Modernization has brought many changes along with it, and the most apparent one is on the way we live and how we go about doing our daily activities. Without any doubt, a vehicle have become the part and parcel of our daily routine, and all thanks to them we are able to carry on our work with more efficiency. But the sad side of the story definitely remains the number of road accidents that are on the rise with each passing day.
Recent studies are revealing very shocking facts that there are thousands pedestrians who become victims of road accidents, and the number of injured ones is way higher. This takes us towards the plight of the pedestrians who tend to be victims in many mishaps on the road attributing to the negligence of motorists. Generally it has been observed that major accidents take place when pedestrians are crossing roads. Well that is not it! The situation becomes all the more grim for pedestrians when we see poor road conditions and other issues leading to adversities on the road.
A motorist can be at fault in various cases. The most prominent one is negligence in not yielding to the right of way of a pedestrian. He/she may be driving more than the speed limit. The situation tend to go out of control more so when a driver is distracted from controlling the vehicle, simply when he/she is speaking on the phone. There are many other reasons which can lead to pedestrian accidents, like drink and drive cases, poor road conditions and also malfunction of a vehicle. Such things can lead to negative incidents on the road that can be detrimental to pedestrians eventually.
On the other hand, even pedestrians themselves can also be the cause of an accident when they ignore traffic signals, or when they move diagonally on the road. They also can be intoxicated or don’t walk on the sidewalk, which leads to collisions with vehicles.
Hence, it is going to be always mutual responsibility of both sides – pedestrians and drivers to ensure safety of each other.
In this article we will tell you how you can avail your legal rights of claiming for your loss, damage and suffering if you are involved in a pedestrian accident.
It is quite clear that there are numerous instances where a pedestrian is suffering a great deal because of others’ (drivers or the authority responsible for maintenance of the road and side area) wrong doings. They are paying for somebody else’s faults and negligence which is not compensated in many cases. Here it becomes imperative that the pedestrian who has faced injuries or any other problems due to others’ fault should file a case as a plaintiff. In such cases a plaintiff has to prove that he/she is facing dire situations because of the faulty party and that is why they are liable for a particular claim amount. It is indeed the legal duty of the faulty party to compensate the plaintiff.
There are two terms that you need to be aware of while on the road as this will enhance your vigilance to be obeying the traffic rules as a driver. Moreover, as a pedestrian you will come to know about your right of way while on the road.
Driver’s duty of care
A vehicle driver has the duty of care while on the road, especially when it comes to pedestrians. The responsibility of the driver is increased when children are on the way. The fault in this zone leads to more penalties. Hence, most times, drivers are convicted for pedestrian cases. If you want to avoid all of legal complications, then it is best to be always aware of your responsibility.
In case you find yourself in an accident – then you need to immediately seek help of an able personal injury attorney so that you can be guided properly. It has been seen that as a driver, you need to defend your case strongly, as pedestrians are always considered much more vulnerable on the road and that is why you will need legal help in order to prove your innocence. Indubitably, you can seek claim amount when you are not at fault, even if you are a driver, and involved in a pedestrian accident.
Pedestrians on the road have the right of way, and drivers are liable to yield to this right. Any instance of negligence on the part of a driver can lead to fines, penalties and punishment. It is true that as a pedestrian you are much more at risk as there is no protection, and certainly you are on the mercy of drivers.
Now let us find about what you need to do if you are involved in a pedestrian accident.
First of all you need to know that you can seek compensation for an injury you have suffered due to the accident. It is your legal right that you file for personal injury claim. Secondly, the party at fault is liable to pay you the claim amount if the fault is proved in the court. You can take support and services of legal experts to make sure that you are proceeding in the right direction.
So here we are presenting you the steps that you can take to ensure that you are compensated rightfully.
- Seek witnesses of the accident: Whenever there is an accident and you become involved in it, you should make sure that you have sought the witnesses at that particular time. They can help you to have a strong case in proving that you were not at fault, and it can also help you in seeking compensation. If you have not lost your consciousness – then make sure you seek their help and take their names and addresses so that they can be your witnesses.
