In an age where motor vehicle accidents occur routinely, often overlooked are accidents where a person walking or otherwise residing in public (while not driving a motor vehicle) is injured as a result of someone else’s negligence (typically, a motor vehicle). With the ever diminishing pedestrian traffic, non vehicular accidents as still common and it usually involves accidents in parking lots where a pedestrian is trying to get to his or her vehicle.
The type of lawyer that handles pedestrian related injuries is known as a personal injury lawyer. These types of lawyers will help you out through the process and procedures and help clear up the legal ramifications associated with the particulars of your case.
While pedestrian incidents may be diminished by the pedestrian paying heed to the surrounding circumstances, some accidents, as a result of someone elses negligence is sometimes unavoidable. Even though pedestrians usually have the right of way, it nevertheless beehives a pedestrian to take great care to avoid an injury whenever possible.
Precautions to be taken by the Pedestrian after the Accident
- First and foremost, check for injuries and seek immediate help.
- Once you are able to do so, speak with an attorney.
- Check your car insurance papers, it may have the PIP (Personal Injury Protection – your own car insurance may cover under an uninsured motorist policy (UM Coverage) clause.
- Bring all relevant paperwork including the police report, all insurance policies and, whenever applicable, take pictures of the scene and of your injuries. In same cases, the attorney can help you get this evidence if you do not have it handy.
Check these things first, as soon as you feel a little settled, look into the above matters. Do not provide statements to a police officer, lawyers, or bystanders without first consulting with your own lawyer.
Indeed, if you blurt out something wrong or incorrect, the opposition party might use it against you by twisting the already complex laws. Even if the person who caused the accident appears to be helpful, once his insurance attorneys get a hold of the case, the position of the person who caused you harm may change.
A lawyer’s part in pedestrian accident compensation
A lawyer will first and foremost review and study the particulars of your case in deep detail and establish who is at fault, or otherwise, assign a preliminary estimate of the percentage of fault of each perpetrator or individual. The attorney will then make a demand to the person or persons at fault and will ask for compensation commensurate with the damages sustained by the victim or victims.
It will be the goal of the lawyer to help you receive the money for the losses that you have suffered. The lawyer will help you claim all the damages. Each and every loss that you have incurred in the accident should be compensated by the person who caused the accident. In typical pedestrian related accidents the attorney of the victim will be paid a percentage of the award recovered.
Not only the pedestrian, but under certain situations some family members may also have a claim for remuneration such as the case of consortium claims. Typically, the same attorney me represent you and your loved ones without creating a conflict of interest. if the families of the pedestrians are affected, then the driver must compensate for that also.
The amount of recovery in terms of money will depend on the intensity of the injury. One cannot ask for huge compensations for minor injuries. Similarly, the driver should not offer minor amounts of money for extreme injuries specially if the driver is the perpetrator of the accident.
If the injury causes a life time loss to the person, such as in the case of a wrongful termination, then he or she must be compensated on a continual basis by the driver at fault. Also, the driver must pay for all the medical bills of the victim which are related to the accident in the now as well as in the future.
If you have been involved in a pedestrian related accident, the attorneys of Arcadier, Biggie & Wood, PLLC can help. Give us a call for a free personal injury consultation.