When pedestrians and motor vehicles collide, the resulting injuries are typically devastating for the pedestrian. Given the vulnerability of a pedestrian, these accidents often have fatal consequences. According to statistics compiled by the National Highway Traffic Safety Administration (NHTSA), more than 6,000 pedestrians were killed by motorists in 2018 alone.
The pedestrians that survive these collisions often face lifelong hardships. Chronic pain, severe disability, and overwhelming medical debt are only some of the consequences of a pedestrian collision. If you were struck by a motorist while on foot, let the team at Bader Scott Injury Lawyers help. Call (404) 888-8888 to schedule a free consultation. An Albany pedestrian accident lawyer can determine if you have a claim for compensation.
The Nature of Pedestrian Accident Injuries
There are obvious reasons for the severity of many pedestrian accident injuries. Motor vehicles outweigh the average person by thousands of pounds. These vehicles, built from steel, glass, and plastic, represent a dangerous injury threat to vulnerable pedestrians. This reality is reflected in a study from the Centers for Disease Control and Prevention (CDC) that shows a pedestrian is 1.5 times more likely to die in a collision than a vehicle occupant. In pedestrian accidents, some common injuries include:
- Internal bleeding
- Broken ribs
- Spinal damage
- Brain injuries, including concussions
- Cuts and bruises
- Broken arms and legs
- Skull fractures
For many pedestrians injured in an accident, medical care could result in a complete recovery or at least an increased degree of physical comfort. The care required following these accidents can be costly, especially for individuals that lack insurance. The team at Bader Scott Injury Lawyers understands the challenges of dealing with medical debt after a pedestrian accident. We can assist you with a legal claim against the driver that struck you. If successful, you could obtain a monetary award to compensate you for your medical costs and other losses. Call (404) 888-8888 to speak with a member of our team today. An Albany pedestrian accident lawyer can investigate your case and file a claim against the responsible party’s insurance company.
For a free legal consultation with a pedestrian accidents lawyer serving Albany, call (404) 888-8888
Determining Liability in a Pedestrian Accident
To recover monetary compensation through an injury claim, a pedestrian must first establish that the driver involved in the accident was negligent. While many people assume pedestrians inherently have the right-of-way compared to motorists, the reality is that not every pedestrian will be entitled to compensation after an accident. Pedestrians must abide by the rules of the road and avoid taking unnecessary risks that could result in a crash.
In Albany, motorists have a duty to keep a lookout for pedestrians while driving. The failure to do so could result in a viable personal injury claim. These accidents routinely occur in crosswalks and intersections where a motorist fails to notice a pedestrian in their path. In other cases, the driver could carelessly leave the roadway and strike a pedestrian on a sidewalk. In any of these cases, the driver could face liability for the damage they cause.
That said, pedestrians have a duty to avoid accidents as well. A pedestrian may not walk directly into the path of an oncoming car when they have reason to believe the motorist will not have enough time to stop. An example could involve a person stepping off the sidewalk to cross the road moments before a driver reaches their location.
With certain accidents, both the pedestrian and the motorist share in the responsibility for causing the collision. State law allows an injured pedestrian to pursue a claim against the driver even when they are partially at fault through a legal theory known as comparative negligence. Under comparative negligence, a plaintiff could pursue their claim so long as they are less than 50 percent responsible for the accident. However, they may only recover the percentage of their damages caused by the defendant. For example, a pedestrian that is 40 percent at fault for an accident could recover at most 60 percent of their losses.
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Potential Damages for a Pedestrian Accident Claim
In the days and weeks following an accident, pedestrians can face a series of physical and emotional hardships. Unfortunately, these accidents can carry financial challenges as well. For that reason, state law allows injury victims to seek compensation for their losses following a pedestrian accident. Some of the types of compensation that might be available include:
- Medical bills. Typically, the cost of medical care is central to a personal injury claim. For serious injuries, these expenses could be both steep and ongoing. Some people suffer from injuries that require treatment for the rest of their life. A successful legal claim could recoup the cost of hospitalization, ambulance transport, surgery, and physical therapy, among other costs.
- Mental anguish. For many pedestrian accident victims, the memory of their injuries can last longer than the physical pain. This mental anguish can be debilitating for many people. A pedestrian accident victim could seek compensation for the mental anguish based on their injuries.
- Lost wages. When injuries are severe, they can prevent an injured pedestrian from maintaining their employment. It is possible to seek compensation for those missed paychecks. Additionally, a personal injury claim could also cover any lost future earning power as well.
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You Could Recover Monetary Compensation Following a Pedestrian Accident
You have the right to pursue your legal options following a pedestrian accident. Even if you played a part in causing the collision, you may be entitled to a monetary award. Never assume you will not qualify for compensation or that your claim is not worth pursuing.
The attorneys at Bader Scott Injury Lawyers can review the facts of your accident and assist you from beginning to end. Our team is ready to get to work on your case. To get started, dial (404) 888-8888 to speak with us today. An Albany pedestrian accident lawyer can help you explore your legal options and fight to protect your legal rights.
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