Hundreds of automobile-related pedestrian injuries (and fatalities) occur each year due to the fault of drivers. The National Highway Traffic Safety Administration statistics report that approximately 5,000, or more, pedestrians will die each year in accidents involving a vehicle, and a reported 78,000 pedestrians will suffer an injury that involved a car, a bus, or a truck.
Elderly men, women, and children are at a far greater risk for being involved in a vehicle accident. These types of accidents can happen anywhere: in driveways, parking lots, crosswalks, or when walking down the street. A vehicle moving at a slow rate of speed can cause great injury or death to the victim.
When a vehicle hits a pedestrian, one of the first questions that arise is “Who was at fault?” The driver, pedestrian (or property owner, each has a distinct responsibility to always protect a person’s safety by observing traffic rules, crosswalks, and oncoming traffic, etc. The driver of a motor vehicle is always expected to do everything possible in his or her power to avoid hitting or hurting a pedestrian.
It’s important to know that Arkansas is an “at fault” state. This means that the person responsible for the accident is usually fully responsible for the damages, injuries, medical bills, etc., that they have caused. This is one of the reasons that determining fault is so important legally, and to all involved. Evidence, witnesses, photographs, etc. are incredibly important in determining fault in these incidents. Due to severe injury, and chaos at the scene, the fault may not always be noticeably clear, so your Little Rock personal injury attorney may look for other solid means of proof, such as traffic cameras, speed (that may be recorded by the vehicle), braking and skid marks. For example, by the detailed reviewing of the video footage, a driver’s fault may be able to be assigned sooner rather than later.
Recall that serious or deadly injury is the usual outcome of these accidents. So, your medical, recovery, lost wages, and other costs can amount to hundreds of thousands of dollars. By consulting with and getting the professional guidance of your Little Rock, or Conway personal injury attorney, you can be assured of getting the help and funds you need.
What Are Some Ways My Personal Injury Lawyer Can Prove Negligence?
If you are a victim of a pedestrian and vehicle accident, your bills, and costs may skyrocket, so it becomes mandatory to consult with a pedestrian accident lawyer for you to receive the compensation and justice you deserve. A professional pedestrian accident attorney will work for you, by determining the at-fault party and holding them liable.
Below are some of the factors that will be considered to legally determine fault, and liability, in a car vs. pedestrian accident:
- The Driver – In most cases, the driver is held liable, since they were driving recklessly, legally impaired, distracted, or just completely careless and negligent.
- The Pedestrian – Too often, it’s a misconception that a pedestrian is always innocent. Pedestrians also are required to obey traffic laws, use crosswalks, and avoid walking in prohibited areas, such as a highway.
- Miscellaneous factors – Other factors may have caused or contributed to the pedestrian accident, including poor weather conditions, bad road conditions, defective equipment, poorly maintained roads, and more.
- If Both Parties Have Been Negligent – There are cases in which both parties can be held liable for a pedestrian accident. Such as, a pedestrian was jaywalking and is hit by a driver who is texting and driving. Here, both parties may be held partially liable. Legally, this is referred to as “pure comparative negligence”. When “pure comparative negligence” occurs, the pedestrian can still obtain partial compensation even if the pedestrian is held partially responsible for the accident.
What is Needed to Successfully Prove Fault in My Pedestrian Accident?
To successfully, or legally, determine the fault in a pedestrian accident, you require the help of a professional Arkansas pedestrian accident lawyer that will know the ins & outs of the Arkansas laws to determine who is truly at fault. A Little Rock lawyer will fight for justice and compensation for you and your family, so you do not incur out-of-pocket costs for the damages that were caused by this horrific event.
As a victim of a pedestrian accident, some of the types of damages you are entitled to compensation for are:
- A lowered quality of life for you, and your family.
- The pain and suffering you’ve endured.
- Your immediate medical expenses, as well as those that may go on for years, or the rest of your life.
- The emotional trauma that occurs in these atrocious events.
You should never have to deal with the consequences of a pedestrian accident alone!
As a Victim in a Pedestrian Accident, Can the Insurance Company Deny My Claim?
As stated, in most of these cases, the fault (or most of it) is placed on the driver of the vehicle. Due to this fact, you find yourself in an adversarial position, as you are dealing primarily with the drivers’ insurance company.
In most cases, insurance companies in Arkansas have 45 working days to settle a claim after it has been filed. These timeframes must be met, and the insurance companies must acknowledge the claim and then decide whether to accept it, before paying out the final settlement. Unfortunately, insurance companies can, and do, deny claims on occasion, often for legitimate reasons, but sometimes not. Your personal injury lawyer will be invaluable in the insurance company negotiations, and in getting the funds and care you need.
As a Victim of a Pedestrian Accident, What Should I Do First?
Getting professional medical evaluation and help at the scene is your first duty. Your health and life are of paramount importance. Then consult with a Little Rock, Conway, or Cordova personal injury lawyer as soon as you are able. The firm of Denton & Zachary has fought an abundant number of cases and will work to get you the rightful compensation you need and legally deserve.