Injured as a Pedestrian? Your Official Guide to Compensation
As a pedestrian going out on an evening walk around your neighborhood, the last thing you would ever expect to happen to you is to get into an accident caused by the driver of a vehicle, be it a car, truck, motorcycle, or bicycle. We are always of the opinion and mistaken assumption that road users will always act reasonably and follow road rules and regulations to keep us all safe. Joggers who are perhaps particularly prolific will come as close as they can to the road and use the bike lane in some instances, assuming that other road users will proffer them the courtesy of proper road etiquette. However, the reality is that road accidents involving pedestrians happen all too frequently, and when they occur, the consequences are usually devastating because there is no layer of protection between the pedestrian and other vehicles, as well as the tarmac or pavement, leading to the occurrence of catastrophic injuries. If you were injured as a pedestrian, it is first of all important to realize that it is not your fault and that various forms of negligence may have played a part in the injurious event. It is important to seek out legal assistance so you are made aware of not only what these forms of negligence are, but also what your legal options for compensation are, and we’re here to help with this and so much more.
Are you looking for the best pedestrian injuries compensation attorney? Please call us NOW at (314) 481-63338 to learn more about your legal options for justice and compensation. The experienced pedestrian accidents and injuries lawyers at McCready Law bring to the table over 50 years of combined legal experience where we’ve helped thousands of injured Americans across the country and from all walks of life recover hundreds of millions of dollars after getting injured by the negligent or egregious actions of other individuals. We pride ourselves with being able to successfully litigate cases and win considerable judgments for our clients, particularly in cases where the client has suffered catastrophic or life-altering injuries insurance company negotiations are out of the picture due to the low settlement offers they often present to our clients. In addition to having nationwide reach thanks to our network of referral law firms, we run a bilingual firm (hablamos Espanol), and all cases are taken up on contingency fee basis where there are ZERO UPFRONT FEES for the duration of the processing of your claim as we only levy our fees at the end of the suit, and only if we’ve won your case on your behalf. If you were injured by a driver or motorcycle rider or bicyclist as a pedestrian and are wondering about the true value of your potential claim, please give us a call NOW at (314) 481-63338 to learn more about your legal options for justice and compensation – our intake team is standing by.
Duty of Care in Pedestrian Accidents
According to personal injury law, you are owed a duty of care as a road user by other users to be kept safe by not only operating their vehicles safely, but also to be vigilant for pedestrians. In addition, drivers are also required to obey traffic signals, yield to right of way when needed, and adhere to any speed limits. Should a driver fail to meet this duty of care via a negligent act such as speeding, driving while under the influence of intoxicating substances or simply distracted driving, they may be held liable if you suffered injuries due to their negligence.
Breach of Duty of Care in Injury Claims – How to Prove This
Duty of care is usually followed closely by breach of said duty of care. In personal injury law, we take a look at whether the driver acted as a reasonable person would have had they been in that same situation. For example, would another driver have gotten behind the wheel inebriated and operated the vehicle, or would they have yielded to right of way to let another driver pass through thereby averting an accident? It is important to note here that evidence may play a central role in the establishment of this breach so things like traffic camera footage, witness statements, and even police reports may help corroborate your allegations.
Establishing Causation is Vital in Pedestrian Accident Injuries
Winning a pedestrian accident will require that you establish causation between the breach and your injuries. There are two types of causation which are considered in most cases, and these are actual cause and proximate cause. In actual cause, a judge will refer to whether the accident would have occurred “but for” the driver’s negligent actions. The second form, proximate cause takes a look at if your injuries were a foreseeable result of the actions of the driver or motorcycle rider or cyclist.
Evidence is Key When it Comes to Winning Any Injury Claim
In order to prove causation, it is vital that you have at the ready medical evidence. To this end, you should ensure that you document everything. You should always seek medical attention as an injured pedestrian even if you feel fine as your medical records will contain objective medical assessments and point to injuries you never even know you sustained. In addition, you should keep records of ongoing treatment and rehabilitation to show how the injuries impacted your life, and last but certainly not least, ensure that you have expert testimony from medical providers regarding how your injuries were directly caused by the accident.
Countrywide Pedestrian Injuries Lawyers – Call Us Today!
Pedestrian injuries can be quantified by way of damages, and this can include things like the cost of medical expenses and expected future medical procedures such as reconstructive surgeries which can be performed serially, lost wages due to being out of work due to your injuries, pain and suffering due to the emotional distress and physical pain caused by the accident, and so much more. These cases involve so many moving parts, so it is important that you seek out our assistance so we can not only represent you, but also simplify and expedite the entire process on your behalf. If you are a pedestrian that was injured by a negligent driver on our roads, please give us a call NOW at (314) 481-63338 to speak with a friendly and experienced injury attorney. Thanks for choosing McCready Law, and we look forward to helping you.