Pedestrians hurt in accidents can get money for medical bills, lost wages, and other damages.
If a pedestrian is hurt in an accident, they can get money to cover costs. This includes paying for medical bills, lost wages, and pain caused by the accident. They may also get money for damaged items like phones or glasses. If pedestrian deaths occur, the family can receive help with funeral costs and support.
Why Seek Legal Advice After a Pedestrian Accident?
Legal advice ensures fair compensation and protects your rights after a pedestrian accident.
Seeking legal advice after a vehicle’s pedestrian accident helps you get fair compensation. A lawyer can handle claims, talk to insurance companies, and protect your rights. They make sure you get what you deserve and avoid any legal issues.
How Long Do You Have to File a Claim?
You have about 2 to 3 years to file a claim, depending on your state. It’s best to act quickly and consult a lawyer.
The time to file a claim depends on your state’s rules. Most states give you 2 to 3 years from the accident date. If you miss this time, you can’t get compensation. It’s important to act fast and talk to a lawyer to protect your rights.
FAQs
What should I do if a vehicle hits me?
Stay calm. Check for injuries. Call 911. Take pictures and talk to witnesses. See a doctor. Contact a lawyer.
Who is at fault in a pedestrian accident?
It depends. The driver, the pedestrian, or both could be at fault. A lawyer can help find out.
Can I get money after a pedestrian accident?
Yes, you can get money for medical bills, lost wages, and pain. A lawyer can help you get what you deserve.
How long do I have to file a claim?
You usually have 2 to 3 years. It’s important to act fast and talk to a lawyer.
Why should I get a lawyer after an accident?
A lawyer protects your rights. They deal with insurance and fight for fair money.
Can pedestrians be at fault in accidents?
Yes, if they break traffic rules like jaywalking or not following lights.
What can I get compensation for?
You can get money for doctor bills, lost work, pain, and broken items. Families can get help with funeral expenses if necessary.
Let Us Fight for Your Rights – Reach Out Today!
If you need help with SSDI benefits in New York, the Law Office of Frank A. Cetero is here for you. They can assist with SSDI claims to get you the benefits you need, especially if you were in a pedestrian accident or car accident. If your claim is denied, they handle appeals and disability hearings to help you.
They also handle workers’ compensation claims for those hurt in motor vehicle crashes or other traffic crashes. If you’ve suffered serious injuries from a pedestrian accident or pedestrian fatalities, they will work to get you compensation.
If you were hurt in a pedestrian accident due to a driver ignoring traffic signals or oncoming traffic, they can help. They also manage long-term disability claims for those who can’t work after a car accident.
The lawyers at the Law Office of Frank A. Cetero know New York laws well. They will help with SSDI claims, appeals, and more. Contact them today for a free consultation, and they’ll fight for the compensation you deserve.