More than 7,000 pedestrians die on America’s roads every year.
Pedestrians are far more vulnerable in road accidents and up to 1.5 times more likely to be killed in a car crash than a driver or passenger. It’s at times like these that it becomes important to choose lawyers for pedestrian accidents who can help you navigate a legal maze.
Choosing wisely increases the likelihood of filing a successful claim – and receiving compensation for your injuries.
Keep reading to learn how to make that choice.
Understanding Your Rights in a Pedestrian Accident
Every case is unique. And, while laws vary between states, you always have the right to seek compensation from the person who caused you injury.
The Nature of Pedestrian Injuries
Pedestrian accidents are some of the most dangerous kinds of road accidents, and the resulting injuries can inhibit your quality of life forever. In the wake of a pedestrian accident and after immediate medical concerns have been addressed, it’s time to think about your legal options.
The first and most crucial step is to understand your rights as a pedestrian.
Put simply, you’re entitled to compensation if you weren’t at fault for an accident. And you may be entitled even if you were partially at fault for the accident – many states, including Texas and Nevada, use comparative negligence laws for cases of partial fault.
What’s the difference between comparative and contributory negligence?
Both are similar rulings that dictate what percentage of the full value of compensation is owed in a pedestrian accident claim. Under comparative negligence, for instance, a plaintiff can recover 80% of the damages if they are 20% at fault.
Contributory negligence is only used by a few states across the U.S. and states that a plaintiff cannot recover damages if they’re even partially at fault for an accident occurring. Naturally, this law results in miscarriages of justice, which is why most states rely on a variant of comparative negligence law.
Claiming Compensation in a Pedestrian Accident
You have the right to seek compensation for your injuries, and the compensation you can receive covers various damages and losses:
- Medical expenses
- Pain and suffering
- Lost wages
- Other damages
Yet to successfully claim compensation, you’ll need to prove that the driver of the vehicle was at fault. In most cases, this means you’ll need to demonstrate the driver was negligent or reckless.
How do you prove negligence?
This involves evidence. Eyewitness testimony, dashcam footage, CCTV, and expert witness testimony are all forms of evidence that will strengthen your case. Having an experienced accident lawyer on your side is important to present your pedestrian accident case in the strongest possible light.
A lawyer will guide you through the process, gather evidence, and advocate for your rights.
Accident lawyers and insurance companies are so experienced in managing these cases that most of the time, they’re settled out of court. One of the most recent studies by the Bureau of Justice Statistics found that 95% of cases are settled out of court.
Why?
In most cases, it’s clear who is at fault – and going to trial is expensive.
How Much Compensation Are You Owed?
Compensation paid to pedestrians ranges from hundreds to tens of thousands of dollars. It all depends on the nature of your injuries and the damages you suffer as a result of the accident.
On average, averages vary wildly between states but tend to sit in the realm of $10,000 to $20,000 for pedestrian accidents.
Do You Need a Lawyer for Pedestrian Accident Injuries?
You’re well within your rights to handle your pedestrian accident case yourself. But, in truth, having a lawyer can greatly improve your chances.
Above all, a lawyer will simplify the legal process for you and help put your mind at ease, knowing you’re in good hands.
They will gather evidence to support your claim and negotiate with insurance companies. While it’s rare for accidents to wind up in court (above) – your lawyer will represent you should that happen. Furthermore, a lawyer can ensure you claim all damages you’re entitled to, including those you may not know of.
Now, hiring a lawyer does involve some costs.
Yet many accident lawyers work on a contingency basis, which we’ll explain in detail below. Contingency means your lawyer only gets paid if you win the case – and their earnings constitute a portion of the compensation you receive.
How To Choose Lawyers for Pedestrian Accidents
Choosing the right law to plead your case sets you on the path toward recovery. The main factors to consider in making your choice are:
- Looking for a pedestrian accident specialist
- Investigating the lawyer’s reputation for success
- Choosing a lawyer who communicates clearly, openly, and empathetically
Lawyers who specialize in pedestrian accident injuries have the knowledge and experience to handle the complexities of such cases.
The lawyer’s reputation will tell you whether their money is where their mouth is. Look for a lawyer who is known for their integrity and professionalism. Above all, look for somebody with proven success in handling pedestrian accident cases.
This sort of information isn’t hard to find – you can learn about a lawyer’s reputation by reading online reviews or asking for recommendations from friends and family.
Why is communication important?
It’s a key asset in any legal case. You want a lawyer who will keep you informed, explain things clearly, and answer your questions promptly. That way, you’ll never be left in the dark, wondering whether you’ll ever be compensated for your hardship.
Finding a Good Fit
You’ll be working closely with your lawyer, so it’s important to find someone you feel comfortable with.
When you meet with potential lawyers, pay attention to how they treat you. Do they listen to you and show empathy? Do they explain things in a way that you can understand? Do they seem genuinely interested in helping you?
