Pedestrians who are struck by motor vehicles can be severely injured. Thousands of pedestrians are killed each year, according to the National Transportation Safety Board. Tens of thousands are injured. Pedestrian accidents can happen anywhere- in town, in neighborhoods, on the highway. They happen in crosswalks, at night, by schools, and in driveways. They happen to walkers, joggers, and children. Pedestrians need to practice road safety.
Pedestrian injuries can be severe. Severe traumatic brain injuries, broken bones, scaring are all injuries that we have seen as a result of a pedestrian motor vehicle collision.
What Can Pedestrians Do To Avoid Motor Vehicle Collisions?
Practicing safety while a pedestrian is similar to defensive driving. Notwithstanding the fact that you have right of way in a crosswalk or crossing, you need to pay hyper attention to motor vehicles. Drivers of motor vehicles may not be observing traffic signals, crosswalk rules, or even notice a pedestrian. Further, wearing light clothing in daytime and reflective clothing at night can be immensely helpful.
Be vigilant when crossing during sunrise or sunset as drivers can be blinded by the sun, low in the sky.
Who Has Right of Way in a Pedestrian Accident?
In a crosswalk without a traffic signal, the pedestrian has the right of way. On the sidewalk, pedestrians have the right of way over a bicycle. In a crosswalk with a crossing signal, the person with the light has the right of way. A motor vehicle turning right on a red light must yield to a pedestrian in a crosswalk.
Regardless of the above, cars, trucks and busses are bigger, move faster and pedestrians must be careful at all times.
How Do Pedestrian Cases Work?
If you or a loved one was injured as a pedestrian, you will need an aggressive and experienced attorney. The first thing we must prove, to the insurance company or to the Court, is that the pedestrian was the victim. That is, that the driver of the motor vehicle was at fault. Pedestrians who are seriously injured have a disadvantage because they often cant give a statement at the scene of an accident. Thus, an aggressive attorney will attempt to secure witness statements and photographs to begin to be able to prove your case – to the insurance adjusters and ultimately to a court.
Your pedestrian attorney will secure medical records, medical bills, and lost earnings documentation and provide that to the negligent driver’s insurance company. If you have a permanent injury, your attorney will secure a medical report that gives an indication as to what exactly the injury involves, and often the percentage loss of function of the body part affected.
Insurance companies are often faced with a statement from their insured that the pedestrian “just darted right out in front of me” and then have trouble justifying paying for the pedestrian’s pain and suffering. Our job is to prove this is incorrect. There are critical factors that can help. In addition to witnesses, an ambulance report indicating exactly where a pedestrian was found can be key evidence of where the collision happened, for example.
Hire an Aggressive Personal Injury Attorney For Pedestrian Injury Cases
Attorney Tim Houten has been representing victims of pedestrian injuries in Essex County since 1982. He is aggressive, experienced and caring in working with clients. He has the experience to work with insurance companies and insurance defense trial attorneys. There is no fee for an initial consultation and no fee unless you win.
If you or a loved one has been a pedestrian injured by a motor vehicle, call Attorney Timothy Houten for a free consult. Get the damages you deserve.