Filing A Pedestrian Law Suit
Filing A Pedestrian Law Suit
Each year, thousands of pedestrians are injured in roadside accidents. In many of these cases, it may be possible to file a lawsuit. Getting the best possible outcome in a situation requires the victim to be fully aware of how pedestrian lawsuits work.
Common Pedestrian Accidents That Deserve Compensation
In every successful lawsuit, a person will show that they have been damaged in a way that deserves monetary compensation. For most pedestrian lawsuits, this comes in the form of payment for medical bills. Some people may also get compensation for lost wages, lost earning potential, pain, and suffering, or mental trauma following an accident.
Showing That the Other Party Was at Fault
Any pedestrian accident lawsuit will be a type of personal injury lawsuit, where the victim has to prove that the defendant was responsible for their injury. This means that in cases where the pedestrian disrupted the flow of traffic, didi not use a crosswalk, or ignored crosswalk signals, they may not have a case. However, if the pedestrian was not in the road or was following laws for crossing the street, the other person is probably at fault.
Proving the Other Party Was Negligent
It is not enough to just claim the defendant caused an accident. The lawsuit filing also has to show the defendant was behaving irresponsibly. Common examples include a driver who was speeding, under the influence, or ignoring their responsibility to yield. In some cases, a driver may also be negligent if they were obeying basic laws but failing to alter their driving to adjust for weather or traffic.
What to Do After Being Involved in a Pedestrian Accident
What a person does in the minutes after their pedestrian accident can have a huge influence on the overall likelihood of them winning their lawsuit. If a person is injured or property is damaged, call the non-emergency police line and file a report. If possible, collect the phone numbers of any people who witnessed the incident and ask any security camera owners nearby to store their footage. Document insurance claims, medical bills, lost wages, and other financial factors, and speak to a lawyer as soon as possible.
