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When a pedestrian accident is serious or fatal - what you should know and doWhen someone is hurt or killed in a pedestrian crash with a car, the experience is traumatic and overwhelming. In the awful hours and days after a collision, every ounce of energy is put towards helping the injured person get the medical help they need. When someone dies in a crash, family members are forced to deal with grief, anger, and loss as they struggle to move forward with life.
After someone is injured or killed in a pedestrian crash, action needs to be taken to ensure that the victim’s rights and options are safeguarded. While a lawsuit might be the furthest thing from your mind, it is often the best way to help a pedestrian crash victim.
Fault in pedestrian accidentsThere are a number of common causes of pedestrian collisions with vehicles. Some accidents are the fault of the driver, some the pedestrian, and some involve shared fault. When a pedestrian is injured due to the fault of someone else, there is help available to begin the process of healing.
Common causes of pedestrian accidents include:
- vehicles running red lights and speeding;
- drivers under the influence of alcohol or drugs;
- drivers failing to yield to pedestrians in crosswalks;
- pedestrians failing to use marked crosswalks;
- pedestrians ignoring crossing signals at intersections;
- pedestrians walking at night in dark clothing.
What types of damages do injured pedestrians face?
After a serious pedestrian collision, an injured person incurs damages including the cost of current and future medical expenses, lost work and wages, pain and suffering, and loss of enjoyment of life. Families of people killed in pedestrian collisions also incur similar damages.
What should you do now?
If you or a family member has been hurt or killed in a pedestrian accident caused by a negligent driver, you will need legal help to make sure your rights are upheld and get reimbursed for your damages. An experienced personal injury attorney will help by assessing your claim and working with an insurance company to get a financial settlement that will ensure your financial recovery. You can leave the legal worries in the hands of the professionals and focus your energy on getting your life back. Most lawyers offer a free initial consultation and charge no fees up front, so there is no cost to learn more about your rights and options.
Below, we have tried to answer many of the questions we commonly hear from clients who contact us in order to retain legal representation after a slip and fall accident.
It is a common misconception that pedestrians always have the right-of-way in vehicle/pedestrian altercations. However, that is not always the case. In some situations, the pedestrian can be partially or completely at fault for accidents, especially in jaywalking incidents.
What is perhaps most interesting and disturbing about this is that cyclists and pedestrians have been the victims of these accidents a disproportionate amount, according to the National Highway Traffic Safety Administration.
Any driver involved in an accident involving property damage or serious injury must stop immediately and remain at the scene. The driver is also required to render aid, where appropriate, and exchange information with the other party.
Vulnerable road users do not have the luxury of seat belts, roll cages, airbags, or even a thin sheet of safety glass. There is nothing that protects them from the impact of a vehicle or the pavement.
Though the national-level findings give rise for real concern, the data on pedestrian fatalities in South Carolina are even more troubling. For 2014, the Palmetto State ranked sixth highest in such deaths, indicating a serious problem in need of immediate attention.
Under Florida law,1 when people are hurt in accidents caused by the negligence of others, they are often entitled to compensation for the losses they sustain. Here are some ways that negligence can result in a slip and fall accident.
Landlords and business tenants and other possessors of land must sweep or otherwise clear out leafs, branches, acorns or other natural or unnatural debris. The property owner must be careful to make sure there are no defects on the walkway.
Most Texans are honest citizens like yourself, just looking for fair compensation in the event they’ve been injured due to the negligence of a person or business. After all, if someone else’s carelessness causes your injuries, they should help you cover them.
You can be partially, or even mostly, negligent yourself. Remember: If you’re an invitee on the premises you have enhanced legal rights as compared to a more licensee or trespasser. Invitees can recover damages even if they were comparatively negligent as long as their own negligence does not exceed 50%.
The majority (approximately 72% of these incidents occurred while it was dark out. Doubtless, walking around at night increases one’s chances of being struck by a vehicle.
If a customer does slip and fall in their public place of business, that store may face a liability claim. There are a number of factors that can be used to determine the degree of liability and the amount of compensation that the store may be obligated to provide the accident victim.
A new report predicts that there will be a 10 percent jump 2014 and 2015, for pedestrian accidents and deaths; the largest rise on record. While there was no specific cause, this could be due to increased traffic resulting in car and pedestrian accidents.
Although it is impossible to keep every cruise ship passenger happy, cruise lines are responsible for the safety of their guests. Recently, two women have filed lawsuits against Carnival Cruise Lines, alleging the company’s negligence caused their slip and fall accidents.
Victims are entitled to compensation for both economic damages, such as medical bills, and noneconomic losses, such as pain and suffering. To ensure they get the treatment they need, most personal injury attorneys write letters of protection on behalf of victims, so third-party medical providers will treat them without upfront cost.
A property owner is generally required to take appropriate precautions and correct problems that could lead to slip and fall injuries. If the person or company who owns the property failed to do this, they could be held legally responsible for your injuries.
According to OHS, it is easy for floors to become hazardous, not only due to improper cleaning over time, but also due to dry contaminants such as sand, uneven concrete, loose floorboards, or slippery build up.
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