Essential Information For Prosecuting Pedestrian Car Accidents

According to the NHTSA, an estimated 60,000 pedestrian car accidents occur annually, with the vast majority of these accidents presenting serious medical injuries and physical complications to the pedestrian struck by an automobile. In a pedestrian car accident, a driver’s level of liability is determined by the law of negligence, which can only be determined on a case-by-case basis. Furthermore, any application of tort law will applied well after an accident scene has been cleared, and while at the scene of the accident, a driver should cooperate with law enforcement, make as few statements to other drivers or the pedestrian struck as possible, and only in emergencies, administer care to an injured victim. Following, an accident, only an attorney can truly advise drivers or pedestrians in pedestrian car accidents about their specific rights following an accident.

Determining Fault (and Negligence) in Pedestrian Car Accidents

In a pedestrian car accident, the party (whether driver or pedestrian) that failed to use a reasonable standard of care given the circumstances will probably be held negligent. However, certainly common are instances where fault is proportionally shared by a driver and pedestrian. State laws widely vary on liability laws concerning personal injury claims, and in turn, the level of fault assessed to given party after an accident is critical in determining whether further legal options are available.

In a pedestrian car accident, certain elements on a given accident may verge on criminal recklessness, such as if a driver was intoxicated at the time of the crash. Typically, pedestrians won’t be held criminally liable for any action resulting in they themselves being struck by a car, but drivers are often held to a higher reasonable standard of care, given that they are operating a potentially lethal vehicle, must adhere to traffic laws, and driving is for privileged (licensed, insured, and ideally, informed) parties only. The problem with determining negligence and fault in any car pedestrian accident is that so many individual elements comprise a bigger picture that lead to the accident. Only an attorney can discern these legal elements and use them to mitigate the legal liability of a party and increase their ability to recover compensation for damages.

Insurance Companies’ Roles in Pedestrian Car Accidents

A driver’s insurance company will often send a claims representative to investigate a given accident scene and determine whether law enforcement’s assessment of fault is accurate. The percentage of fault figure is disputable, and should a driver feel they are being unfairly assessed a disproportionate percentage of liability, they should retain legal counsel.

Furthermore, insurance companies are often liable for damage claims from pedestrians, pending the type of insurance claims coverage a given driver carries. Injured parties will often process claims against a driver and their liable auto insurance company. The ability to recover damages will vary by state statutes, as well as other relevant factors. Every state has different auto insurance requirements and in turn, different drivers and their insurance companies will respond to compensation requests differently.

Getting Legal Help with Pedestrian Car Accidents

Only an attorney can advise a driver or pedestrian in a car accident case. The process of determining fault, filing claims, and possibly filing suit against negligent parties is a complex and often long-term process, which each party should be resigned to endure for the time being. However, with legal counsel, a party can expect a much more favorable outcome from their given pedestrian car accident than they would should they go without counsel.

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