Based on a recent report from the National Highway Transportation Safety Administration, more than 60,500 pedestrians were injured in traffic accidents during the last year for which information is available. Over 7,000 lost their lives at the hands of drivers. If you’re injured at a crosswalk, certain options are available to you.

Understanding these types of accidents, the responsibilities involved, and what you’re entitled to is the key to ensuring your rights are upheld. Turning to a lehi car accident lawyer is recommended as well. A lawyer can help you better understand your rights and what you’re entitled to based on the specific details of your case.

Right of Way

Pedestrians generally have the right of way, and drivers are required to yield to them. That’s the case from a legal standpoint in clearly marked crosswalks. Morals and common sense prompt most people to stop for pedestrians even if they’re not walking in designated areas. Of course, because of distractions, road rage, and other factors, they don’t always do so. That being said, pedestrians also have a responsibility to watch for traffic and obey crosswalk rules.

Determining Who Is at Fault

In many accidents involving pedestrians, the drivers of the vehicles involved are deemed responsible. It’s usually a matter of negligence on the part of the driver. By law, though, comparative or contributory negligence could come into play. That means pedestrians could be found partially at fault. If it’s proven that you didn’t follow traffic signals or contributed to the accident in another way, the damages you’re entitled to could be reduced. In some instances, the city or county that’s responsible for maintaining the crosswalk may be held partially accountable. That often happens when inadequate signage, poor visibility, and other factors contribute to an accident.

Insurance Claims

You’ll be able to file a claim with the driver’s insurance company. When you do, you’ll need to provide proof of your injuries and information about the accident. Be sure to have all that information on hand, including paperwork from the hospital and your doctor, photos of the accident scene, witness statements, and the police report from the accident. Unless the insurance company tries to deny your claim, the payout should cover at least a portion of your medical expenses.

Filing a Personal Injury Lawsuit

If the driver’s insurance company denies your claim or the payout doesn’t cover all your injuries and related expenses, you can file a personal injury lawsuit. A personal injury lawyer can gather additional evidence, bring in expert witnesses, and take other measures to strengthen your case. Working with a lawyer gives you reassurance and reinforcement against the driver’s insurance company.

Compensation

When you file a personal injury lawsuit, you may be entitled to compensation for your injuries and losses resulting from the accident. You can pursue compensation for medical expenses and any time you miss from work because of your injuries. Pain and suffering may also enter the mix. If any of your belongings were damaged in the accident, like jewelry, a laptop, or your phone, you can request compensation for that as well.

In cases where a pedestrian dies because of a crosswalk accident, the victim’s family can file a wrongful death claim. These cases extend to include additional damages. Funeral expenses, loss of financial support, and loss of companionship are some of the possibilities.

Seeking Justice for Pedestrian Crosswalk Injuries

If you’re injured in a crosswalk accident, you have the right to file an insurance claim and pursue a personal injury lawsuit to receive compensation for your injuries and losses. Your compensation will be determined by your injuries, lost wages, damaged personal belongings, and the extent to which you may have contributed to the accident. Be sure to receive medical care promptly after the accident to help prove your injuries. Your police report, photos and videos of the accident scene, witness statements, and other evidence will further back up your claims. A lawyer can be a valuable ally along the way.

Published: 2024-01-30 23:29:48