Unfortunately, pedestrian accidents are common and result in serious injuries and, in some tragic cases, fatalities. The accident can happen in a split second, and the victims usually suffer from high medical bills, lost wages, and emotional distress. If you or a loved one have been injured in a pedestrian accident, you will want to understand the process through which a pedestrian accident attorney can help you navigate the complexities of a lawsuit. Here, we’ll discuss how a legal professional is indispensable in pedestrian accident cases and what might you expect during the legal claims process for your injury.
A) Legal Responsibility in Pedestrian Accidents:
Pedestrian accidents are common in cases where a pedestrian is hit by a motor vehicle either on a crosswalk, at an intersection, or walking along the road. These accidents can be attributed to negligent drivers or poor road conditions or a combination of both. Some of the most common factors that lead to pedestrian accidents include distracted driving, speeding, driving under the influence, failure to yield, or running red lights.
When a pedestrian is injured, the driver or other responsible party may be liable for the injuries sustained. However, proving liability in pedestrian accident cases can be challenging, as multiple factors may be involved. This is where the expertise of a pedestrian accident attorney comes into play.
B) Why You Need a Pedestrian Accident Attorney:
This process is complex and time-consuming and involves an intricate legal landscape which cuts across state and local regulations, policies from insurance companies, and covert negotiation gimmicks that an ordinary man cannot understand without any formal legal training. A pedestrian accident lawyer would do the following:
1) Investigate the Accident:
The first thing a pedestrian accident attorney should do is conduct extensive investigation about the accident. They will amass all necessary evidence, comprising police reports, witness statements, surveillance cameras, and medical records, to make the facts of the case. The investigation of the accident scene and amassing evidence can be the difference between winning or losing a lawsuit. A legal expert might work alongside the accident reconstruction specialists to decipher the actual cause of the accident.
2) Identify Liability:
The driver is often the first, or most obvious, party responsible for an accident with a pedestrian. However, liability is not limited to the driver alone and often falls on property owners, government agencies, or other motorists. A seasoned pedestrian accident attorney can establish all sources of liability to ensure that you are holding the right parties accountable.
For instance, if the crosswalk was ill-designed or a sign was absent, it is likely that a local government or municipality could be liable. Your attorney will highlight such areas and see how it will influence your case.
3) Insurance Companies’ Management:
Dealing with insurance companies can be frustrating, especially when they try to minimize the compensation you receive. Insurance adjusters are trained to protect their companies’ bottom line, not your health or well-being. A pedestrian accident attorney acts as your advocate and negotiates on your behalf, ensuring that you are not pressured into accepting a lowball settlement offer.
Additionally, if the at-fault party’s insurance company rejects your claim, your attorney can help you appeal or even take legal action. They will use their expertise in the law to fight for the best outcome.
4) Calculating Damages:
Another important role of a pedestrian accident attorney is to calculate the damages you are entitled to. This is not just limited to immediate medical bills and repair costs but also includes long-term medical expenses, lost wages, and pain and suffering.
Victims of pedestrian accidents often suffer permanent disabilities or chronic pain, which may require continuous medical treatment, rehabilitation, and emotional therapy. An attorney can help assess these long-term costs and ensure that your lawsuit includes compensation for future needs.
5) Navigating the Legal Process:
The legal process in pedestrian accident cases is lengthy and cumbersome. There are many procedural requirements, such as filing paperwork and meeting deadlines. Missing a deadline or failing to file the necessary paperwork can jeopardize your entire case.
A pedestrian accident attorney will ensure that all forms required are completed on time, with each step of the legal process carried out effectively. They also appear in court for you. That is to say, they will take up most of your time, thereby allowing you to concentrate more on recovery rather than legal technicalities.
C) Steps Involved in Filing a Pedestrian Accident Lawsuit:
Most pedestrian accident lawsuits settle out of court. But negotiating a good settlement requires powerful legal expertise and knowledge of the opposing party’s tactics. A pedestrian accident attorney will negotiate settlements with the insurance company using evidence gathered to build a compelling case.
If the case cannot be settled, your attorney is ready to take it to trial. They will represent you in court, presenting evidence and arguing your case before a judge or jury. The attorney’s experience and ability to present a strong case are critical in securing a favorable verdict.
1) Emotional Support and Guidance:
The lawsuit after a pedestrian accident is quite grueling, mainly because of all the emotional attachment. A lawyer for pedestrian accident is not just a professional solicitor but more of an emotionally supportive friend; they provide reassurance to yourself that there will be someone by your side making sure everything has been done perfectly and getting adequate compensation for any damages caused.
D) Steps to Fill a Pedestrian Accident Claim:
If you do decide to sue for a pedestrian accident, your attorney will lead you through a few important steps in the process:
1) Consultation and Case Evaluation:
The very first step would be to meet with a pedestrian accident attorney for a consultation. During this consultation, the attorney will review the facts of your case, talk about your injuries, and establish whether you have a valid claim.
2) Filing the Complaint:
If the attorney thinks that your case is quite strong, he will formally file the case in court, stating the factual scenario of the accident, those involved, and compensation claimed.
3) Discovery Process:
Once the complaint has been filed, it is time to enter the discovery process wherein both parties exchange evidence and take depositions, among others. Your attorney will assist you in this process and ensure that all relevant evidence is gathered and presented as appropriate.
4) Negotiations and Settlement:
Once found, the two parties can engage in settlement negotiations. Your attorney will argue your case for an appropriate settlement. If the parties agree to a settlement, then the case is closed and you receive your damages.
5) Trial:
If settlement negotiations fail, then your case is sent to trial. Your attorney will appear before the court to present evidence and make arguments based on law for a positive result.
6) Post-Trial Actions:
If you win the case, your attorney will assist you in collecting your awarded damages. If it’s unfavorable, your attorney can help you explore the possibility of an appeal.
The Final Words:
Filing a pedestrian accident lawsuit is a complex process that can be overwhelming; however, if you have a skilled pedestrian accident attorney to stand with you, it all differs. From investigating the accident and determining liability to dealing with insurance negotiations and representing you in court, the legal expert will make a difference in getting you the compensation deserved. If you or your loved one has been involved in a pedestrian accident, meet an attorney experienced with the case to start the process of regaining life.