- Click pictures: You can make sure that you have solid proofs through pictures and videos. These evidences can help you immensely to prove your innocence. Moreover, the court can even ask for CCTV videos, and if it is proved through that you were not at fault, your chances of getting compensation increases by manifolds.
- Keep clothes or any other evidences: As a pedestrian involved in an accident, you can also keep the clothes as evidence; there is some debris of the vehicle that can be used to prove your point of being the victim in the case. It is advisable that you shouldn’t be careless on any front as the evidences are very important in deciding final results of your case in your favor. So don’t take this thing lightly.
- Have access to the driver’s information: You should immediately take the driver’s and his/her vehicle’s information. Yes, you need to make sure that you have driver’s same, address, the vehicle’s licence plate number, make and model. Here, your personal injury lawyer can help you in acquiring required information.
- Report to the police: It is important that you have reported the incident to the police. It is advisable that you call the police at the time of the accident if you are able to do so. When you are confident that you are not at fault and the police also verifies the same, it becomes quite easy to go about the legal process of seeking compensation.
- Seek medical treatment for your injuries: The injuries pertaining to the mishaps of the roads that are suffered by pedestrians can range from minor cuts, bruises to brain injuries and more severe damage. There are also instances of people facing spinal injuries, broken bones and so on, when they are hit by a vehicle on the road. That is the main reason why everybody should be aware of one’s legal rights. But most importantly at the time of the accident, you need to be concerned about your well being and should take proper medical treatment. There are instances when people start having symptoms of various hidden injuries once a considerable time has passed. If you have not availed the proper checkup after the accident, you may have to face medical complications afterwards due to undetected problems. Hence, your need to make sure that you have not left any stone unturned in seeking best medical support at the time of the pedestrian accident.
- Compile your medical record, expenses etc: You should keep in mind that medical records are going to be the base of you claim’s settlement. Evaluation of the compensation is largely attributed to these records. In addition to this, you can also compile other expenses that you have to bear due to the accident.
Moreover, when you are involved in an accident, then there are many cues and evidences which can help you with winning your case. Even comments of the driver, other passersby etc can be helpful in deciding the party at fault, the extent of damage etc. Surely, if you are proactive when you file for the case to seek compensation, you can ensure that you are compensated with the rightful amount.
Getting services of a personal injury attorney
There are many people who remain in doubt whether they should approach a lawyer or not. Here we are going to reveal how hiring an attorney can help you in empowering you and leading you towards suitable claim amount.
- Help you in getting evidences: An attorney can be your beacon light when you want to compile right and solid evidences to prove your innocence. You will be immensely grateful to legal professionals for helping you out where you cannot access the information and evidences, that will eventually play a deciding role in determining success of your case.
- Evaluating the claim amount: You might not be aware of different aspects which you need to evaluate in order to make sure you are getting the rightful compensation. There are many of us who don’t know about certain parameters as well. When you have an experienced personal injury attorney to guide you, you will get the insight into varied dimensions of your case, ranging from medical expenses, pain and suffering, loss of wages, loss of consortium, long-term effects of the injury etc. to other things which need to be assessed so that the plaintiff is getting the claim that incorporate full loss and damage. In addition to this, your attorney will be at your beck and call to enlighten you about your rights.
- Determining the party at fault: At times when the party at fault is not clear, as in case of poor road conditions that lead to the accident, here your attorney can guide you in determining the party against whom you will be filing the claim. The lawyer with practical experience will also help you in making sure that you are filing your case with confidence and surety, which takes a lot of stress away off your shoulders.
- Compiling necessary information and documents: It is great relief that you have right people to guide you in the legal proceedings, as you will be lost without them. They will make the process of legal proceedings hassle-free by doing meticulous research on their part and compiling suitable documents as well.
- Claim negotiation: An attorney is resourceful, knowledgeable and well qualified to deal with the process of negotiation with insurance companies as well. Even when the settlement is not approved by the plaintiff and the case is taken to the court, then also you can feel yourself stress-free if you have legal experts to guide you in the whole process.
So all in all, it is really helpful in the end if you are aware of your legal rights, as you can negate many complications. Also, you can ensure that you are compensated fully when you seek legal support and services well on time.