Legal Considerations In Pedestrian Accident Cases

19 April 2023
 Categories: Law, Blog


Pedestrian accident cases involve an individual walking or running being injured by a motor vehicle. These cases can be complex, as they require a thorough understanding of pedestrian safety laws, motorist responsibility, and the legal process for obtaining compensation. This can seem like an overwhelming challenge for a victim, but attorneys can help pedestrian accident victims pursue justice.

Know The Common Injuries In Pedestrian Accident Cases 

Pedestrians are vulnerable to severe injuries when involved in an accident with a motor vehicle. Common injuries pedestrians sustain include fractures or broken bones, head trauma, spinal cord damage, and a host of other serious injuries. These severe injuries can occur even when the accident involves relatively slow speeds.

Be Aware Of The Types Of Compensation Available To Injured Parties

Injured pedestrians may seek compensation for the damages resulting from their accidents through personal injury claims or lawsuits against negligent drivers. Typical forms of economic damages sought include medical expenses for treatment related to injuries sustained in the accident. Furthermore, these victims may pursue compensation for lost income due to work absences during recovery periods or reduced earning capacity resulting from disability.

Comparative Fault Can Be Found In Pedestrian Accident Cases

Comparative fault is a legal principle that apportions damages based on each party's responsibility for causing an accident. In pedestrian accident cases, this might involve examining whether the pedestrian was crossing at a designated crosswalk or wearing high-visibility clothing to determine how much fault they bear relative to the driver. If both parties are found partially at fault, the compensation awarded to an injured pedestrian may be reduced to reflect their share of responsibility.

Determining comparative fault involves investigation and analysis by professionals. Witness accounts may be reviewed during this investigation, and skid marks and vehicle damage patterns will be analyzed. Legal representation can prove invaluable during this process because a personal injury attorney may have access to expert resources and insights to clarify liability issues so that their clients receive fair compensation.

Statute Of Limitations For Filing A Claim

The statute of limitations refers to a legally imposed deadline by which injured individuals must file civil claims related to their accidents. This deadline varies depending on the jurisdiction but typically lasts a few years following an incident.

In some situations, exceptions may extend these deadlines, but this is generally rare. As a result, individuals must be diligent in ensuring they comply with this limitation. Hiring a pedestrian accident attorney promptly can help you resolve your case and avoid missing this deadline.

Consult a pedestrian accident attorney to learn more.