The Importance of Clear Communication
As we mentioned above, good communication is highly important. A lawyer who communicates well will make the process smoother and be kind to your nerves.
But what does “good” communication look like in legal proceedings?
It’s a professional who will explain your options clearly. They’ll cut through the legal jargon and answer your questions promptly. Many will assign a paralegal to inform you the moment there’s a change in your case, and that paralegal will often be your first contact if your lawyer is otherwise engaged.
So, when you’re shopping around for options for lawyers, pay attention to how they communicate.
Do they explain things in a way that you understand? Do they respond to your emails promptly? Do they reassure you about your concerns, and crucially, do they make you feel comfortable to ask questions and make inquiries?
Some people prefer a lawyer who is straight and direct. Others find a warmer, diplomatic approach more appealing. So, choose a lawyer whose style suits you and makes you feel comfortable.
A Lawyer With the Right Kind of Experience
A lawyer with experience handling pedestrian accident cases will know the relevant laws and procedures like the back of their hand. They’ll also have insider knowledge of the delaying tactics insurance companies like to employ and the strategies of the defense lawyer representing the person.
That’s the kind of person you want to represent you.
When comparing lawyers, be upfront. Ask about their experience with pedestrian accident cases. How many cases have they handled?
What were the outcomes of those cases? Do they have experience negotiating with insurance companies and representing clients in court?
Hiring Pedestrian Accident Lawyers
Some lawyers charge by the hour, while others work on a contingency fee basis. Some charge a one-time fee for an initial consultation, while others offer it for free before deciding whether or not they wish to represent you.
When comparing lawyer fees, it’s important that you ask about additional or hidden costs. You may be expected to cover out-of-pocket expenses, such as court fees, photocopying, and expert witness fees.
While these costs might sound benign, they can add up.
Make sure you understand them before hiring a lawyer so that you can make an informed decision.
What Are Contingency Fees?
Many pedestrian accident lawyers work on contingency: If you don’t get paid, they don’t get paid. Usually, the fee is a percentage of the damages you’re owed.
This is a win-win for both parties because you can seek legal representation even if you can’t afford to pay upfront. But that doesn’t mean you should sign on the dotted line without asking questions.
Ask any prospective lawyer to explain their contingency fees.
It’s likely there will be some additional costs you’re expected to cover, such as the cost of filing a claim. Make sure you understand the percentage they will take before you hire them.
Finding Free Initial Consultations
Free consultations are a common practice in contingency-based tort law.
It’s a chance for you and a lawyer to meet and establish a working relationship. It’s also an opportunity for the lawyer to assess your case, highlight its strengths and weaknesses, and determine whether they can help you.
During the consultation, the lawyer will ask you about your injuries, medical treatment, and the circumstances of the accident. They’ll also inquire about other financial losses you’ve incurred as a result.
This isn’t the time to be coy – the more details you provide, the more your lawyer will have to work with.
Finding Pedestrian Accident Lawyers
Start by asking for recommendations from friends and family.
In the past, they may have worked with a good lawyer who can help you. Searching for lawyers in your area online is also a good place to look – you can read reviews at the same time to see what their past clients think of them.
Remember, though, to take testimonials with a grain of salt. Lawyers don’t display the opinions of disgruntled clients front and center.
Once you’ve narrowed down your list, schedule initial consultations with a few lawyers. This will give the two of you a chance to meet – and consulting with multiple lawyers will also help you get your feet wet and used to common procedures and questions.
Then you can make a decision.
How To File a Pedestrian Accident Claim
How do you file a claim following a pedestrian accident? Filing an accident claim isn’t the same as filing a lawsuit. It’s a complex process (and you can visit this website to find some tips) – but having the right lawyer on your side makes it easier.
The basic steps involved include:
- Seeking medical treatment
- Gathering evidence
- Hiring a lawyer
- Filing a claim
- Negotiating a settlement
Your health is your first priority – and you should seek immediate medical treatment after an accident even if you feel healthy. This will also provide documentation of your injuries, which can be vital in increasing the amount of compensation you’re owed.
Photos of the accident scene, witness statements, and police reports are all crucial forms of evidence that will strengthen your case. When you hire a lawyer, they will gather evidence on your behalf, but getting your hands on evidence early will strengthen your position.
Your lawyer will also file a claim, negotiate with insurance companies and represent you in court (if necessary). The claim is filed with the other driver’s insurance company, which will accept whether to accept or deny it.
If it’s accepted, your lawyer will then negotiate a settlement for you. If not, they may recommend filing a lawsuit.
Hire a Lawyer To Defend Your Rights
To choose lawyers for pedestrian accidents, you want to find a professional with the experience to fight your case and the reputation to see it through to the end. Don’t delay in taking the necessary steps to protect your rights following a pedestrian accident.
Understand your rights, make an informed decision, and seek the justice you deserve.
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