When a large and heavy motor vehicle hits an unprotected pedestrian – especially with a significant amount of force – the chances are that the pedestrian will suffer severe and sometimes fatal injuries. Unlike motor vehicle drivers and passengers, pedestrians do not have an outer covering surrounding them in an accident. If they fall, they will likely suffer broken bones, head injuries, and other trauma that may leave them in severe pain and needing ongoing medical treatment.
The total monetary value of a pedestrian accident claim or lawsuit depends on various factors, including the specific accident circumstances, the nature and extent of the pedestrian’s injuries, and whether or not the injured pedestrian had to miss time from work following their accident.
One of the best ways to maximize your total monetary compensation following a pedestrian accident is to retain legal counsel to represent you at every stage of your personal injury case.
Your pedestrian accident lawyer can negotiate with insurance company adjusters or litigate your case through the court system to a successful resolution. Your lawyer can also represent you at all legal proceedings in your case, including discovery depositions, mediation hearings, arbitration proceedings, or a civil jury trial.
Your lawyer will do everything possible to maximize your total monetary recovery, ensuring you become whole again after your pedestrian accident as much as possible.
How Do Pedestrian Accidents Frequently Occur?
Pedestrian accidents usually happen when car and truck operators behave negligently, carelessly, and unreasonably under the circumstances. Sometimes, pedestrian accidents occur when drivers fail to obey standard traffic laws.
For example, a driver in a hurry might speed or fail to yield the right-of-way to a pedestrian at a traffic intersection. This is true even if the intersection has a crosswalk for pedestrian use.
Pedestrian accidents can also happen when drivers fail to use their backup cameras, side view mirrors, and rearview mirrors when backing out of parking spaces in garages or lots.
If a driver negligently fails to look behind them before backing up, they may back their vehicle directly into a pedestrian’s path, causing the pedestrian to fall on the ground and suffer serious injuries.
Pedestrian accidents may also result from road rage. Road rage occurs when a driver exhibits various reckless driving maneuvers to get ahead of other traffic. For example, a driver might speed through a traffic intersection or attempt to pass another vehicle while traveling through an intersection, negligently hitting a lawfully present pedestrian in a crosswalk.
Pedestrian accidents can also happen when people drive distracted or carelessly. When a driver fails to watch the word attentively, such as by looking at a cellular phone or tablet, programming a GPS navigation system, or playing loud music in their vehicle, they may not see a pedestrian who is present on a neighboring sidewalk or in a crosswalk.
Finally, legally intoxicated drivers cause some pedestrian accidents. To determine whether a driver is legally intoxicated, a police officer will typically administer a Breathalyzer test to that driver.
If Breathalyzer evidence determines that a passenger vehicle driver has a blood alcohol concentration of 0.08 percent or higher, that driver is legally intoxicated. More stringent standards apply to commercial vehicle operators, including commercial truck drivers and minor drivers under 21 years of age.
Intoxicated driving can lead to pedestrian accidents because alcohol and other drugs may seriously impair a driver’s physical and mental functions. First, a drunk driver might experience blurred vision, nausea, and dizziness, which may prevent the driver from seeing a pedestrian on or near the road. They may also experience a limited ability to concentrate and focus on the road. Finally, they may suffer from delayed reaction time, preventing them from stopping their vehicle to avoid hitting a pedestrian on a sidewalk or crosswalk.
If you recently suffered injuries in a pedestrian accident that resulted from a car or truck driver’s negligence, you should contact skilled legal counsel as quickly as possible. Your lawyer can review all of your legal options with you and help you develop a plan of action for your case. Your lawyer can also help you during settlement negotiations with insurance company representatives or with litigation in the court system, as necessary.
Where do Pedestrian Accidents Typically Happen?
Local pedestrian accidents may occur anywhere that individuals or groups of pedestrians tend to be present.
Some of the most common locations for pedestrian collisions in the area include:
- Shopping center parking lots
- Local parking garages
- Sidewalks
- Crosswalks at traffic intersections
- Roadway shoulders
- Hiking and biking trails where motor vehicles are present
Most of the time, pedestrian accidents in these areas happen because a driver is speeding or operating their vehicle in a negligent or distracted manner.
If you suffered injuries in a pedestrian accident in one of these locations, you should reach out to an experienced pedestrian accident lawyer immediately. Your lawyer can meet with you to discuss your accident circumstances, go over some legal options with you, and help you embark on a successful course of action in your case.
Injuries That Pedestrian Accident Victims May Suffer Due to a Driver’s Negligence
The injuries that a pedestrian accident victim suffers will depend primarily on the circumstances surrounding their accident and the amount of force they hit the ground with.
If the pedestrian falls directly on the ground, they may break a bone or suffer a soft tissue injury. If their head, neck, or back strikes the ground, they may also sustain a traumatic head and brain injury, spinal cord injury, or complete/partial paralysis injury.
All of these injuries may require ongoing medical treatment and consultations. For example, an injured pedestrian might need to follow up with their primary care doctor or visit a medical specialist, such as an orthopedic doctor, for their injuries. They may also need surgery or some other medical procedure for the injuries they suffered in their accident.
