Pedestrian accidents

Pedestrian Accident Injury Claims: What You Need to Know

Pedestrian accidents can lead to devastating injuries due to the vulnerability of pedestrians in collisions with vehicles. With little protection, pedestrians are at risk of severe injuries that can affect their quality of life. If you’ve been injured as a pedestrian in an accident, it’s important to understand your legal rights and the steps to take to seek justice and compensation.

In this article, we will cover the common causes of pedestrian accidents, the types of injuries pedestrians can suffer, who may be responsible for the accident, and why hiring a Detroit personal injury lawyer is essential for your case.

Common Causes of Pedestrian Accidents

Pedestrian accidents can occur for a variety of reasons, often due to the actions of negligent drivers, faulty infrastructure, or even the behavior of pedestrians themselves. Here are some common causes of pedestrian accidents:

  1. Distracted Drivers: One of the leading causes of pedestrian accidents is distracted driving. Whether a driver is texting, talking on the phone, or simply not paying attention to the road, it can be easy to miss a pedestrian.
  2. Failure to Yield the Right of Way: Drivers are legally required to yield to pedestrians in crosswalks. However, many drivers ignore this rule, resulting in serious accidents.
  3. Speeding: When drivers exceed the speed limit or drive too fast for road conditions, they may not have enough time to stop for a pedestrian. Speeding increases the severity of accidents and the likelihood of severe injuries.
  4. Running Red Lights or Stop Signs: Drivers who disregard traffic signals or stop signs often cause accidents at intersections. Pedestrians may be crossing with the light, only to be struck by a driver who runs the red light or stop sign.
  5. Impaired Driving: Alcohol or drug-impaired drivers are less likely to notice pedestrians or react in time to avoid a collision. Impairment also affects a driver’s ability to make sound judgments on the road.
  6. Poor Visibility: Pedestrian accidents can occur in low visibility conditions, such as at night or in poor weather. Drivers may fail to see pedestrians in these conditions, especially if they are not wearing bright clothing or reflective gear.
  7. Faulty Infrastructure or Road Conditions: Poorly maintained sidewalks, lack of crosswalks, broken streetlights, and other infrastructure issues can contribute to pedestrian accidents. Local governments may be responsible for keeping roads safe for pedestrians.
  8. Pedestrian Behavior: While many pedestrian accidents are caused by drivers, pedestrians can also be partially at fault. Jaywalking, crossing without looking, or not following pedestrian signals can contribute to accidents.

Types of Injuries in Pedestrian Accidents

Pedestrian accidents can result in severe injuries, and the lack of protection for pedestrians makes them more vulnerable to harm. Common injuries include:

  • Head and Brain Injuries: Head trauma is one of the most serious injuries in pedestrian accidents. Traumatic brain injuries (TBI), concussions, and skull fractures are common due to the force of the impact.
  • Broken Bones and Fractures: Pedestrians often suffer fractures in the legs, arms, ribs, and other parts of the body. These fractures can require surgery and months of rehabilitation.
  • Spinal Injuries: The impact of a collision can cause spinal cord injuries, which may result in temporary or permanent paralysis. Injuries to the neck or back can also cause chronic pain and limited mobility.
  • Internal Injuries: Blunt force trauma from a vehicle strike can cause internal injuries to organs like the lungs, liver, or kidneys. Internal bleeding can be life-threatening if not treated immediately.
  • Soft Tissue Injuries: Muscles, tendons, and ligaments can be damaged in a pedestrian accident, leading to long-term pain, swelling, and difficulty with movement.
  • Facial Injuries: Pedestrians may sustain facial injuries, including broken bones, cuts, and bruising. These injuries can lead to permanent scarring or disfigurement.
  • Psychological Injuries: The emotional impact of being involved in a pedestrian accident can lead to post-traumatic stress disorder (PTSD), anxiety, and depression. These conditions can affect a person’s ability to return to daily activities and work.

Who is Responsible for Pedestrian Accidents?

Several parties may be responsible for a pedestrian accident, depending on the circumstances. These parties can include:

  1. Motorists: In most pedestrian accidents, the driver of the vehicle is at fault. Negligent driving behavior such as speeding, distracted driving, or failing to yield the right of way can result in the driver being held responsible.
  2. Government Entities: If a pedestrian accident is caused by poor road conditions, lack of proper signage, or unsafe pedestrian crossings, the government agency responsible for maintaining the road may be liable.
  3. Pedestrians Themselves: While drivers are often at fault, pedestrians can sometimes share responsibility for accidents. Pedestrians who jaywalk, cross against traffic signals, or fail to look before crossing may be partially at fault in certain cases.
  4. Third-Party Companies: In some cases, third-party companies may be responsible for accidents. For example, companies operating large vehicles like buses, trucks, or delivery vehicles may be held liable if one of their drivers causes a pedestrian accident.

Why You Should Hire a Detroit Personal Injury Lawyer

If you’ve been injured in a pedestrian accident, hiring a Detroit personal injury lawyer can significantly improve your chances of receiving fair compensation. Here’s why:

  1. Legal Knowledge: A Detroit personal injury lawyer has the expertise to navigate the complex laws surrounding pedestrian accidents. They will ensure your claim is filed on time and in accordance with state and local laws.
  2. Thorough Investigation: Your lawyer will investigate the accident to determine the cause and gather evidence such as accident reports, witness statements, and any available surveillance footage. This evidence is crucial to proving fault.
  3. Negotiation with Insurance Companies: Insurance companies often try to offer low settlements to accident victims. Your lawyer will negotiate on your behalf to ensure that you receive the full compensation you deserve for medical expenses, lost wages, pain and suffering, and more.
  4. Maximizing Your Compensation: An experienced lawyer will ensure that you are compensated for both immediate and long-term costs associated with your injuries, including medical bills, rehabilitation, and future loss of income.
  5. Peace of Mind: After a pedestrian accident, dealing with insurance claims, medical bills, and the legal process can be overwhelming. A lawyer can handle all the legal details, allowing you to focus on healing and recovery.

Related Practice Areas for Pedestrian Accident Claims

Pedestrian accidents can overlap with other legal areas, including:

  • Motor Vehicle Accidents: Pedestrian accidents are often a type of motor vehicle accident. A lawyer experienced in both motor vehicle and pedestrian accident claims will be able to handle the complexities of both types of cases.
  • Premises Liability: If an accident occurs due to hazardous conditions on a property, such as a lack of a proper crosswalk or poorly lit area, a premises liability claim may apply.
  • Product Liability: In some cases, defective vehicle parts or poor vehicle design can contribute to an accident. Product liability may apply if a malfunctioning vehicle caused the accident.

Conclusion

Pedestrian accidents often result in serious injuries, including head trauma, fractures, spinal injuries, and psychological harm. These accidents can occur due to driver negligence, distracted driving, poor road conditions, or pedestrian behavior. If you’ve been injured in a pedestrian accident, hiring a Detroit personal injury lawyer is essential. A lawyer can help investigate the cause of the accident, negotiate with insurance companies, and ensure you receive fair compensation for medical expenses, lost wages, and pain and suffering. Don’t face the legal process alone—contact a Detroit personal injury lawyer today to discuss your case.