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Resources & Suggestions for Pedestrian Accident Victims
Pedestrian Accident Lawyers
Laws, Lawsuits, and Settlements for Bodily Injury and Wrongful Death Accidents Caused by Negligent Drivers
Accidents caused by drivers who are speeding, distracted, texting, drunk, or otherwise failing to exercise reasonably prudent driving practices, continue to pose an increasingly serious threat to the safety of pedestrians. Even during the global pandemic, pedestrian accidents hit a disturbing high. The Governor’s Highway Traffic Safety Administration (GHTSA) noted that this most recent complete year saw “the largest-ever increase in the pedestrian death rate” ever reported by the Fatality Reporting System (FARS) since they were established, over 45 years ago. FARS preliminary data indicates that this year 6,721 pedestrians died in fatal pedestrian accidents. This total amounts to a 4.8 percent increase from the prior year. This tragic increase becomes even more disturbing considering the unprecedented decline in miles traveled by motorists because of COVID-19 and the accompanying lockdowns and restrictions. The Center for Disease Control and Prevention indicates that approximately 137,000 pedestrians suffered injuries severe enough that they had to visit an emergency room.
While walking constitutes a healthy and green mode of transportation, pedestrians tend to suffer severe disabling injuries and even death because they have no protection when struck by a careless or distracted driver. For example, pedestrians are put at serious risk when distracted drivers allow their vehicles to drift onto the curb or into a crosswalk after failing to stop at a red light or stop sign. Per trip, the risk of a pedestrian suffering from a fatal injury is 1.5 times greater than occupants of a passenger vehicle when involved in a crash.
The National Safety Council reports that most pedestrian accidents (81 percent) occur in an urban setting or on the open road. A significant number of pedestrian accidents also occur near intersections. Nearly 3 in 4 pedestrians accidents occur in dimly lit stretches of roadway. Further, almost half of all pedestrian accidents involve a drunk driver or an alcohol-impaired pedestrian. Tragically, older people and children tend to be the most common pedestrian accident victims. Elderly people and others that have mobility issues are exposed to a longer and greater risk for being hit by a vehicle while crossing the street. Seniors also might misjudge the distance and speed of a vehicle because of age-related declines in vision and hearing. Young children might lack the maturity and experience to judge speed and distance with the same accuracy as an adult.
A new victim dies in a pedestrian accident approximately every 88 minutes, according to the National Highway Traffic Safety Administration (NHTSA).
Pedestrians on foot face a serious risk of injury from drivers who disregard the rules of the road. The human body is simply not designed to withstand the force generated by a large projectile of steel, hard plastic, and other hard materials moving at high rates of speed. Insurance adjusters commonly try to dismiss the severity of a pedestrian’s injuries when a collision occurs at a low rate of speed. However, even pedestrian traffic collisions that involve slow-moving vehicles can cause devastating permanent injuries and even death.
Pursuing Damages in a Pedestrian Accident Claim or Lawsuit
Pedestrians hit by motor vehicles often experience permanent debilitating or even fatal injuries.Pedestrian accidents often occur because a driver is texting, speeding, under the influence of alcohol or drugs, or otherwise engaged in risky driving practices. A person injured by the negligence of a motorist has a right to pursue a pedestrian accident claim or pedestrian injury lawsuit. Pedestrians hit by motor vehicles often experience permanent debilitating or even fatal injuries. A settlement or verdict typically includes damages for medical expenses, pain and suffering, lost income from employment, and other damages depending on the circumstances and applicable state or federal law.
If a family member has been tragically lost because of a negligent driver who caused a fatal pedestrian collision, a wrongful death action can be filed to recover compensation. Depending upon the applicable law, a family member(s) may be able to recover what the deceased would have been entitled to receive in a personal injury lawsuit if he had survived, as well as other losses.
Since insurance companies tend to blame pedestrians for causing their own injuries, individuals struck by a car should seek guidance and advice from an attorney regarding the best way to protect their right to receive the fullest compensation for their injuries. Click here for a free case evaluation with a national pedestrian injury law firm.
THE “STATUTE OF LIMITATIONS” FOR PEDESTRIAN INJURY ACCIDENTS
EVERY STATE HAS SPECIFIC DEADLINES FOR INITIATING A PEDESTRIAN INJURY ACCIDENT LAWSUIT. FAILURE TO FILE A LAWSUIT OR PROVIDE REQUIRED NOTICES WITHIN THIS TIMEFRAME RESULTS IN LOOSING YOUR RIGHT TO PURSUE COMPENSATION FOR PEDESTRIAN ACCIDENT INJURIES.
