Auto accidents

What Damages Are Recoverable In Pedestrian Accident Cases?

By March 29, 2017 November 14th, 2018 No Comments

Drivers must take care to look out for pedestrians who are walking both in and out of crosswalks. Because roads are busy and drivers are often in a hurry, pedestrian accidents happen. These accidents often lead to serious injuries because pedestrians have little protection at the point of impact. Below is an outline of what types of damages you may be able to recover after a pedestrian accident. If you have been hurt in an accident, it may be beneficial to speak with a personal injury lawyer for advice.

Pedestrian Accident Causes

Pedestrian accidents happen suddenly and without prior warning. The most common causes of accidents associated with pedestrians are:

  • Failure To Watch Out For Pedestrians
  • Pedestrians Walking In Crosswalks That Are Not Marked
  • Walking In The Evening Or Nighttime
  • Distracted Drivers
  • Drivers Making Left Hand Turns
  • Alcohol Intoxication
  • Quiet Cars

Common Pedestrian Injuries

When people who are walking get struck by cars, trucks, motorcycles or SUV’s, injuries are often severe or life threatening. Some examples of injuries pedestrians may sustain include:

  • Spinal Cord Fractures With Or Without Paralysis
  • Head Injuries
  • Traumatic Brain Injuries
  • Multiple Broken Bones
  • Skull Fractures
  • Crush Injuries
  • Severed Limbs
  • Disfigurement

Proving Fault

The success of your personal injury case will depend on your ability to prove that the driver who hit you was negligent and caused your injuries. Some things that may prove negligence occurred are:

  • Speeding
  • Driving Under The Influence Of Drugs Or Alcohol
  • Driving While Distracted
  • Road Rage

It can be challenging to prove who was at fault in an accident, for this reason it is best to hire an attorney to help you prove your case.

What Damages Can I Recover?

It is not always easy to determine exactly what type of damages you may be awarded after a pedestrian accident. However, some of the most commonly awarded damages are:

  • Ambulance Bills
  • Cost Of Emergency Room Care
  • Hospital Fees
  • Surgery Costs
  • Price Of Therapy
  • Cost Of Medical Devices
  • Emotional Distress
  • Pain And Suffering
  • Lost Income
  • Future Lost Income If You Are Disabled Due To The Accident

Personal injury law is very complicated and damages can vary depending on the circumstances surrounding the accident. For this reason, it is usually best to speak with a personal injury attorney for advice.

Can I Obtain Punitive Damages?

Punitive damages are a monetary award that goes over and above the amount of the settlement the jury awards you in your case. These damages are meant to be very harsh, so the defendant is discouraged from committing the same acts again in the future. Not all states allow punitive damages to be awarded but California law does allow these types of damages in certain instances. Punitive damages may be awarded in California in cases where a judge or jury feels the defendant committed an act of gross negligence that caused your injuries.

How Can A Lawyer Help Me?

If you are seeking compensation for a pedestrian accident, a lawyer may be able to help you in a variety of ways by:

  • Hiring An Investigator To Learn The Facts In The Case
  • Obtain Copies Of Police And Medical Reports
  • Negotiate With The At Fault Drivers Insurance Company
  • File Your Claim In Court
  • Represent You At Trial

Being involved in any type of accident is frightening and pedestrian accidents are not exception. If you have been hurt in a pedestrian accident and sustained serious injuries, it may benefit you to speak with a personal injury lawyer to learn what direction you should take in your case. While winning a settlement cannot begin to replace all you have lost, it can give you the financial resources needed to move forward after your recovery.

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