Pedestrian accidents can cause serious injuries. They are just as devastating financially or emotionally as any other accident. Like all other accidents, victims have the right to claim damages and compensation. However, filing a claim is governed by several legal factors. It is vital to understand these factors as they influence the outcome of a claim, including liability.
The Importance of Legal Guidance
Since not everyone is well versed in the complexities of the legal process, it is critical to seek professional help in handling it. Pedestrian accident attorneys ensure your rights are protected and you receive fair compensation. The attorneys are also skilled in negotiation and can negotiate better monetary compensation from insurance companies. They can also represent you well in court, if necessary, to get a favorable outcome.
Factors Influencing the Outcome of a Pedestrian Accident Claim
- Determining Liability: The most important factor affecting the accident claim is liability, or who is responsible. Establishing the at-fault party requires an examination of the actions of both parties. Key factors that determine it are:
- If the pedestrian was crossing at the designated crosswalk?
- Was the driver overspeeding, distracted, or driving under the influence of alcohol or drugs?
- Were traffic rules and signals being flouted, and by whom?
In some accidents, the mistake may be on both parties. For example, at the time of the accident, the pedestrian may have crossed outside the designated area, but the driver was speeding too. Therefore both parties are at fault. The degree of fault is determined and assigned to both parties. The percentage of fault will impact the compensation awarded.
- Severity of Injuries and Extent of Damages: The seriousness of the injuries plays an important role in determining the claim value. Injuries such as to the brain, spinal cord, or fractures result in higher settlement value, as the cost of treatment is extensive, requiring rehabilitation and income loss.
Medical bills and wage loss can be quantified easily; however, physical distress, trauma, pain, and suffering cannot be quantified. These require extensive documentation and expert testimony.
- Quality of Evidence: In any dispute, evidence plays an essential role in strengthening the claim. The evidence that plays a crucial role includes:
- Accident report from the police
- Witness statements authenticating your account
- Photographs and videos of the accident site, injuries, and damage
- Details of the injuries and treatment in the form of medical records
The lawyer can frame a strong case if the evidence is detailed and well-documented.
- Timeliness of Filing the Claim: The statute of limitations for personal injury claims differs from state to state. Failure to file within the stipulated timeframe can result in the case’s dismissal, irrespective of merits. A skilled pedestrian accident attorney will ensure that the required documents and timelines are met.
- Negotiating with Insurance Company: Insurance companies can be difficult to deal with as they often attempt to minimize payouts. They do so by disputing the liability or underplaying the severity of injuries. An attorney will take care of the negotiations and proper representation of the circumstances of the facts and also get you a settlement that is fair and covers your damages.
Additional Considerations
Comparative Fault Laws: In states with comparative fault laws in effect, the compensation may be affected by the percentage of your fault. To give an example, your compensation amount will be reduced by 20% if you are found to be at fault by 20%.
Legal Precedents: Court decisions on previous similar cases can affect the claim outcome. Skilled and experienced attorneys reference previous judgments to bolster their case and counter your assertions.
Conclusion
Various factors can affect the pedestrian accident claim, such as liability, evidence, and the extent of damages. A professional representation will ensure a thorough evaluation of your claim as well as just and fair compensation. However, the legalities surrounding pedestrian accident lawsuits must be understood well to present irrefutable evidence, which will require hiring a qualified professional.