Statutes of Limitations and Car Accident Personal Injury Claims
How the Statute of Limitations Impacts Personal Injury Claims for Pedestrian Accidents
All states have enacted laws that set forth deadlines for filing a car accident claim for injuries caused by a negligent motorist. When a government entity is involved, there are also special time deadlines with very specific notice requirements. If an injury victim fails to file a lawsuit or take the required action within the time designated by the “Statute of Limitations,” the delay means the injured person receives no compensation from the at-fault individual or company. Anyone who has suffered serious injury or lost a loved one needs to understand which deadlines. personal injury claims arising from negligent driving. That’s why it’s so important for injured people to contact an experienced pedestrian accident attorney as soon as possible, so they can analyze the facts , determine which legal time deadlines apply, and file a claim in a timely fashion to protect their legal rights.
Why it’s CRUCIAL to Act Now!
The deadlines established by the statute of limitations will depend on state law and the nature of the claim. However, there are a variety of factors other that also impact the statute of limitations, such as the jurisdiction that applies, where the accident took place, if the injured party was a minor, and more. The determination of applicable deadlines can be complex and are very fact specific As a best-case scenario, delays in seeking compensation can result in injury victims and their families settling for an unjustly modest financial recovery. In a worst-case scenario, pedestrian victims and their families might be barred entirely from bringing a lawsuit to recover financial compensation. For example, a product liability claim based on warranty and a personal injury pedestrian accident negligence claim might be subject to different deadlines. An injured pedestrian should always consult with an experienced pedestrian injury lawyer because while shorter deadlines can apply, there can also be specific exceptions could extend the statute of limitations, such as a case where the injury victim is a minor.
When a government entity is involved as a defendant in a case, such as when the negligent party is driving a state or federal vehicle or they’re working for the government at the time (i.e. a government entity is the negligent/responsible party), a completely different set of legal time deadlines and notice requirements can apply and be much shorter. For example, if a state employee hits a pedestrian in a crosswalk after failing to stop for a red light, It may be possible to bring a claim against the state as the employer, and these special deadline and notice rules would apply. Although non-compliance with these deadlines will bar a claim against the government, if there are other claims that do comply with statute of limitations, these claims may still be pursued, When a federal employee or entity causes injury to a pedestrian, an injured pedestrian will adhere to different time limit and notice requirements under the Federal Tort Claims Act to bring a claim against the United States government.
Insurance contracts also typically contain provisions that impose notice requirements and establish certain time limits. Injury victims must comply with these contractual requirements to avoid the risk of the insurer denying an otherwise valid claim.
Any delay by an injured party in pursuing a claim for damages could run the risk of diminishing the value of the claim despite compliance with the statute of limitations, government tort acts, and contractual timing and notice requirements. Witnesses can disappear, and can have imperfect memories that fade with time, so delay could mean a witness forgets key facts. Additionally, physical evidence could be discarded or lost, which could severely compromise the value of an injured pedestrian’s settlement or damage award in a settlement or at trial.
Your pedestrian collision injury lawyer can evaluate a pedestrian accident claim and advise injury victims about applicable deadlines, and any pre-litigation notice requirements. An experienced attorney can work to protect the value of your claim by acting to preserve critical evidence. Injured pedestrians must act NOW and consult a lawyer as soon as possible. Click here for a free case consultation.
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Montlick Injury Attorneys, a national motor vehicle accident injury law firm, sponsors this website. The firm has helped clients and families rebuild their lives by recovering Billions of dollars in compensation for serious injuries and the wrongful death of loved ones in motor vehicle accident claims since 1984. For information about your legal rights and and the steps that need to be taken to protect those rights, speak to one of our experienced attorneys today. Call Montlick Injury Attorneys nationwide, 24 hours day / 7 days a week, at 1-800-529-7766 to receive your Free Case Evaluation.
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No matter where your injury occurred, our pedestrian accident attorneys are only a phone call away. At Montlick Injury Attorneys, you pay no fees unless you win. Montlick Injury Attorneys is a Top-Rated Law Firm, that has been extensively recognized by the legal community and its clients for providing exceptional legal services. The firm has an impressive track record of success, having successfully recovered Billions of Dollars for families who are the victims of personal injury and wrongful death.
Call the national pedestrian accident law firm of Montlick Injury Attorneys, 24 hours day / 7 days a week at 1-800-529-7766.