In today’s hectic world, people are often in a hurry. That’s why it’s not uncommon to see pedestrians dart across the road at green lights or jaywalk instead of waiting for the next crosswalk signal. But these seemingly innocuous actions can have serious consequences. Unfortunately, if you get hit by a car while walking and cannot prove that the driver was negligent, you may not be able to recover any compensation for your injuries and other related costs.
In most states, you must exercise reasonable care as a pedestrian. This means that if you fail to take appropriate precautions when crossing the road — such as stopping at red lights or using designated crosswalks — your negligence may limit how much compensation you can receive as a result of your injuries.
Why do pedestrians have limited rights in an accident?
Pedestrians can suffer many types of injuries when they are hit by a car, but they are not treated the same as someone who is injured in a car accident. That’s because pedestrians are viewed as being in a less dangerous position than drivers. The fact that pedestrians don’t have seat belts, airbags or other safety features in their favor is why they have fewer rights in a car accident.
Drivers are expected to follow traffic laws and drive safely, so if they are negligent and cause an accident, the pedestrian is treated as a second-class citizen. There is nothing in the law that prevents pedestrians from filing a claim after being hit by a negligent driver.
However, pedestrian accident victims are at a significant disadvantage in a few critical ways:
– Pedestrians are less likely to be seen by drivers who are speeding through intersections or turning at red lights.
– Pedestrians don’t have the protection of a vehicle if they are hit by a negligent driver.
– Pedestrians don’t have access to the same type of evidence as the other party, for example, auto accident investigators aren’t likely to go out of their way to investigate a pedestrian accident.
How does negligence affect a pedestrian’s claim for damages?
If you are hit as a pedestrian, you may not be able to recover any compensation if the other party’s negligence is higher than your negligence. If you are found to be negligent, even if the other party was also negligent, you may be limited in the amount of compensation you can receive. Both parties in an accident are likely to be considered negligent to some extent.
For example, if you cross the road at a crosswalk but don’t make it all the way across before the signal turns red, your negligence may be less than the driver’s negligence, but it may still affect your claim. In some cases, pedestrians can recover compensation even if they were negligent.
However, the amount they can recover may be reduced based on the degree of their negligence. If a pedestrian was 100% negligent, they may not be able to recover any compensation at all.
What is your duty as a pedestrian?
As a pedestrian, you are expected to exercise reasonable care while on the road. This means that you need to take precautions to avoid getting hit by a car. For example, you should:
Wait for the pedestrian signal to turn green – don’t cross the street if the light is red!
Look both ways before crossing the road – don’t assume the driver will stop if you have the right of way!
Avoid distracting activities like texting – put your phone away!
Other reasons why you may not be able to recover after a pedestrian accident
Even if you are not found to be negligent, you may still not be able to recover anything from the driver who hit you. This can happen if the driver doesn’t have insurance, is insolvent, or has insufficient assets to cover her medical bills and other expenses. In some cases, the driver may be at fault but may be able to escape liability because they were driving a company car without insurance.
In other cases, you may be completely blameless, but your injuries may be so severe that no amount of compensation could make up for your pain and suffering. This is often the case when pedestrians are hit by a car and suffer severe injuries such as brain damage, loss of limbs, broken bones, or even death.
So what can you do about it?
The best thing you can do is to hire an attorney as soon as possible. If you are a pedestrian who has been hit by a car and you didn’t do anything to cause the accident, the driver’s insurance company will try to find a way to avoid paying for your medical bills and other expenses. They may try to find ways to deny your claim, deny you were injured, or try to find reasons to reduce your compensation.
An experienced personal injury attorney can help you navigate this process and ensure that you receive the compensation you deserve for your pain and suffering. While you can attempt to negotiate with the at-fault driver’s insurance company, it’s best to have a professional on your side who knows how to navigate the negotiations and fight for your rights.
Pedestrian accidents happen every day, but how much compensation you receive for your injuries depends on several factors. If you get hit while walking on the road, the other driver may attempt to place partial blame on you for failing to exercise reasonable care.
That’s why it’s crucial to get in touch with a lawyer as soon as possible following an accident. A good lawyer will be able to help you build a strong compensation case and maximize your chances of recovering the compensation you deserve.
Now that you know why you need a lawyer if you get hit while walking, make sure you get in touch with one as soon as possible. A good lawyer can help put you in the best position to receive compensation for your injuries.
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