Pedestrian accidents are common when motorists violate standard road rules or drive while distracted or intoxicated. Unfortunately, many insurance companies try to shift the blame onto innocent pedestrians.
If you suffered injuries in a recent pedestrian collision, your first step after seeking medical treatment should be to call a knowledgeable Calgary pedestrian accident lawyer in your area. Your lawyer will assess your accident circumstances and can prove that the negligent driver caused your accident. A lawyer can also represent you during insurance company settlement negotiations – or in court – to maximize the compensation you receive for your losses.
How and Why Do Insurance Companies Wrongly Blame Pedestrians for Accidents?
When it comes to pedestrian accidents, it may surprise you to learn that insurance companies often try to shift the blame onto an innocent pedestrian. This tactic is used to minimize the amount of compensation they have to pay out to the injured party. So, how and why do insurance companies wrongfully blame pedestrians for accidents?
One common argument insurance companies make is that the pedestrian was not paying attention or was distracted at the time of the accident. They may argue that the pedestrian was using their phone, listening to music, or simply not paying enough attention to their surroundings. While it is true that pedestrians should exercise caution and be aware of their surroundings, it is also important to recognize that drivers have a responsibility to watch out for pedestrians and exercise due care.
Another tactic insurance companies use is to claim that the pedestrian violated traffic laws, such as jaywalking or crossing against the signal. They may argue that the pedestrian’s actions contributed to the accident and, therefore, they should shoulder some of the blame. However, it is important to remember that all drivers have a duty to exercise caution and yield to pedestrians.
Insurance companies may also try to argue that the pedestrian willingly assumed the risk of crossing in a dangerous situation. For example, if a pedestrian allegedly crossed the street at a non-designated crossing point or in an area known for high traffic, the insurance company may argue that the pedestrian knowingly put themselves in harm’s way. However, it is important to consider factors such as visibility, traffic flow, and the pedestrian’s ability to safely cross the street.
So, why do insurance companies employ these tactics? The answer is simple – money. By placing some or all of the blame on the pedestrian, the insurance company can reduce the amount of compensation they have to pay out. It is a way for them to protect their bottom line and minimize their financial liability.
If you find yourself being wrongly blamed for a pedestrian accident, it is vital to seek legal representation from an experienced pedestrian accident lawyer right away. They can handle your legal case, gather evidence, and build a strong defense on your behalf. With the support of an experienced pedestrian accident lawyer, you can fight back against the insurance company’s tactics and pursue the full compensation you deserve.
Most Common Injuries in Pedestrian Accidents
Being involved in a pedestrian accident can be a traumatic experience, and unfortunately, the injuries sustained in these accidents may range from minor to severe. As a pedestrian, it’s important to understand the potential risks and the most common types of injuries that can occur. By understanding these injuries, you can better protect yourself and know what to expect if you find yourself in this situation.
One of the most common injuries in pedestrian accidents is bone fractures. When a vehicle strikes a pedestrian – especially at a high rate of speed – the force of impact can cause bones to break. Fractures may occur in various parts of the body, such as the arms, legs, hips, or skull. The severity of fractures can vary, ranging from hairline fractures to more serious compound fractures. In some cases, surgeries and extensive medical treatments may be required to treat the fractures.
Head injuries are also a common consequence of pedestrian accidents. When a vehicle hits a pedestrian, the impact can cause the victim’s head to strike the ground or the vehicle itself. Depending on the force and angle of impact, head injuries can range from concussions to more severe traumatic brain injuries. Head injuries can also have long-lasting effects on a person’s cognitive function, memory, and overall quality of life. That’s why it’s vital to seek ongoing medical attention if you’ve been involved in a pedestrian accident – even if you feel fine initially.
Another common type of injury in pedestrian accidents is soft tissue damage. When a pedestrian is hit by a vehicle, the force of impact can cause damage to the muscles, tendons, and ligaments. This can lead to sprains, strains, and bruises. Soft tissue injuries can be painful and may require physical therapy and rehabilitation to fully recover. It’s important to note that soft tissue injuries may not be immediately apparent, so it’s essential to seek medical attention and document any symptoms or discomfort you experience.
If you’ve been involved in a pedestrian accident, it’s important to seek legal representation from a knowledgeable and experienced lawyer. A skilled pedestrian accident lawyer can help you understand your rights, navigate the legal process, and fight for the compensation you deserve. Remember, your health and well-being should always be your main priority, and seeking legal help can ensure that you receive the support and resources necessary to recover from your injuries.
How Do Negligent Drivers Frequently Cause Pedestrian Accidents?
In many cases, pedestrian accidents happen when drivers are negligent, such as by speeding, engaging in distracted driving, exhibiting road rage, or violating other rules of the road.