While you focus all of your attention on fully recovering from your injuries, your lawyer can begin handling the legal side of your case and pursuing the monetary compensation you deserve to recover.
Legally Proving a Pedestrian Accident Claim or Lawsuit
As the pedestrian accident victim, you have the sole legal burden of proof in any personal injury claim or lawsuit you file. In other words, to recover monetary compensation and damages, you must fully satisfy your legal burden.
First, you must demonstrate that a driver violated their legal duty of care by breaking a traffic law, engaging in distracted or intoxicated driving, or otherwise operating their vehicle carelessly or negligently under the circumstances.
Next, you must establish that your pedestrian accident occurred as a direct result of these negligent actions or inactions. Finally, through medical testimony, you must establish that your injury or injuries directly resulted from the pedestrian accident.
A pedestrian accident lawyer can retain several experts to help you establish the required legal burden of proof in your case.
First, a medical expert can help you prove that your injury or injuries directly resulted from the accident. For example, a treating medical provider can physically examine you and draft a medical report that states, to a reasonable degree of medical probability, that your injuries directly resulted from your pedestrian accident.
A medical expert can also establish that one or more of your injuries are unlikely to get better, even after a significant amount of time passes, because they are permanent injuries.
Some permanent injuries, like traumatic head injuries and paralysis injuries, will cause the accident victim lifelong pain and physical and mental limitations.
Besides testifying at a discovery deposition, a medical expert can take the witness stand and testify on your behalf at a civil jury trial.
In addition to retaining one or more medical experts to testify in your case, your lawyer can retain an accident reconstructionist who can draft a report and testify about how your pedestrian accident likely happened and who caused it.
Accident reconstructionists can help when an insurance company disputes fault for a pedestrian accident – or says that their insured driver didn’t cause the accident.
As with medical experts, accident reconstructionists can also take the witness stand and testify in court on an accident victim’s behalf.
An experienced pedestrian accident lawyer in your area can help you satisfy your legal burden of proof so that you can recover monetary damages in your personal injury claim or lawsuit.
Factors That May Affect an Injured Pedestrian’s Recoverable Monetary Damages
The total compensation that pedestrian accident victims may recover for their injuries will vary from case to case. Depending on the circumstances surrounding a pedestrian accident, the accident victim may recover various types of monetary damages, including compensation for their lost earnings, loss of earning capacity, past/future pain and suffering, and loss of spousal companionship.
Factors that may influence the types and amounts of monetary compensation that a particular pedestrian accident victim may recover include:
- The specific injuries the accident victim suffered in their pedestrian accident
- The amount of force involved in the pedestrian collision
- How the pedestrian accident victim struck the ground in their accident
- Whether or not the injured pedestrian had to miss time from work after their accident and the total amount of work time (and monetary compensation) that they lost as a result
- Whether the severity of the pedestrian accident victim’s injuries prevents them from continuing at the same job or occupation
- Whether the pedestrian accident victim had to switch to a lower-paying job as a result of their accident-related injuries or impairments
- Whether the pedestrian accident victim suffered one or more permanent injuries in their accident
- The extent of the accident victim’s pain, suffering, and inconvenience
- Whether the accident victim is likely to experience significant pain and suffering in the future
- The effects on the accident victim’s overall quality of life following their accident
- Whether an accident victim’s injuries affect their ability to use or feel a particular body part or parts
In general, pedestrian accident victims who suffer permanent injuries are more likely to recover high amounts of monetary compensation than if they suffered less-serious injuries, such as soft tissue contusions, in their accident.
A pedestrian accident lawyer in your area can help you estimate the likely value of your personal injury claim or lawsuit and determine the monetary damages you may recover in your case.
Talk with a Pedestrian Accident Lawyer about Your Legal Rights Today
Victims of pedestrian accidents in Alberta do not have a significant amount of time to file a personal injury claim or lawsuit. Specifically, pedestrian accident victims must ordinarily file a lawsuit within two years of their accident date, absent some minimal exceptional circumstances.
If a pedestrian accident victim fails to file their lawsuit promptly, the court will dismiss it and prevent it from going any further. Consequently, the accident victim will not recover any monetary damages for their injuries through the civil justice system.
Given the short statutory window in Alberta, pedestrian accident victims must take prompt legal action and retain legal counsel to represent them as quickly as possible in their case. Additionally, because pedestrian accidents can be severe and affect a person for the rest of their life, victims should always have the help of an experienced professional.
A qualified personal injury lawyer can investigate your pedestrian accident circumstances, file a claim with the at-fault driver’s insurance company, negotiate a settlement on your behalf, or litigate your case through the court system in a timely manner.
A pedestrian accident and injuries can significantly disrupt your life and result in financial and non-economic losses. To make getting your life back on track your top priority, seek help from both medical and legal professionals. You can focus on your physical condition while a pedestrian accident lawyer handles every aspect of the legal process.
