What Are the Rights of Pedestrians in Automobile Accidents?
If you are a pedestrian injured in a car accident, you have the right to hold the driver responsible for your post-accident expenses and losses if their negligence caused the collision. You also have the right to file and obtain a copy of a police report, which can be a valuable piece of evidence when you seek personal injury compensation.
If a pedestrian accident lawyer represents you, they will explain the rights pedestrians in car accidents have and clarify the driver’s responsibilities before and after the accident. Your fort lauderdale car accident lawyer will file your lawsuit on time and comply with the laws in your state.
Do Pedestrians Involved in Car Accidents Always Have the Right-of-Way?
It is common knowledge that vehicles should yield to pedestrians. Still, no road user always has the right-of-way, so pedestrians should cross streets carefully and only in designated areas. If a pedestrian crosses the street at a marked intersection and with the traffic signal in their favor, they have the right-of-way. In addition, vehicle drivers must observe pedestrians and:
- Exercise caution, especially when lighting or visibility is an issue
- Carefully scan sidewalks and crosswalks, especially when turning
- Pass vehicles in or near crosswalks with caution and attentiveness
- Strictly obey the speed limit and all traffic signs and signals
Vehicle drivers should also avoid veering into bike lanes and use caution when going in reverse or in tight spaces like parking lots. Failure to drive carefully and observe the road could violate the rights of pedestrians hit by a vehicle. It can also result in negligent actions that put the driver and pedestrians at risk.
How Can a Pedestrian Prove the Driver’s Negligence Caused the Accident?
An attorney can prove fault and liability in a vehicle-versus-pedestrian accident by establishing the elements of negligence. The injured pedestrian must prove the negligent driver:
- Owed them a duty of care
- Breached their responsibility to provide it
- Caused the accident to occur
- Caused their compensatory damages, including non-economic damages, such as emotional distress
Proving these required elements can be a complex and time-consuming undertaking on your own, especially if you must focus on healing from your injuries. You can hire an attorney to represent you after an accident so they can lead your personal injury lawsuit while you focus on healing. They will build a robust evidence file that includes witness statements, photos, video footage, and first responder (police and medical) reports.
You should also collect evidence that proves the accident’s costs, including your medical records, bills, and paycheck stubs. If your injuries prevent you from participating in your case as fully as you would like, your west palm beach car accident lawyer will collect evidence for you.
Pedestrian Injury Rights in Car Accidents
The National Highway Traffic Safety Administration (NHTSA) reports that more than 60,000 pedestrians suffered injuries in 2021. If you or a loved one was struck by a car, you are far more likely to sustain serious, potentially life-threatening injuries than the driver and other occupants of the car.
Your rights include having the at-fault driver cover your medical expenses until you recover. Additional recoverable damages include:
- Rehabilitation and various therapies
- Disabling and disfiguring injuries
- Physical pain and suffering
- Mental and emotional angst
- Lost income and earning ability
- Loss of consortium
- Loss of enjoyment of life
When you cannot work due to your injuries, the resulting financial hardship can make a quick settlement offer tempting. You can let a personal injury lawyer handle the negotiation process for you. They can accurately assess the value of your case and obtain the best possible outcome for you.
How Long Does a Pedestrian Have the Right to File a Lawsuit After a Car Accident?
Pedestrians’ legal rights in car accidents include the right to file a personal injury or wrongful death lawsuit against the at-fault driver. Your state limits the time you must do so. Understanding the filing deadline can be challenging since various factors can cause the filing deadline to fluctuate if:
- The injured pedestrian was a minor when the collision occurred.
- The driver takes certain evasive actions to avoid financial accountability.
Understanding the filing deadline can be confusing without legal guidance and support, making hiring a car accident lawyer the best way to understand and comply with the filing deadline. If you miss it, you could be prevented from filing it, or the court could dismiss it immediately.
We Can Help You Understand Pedestrian Rights in Car Accidents – Call Us Today
If you or someone you love was injured after being struck by a vehicle, you have rights that could entitle you to financial compensation. Our client-focused law firm will explain your rights as a pedestrian involved in a car accident. We will also negotiate a favorable monetary settlement that lets you start putting your life back together.
Pedestrian accident rights include the right to legal representation while you pursue the at-fault driver for damages. Contact our consultation team at the Law Offices of Wolf & Pravato by calling (954) 633-8270 to get started today.