One common way negligent drivers cause pedestrian accidents is by failing to yield the right-of-way at the appropriate times. Pedestrians have the right to safely cross the road at designated crosswalks or intersections. It is the responsibility of drivers to not only recognize these areas but also yield to pedestrians when necessary. However, some drivers fail to pay attention or are in a hurry, causing them to not give pedestrians the right of way. This can result in serious accidents and injuries.
Another way negligent drivers cause pedestrian accidents is by speeding. When drivers exceed the speed limit or drive too fast for the prevailing road or weather conditions, their ability to react to pedestrians becomes compromised. Speeding reduces the driver’s ability to stop or avoid a collision – especially if a pedestrian suddenly appears and crosses the road. This lack of control can lead to devastating accidents, with pedestrians suffering the brunt of the impact.
Distracted driving is yet another common way that negligent drivers cause pedestrian accidents. With the rise of smartphones and other distractions, drivers often take their eyes off the road, diverting their attention away from potential hazards, including pedestrians. Whether it’s texting, talking on the phone, or even eating and drinking at the wheel, these distractions can lead to delayed reaction times and an increased likelihood of colliding with pedestrians.
Drivers who are under the influence of drugs or alcohol are also a major cause of pedestrian accidents. Impaired driving significantly affects a driver’s judgment, coordination, and reaction times, making it extremely dangerous for both the driver and pedestrians. Sadly, these accidents are entirely preventable if drivers choose not to drive while impaired.
Proving that a Negligent Driver Caused a Pedestrian Accident
If you find yourself involved in a pedestrian accident involving a negligent driver, it is important to understand the legal implications and how they may affect your ability to seek compensation. Proving that a negligent driver caused your accident can be a complicated process, but with the help of an experienced pedestrian accident lawyer, you can navigate through the legal challenges and build a strong case.
To establish that the driver was at fault, it is essential to gather evidence proving their negligence or misconduct. This evidence may include witness statements, video footage from surveillance cameras or dashcams, photographs of the accident scene, and any available police reports. Your lawyer will carefully examine these pieces of evidence to build a compelling case that shows the driver’s negligent actions caused or contributed to the accident.
In pedestrian accident cases, negligence on the part of a driver is often established by demonstrating that they failed to exercise reasonable care while operating their vehicle. This can include behaviors such as distracted driving, running a red light or stop sign, speeding, or driving while under the influence of alcohol or drugs. An experienced lawyer will thoroughly investigate the circumstances of the accident and present the evidence in a way that clearly demonstrates the driver’s fault.
To maximize your chances of success, it is essential to consult with a knowledgeable pedestrian accident lawyer as soon as possible. They will advocate for your rights and guide you through the legal process, ensuring that every aspect of your case is thoroughly assessed and addressed. With their skill and experience, you can focus on your recovery while they handle the legal aspects of the case on your behalf.
Remember, navigating the legal system can be challenging – especially when dealing with personal injury claims. Seeking the guidance of a knowledgeable lawyer is essential to ensure that your rights are protected and that you receive the full compensation and justice you deserve.
Important Damages You May Recover in Pedestrian Accident Cases
If you are involved in a pedestrian collision that causes injuries, you may be eligible to claim compensation for various types of damages caused by the accident. The main purpose of this compensation is to make you whole again to the greatest extent possible. To be eligible for compensation, you first need to prove that the driver violated their legal duty of care and that this breach caused both the pedestrian accident and your injuries.
One type of damage you may recover in pedestrian accident cases is lost income. If your injuries have caused you to miss work or have resulted in a loss of earning capacity, you can recover the income that you would have earned during that time. This can include the actual days or weeks you were unable to work and any potential future income you may have lost due to the accident. It is essential to provide evidence of your lost income, such as pay stubs, time sheets, or a letter from your employer.
Additionally, you may be eligible to receive compensation for both your past and anticipated pain and suffering. This category includes the physical pain, emotional distress, and mental anguish that you experienced as a direct result of the pedestrian accident. Although it can be challenging to put a monetary value on these non-economic damages, an experienced lawyer can assess the details of your case and determine an appropriate amount for your pain and suffering. They will consider factors such as the severity of your injuries, any long-term effects, and the impact on your overall quality of life.
It is important to note that the amount of compensation you may recover will depend on various factors, including the extent of your injuries, the amount of time you missed from work (including the amount of your lost income), whether you can return to the same job (i.e., at the same rate of pay), and any other relevant circumstances.
Consulting a skilled pedestrian accident lawyer is highly recommended if you are in this situation. They will thoroughly analyze the details of your case, calculate the potential compensation you may be entitled to receive, and guide you through the legal process in pursuit of the highest possible monetary recovery.
Talk with an Experienced Pedestrian Accident Lawyer about Your Case Today
If you suffered injuries in a pedestrian collision, it’s essential to have experienced legal counsel in your corner right away. This is especially true if the insurance company is blaming you – fully or partially – for your pedestrian accident. A skilled Calgary personal injury lawyer can prove that the driver was negligent and will work diligently to maximize the compensation you receive – via settlement or in court – for your accident-related losses.
