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Pedestrian Injured in Crosswalk Legal Options – When to Seek Legal Representation

Urban Thier Federer > Pedestrian Injured in Crosswalk Legal Options – When to Seek Legal Representation

Pedestrian Injury Lawyer Statistics – Know the Facts

In the United States alone, over 5,000 people die each year as a result of a motor vehicle versus pedestrian accidents, including in crosswalks. Many 1,000’s more suffer permanent live changing injuries. If you or a loved one is in need of a pedestrian injury lawyer, we can help.

When a crosswalk is present, the law gives the right of way to the pedestrian and all motor vehicle traffic must yield to the pedestrian. Despite this clear legal right, motor vehicle drivers routinely fail to respect pedestrians’ right of way.

UTFPA has represented many clients who have been involved in pedestrian versus motor vehicle accidents. In these cases, the liability rests upon the driver who failed to yield the right of way to the pedestrian. If you or a loved one has been involved in a crosswalk or other motor vehicle related injury or death,

UTFPA can assist you in evaluating your rights, damages, liability and possible sources of recovery/compensation. Representative motor vehicle versus pedestrian cases successfully handled by UTFPA include, but are not limited to:

  • German client, working as a nanny, is crossing a four lane highway in Connecticut at a designated crosswalk at night. An elderly driver fails to see the client in the crosswalk, impacts the client with her vehicle, forcefully throws the client to the ground, and causes the client to suffer significant head trauma. Able to recover significant six figure damages from at fault driver’s liability insurance and from host family’s under-insured motorist insurance.
  • Client is riding his bicycle in the early morning, with proper lighting in a designated bike lane alongside a 4 lane Florida highway. A distracted delivery truck driver swerves slightly into the client’s lane, hitting the client in the back of his head with the truck’s side mirror. Client is thrown off of his bike, rendered unconscious and dies later that day in the hospital as a result of his injuries. Able to secure a seven figure recovery from the at fault driver’s commercial truck liability insurer for the benefit of the client’s estate and surviving wife and children.
  • German husband and wife clients, crossing the street at a designated crosswalk located at a Florida mall entrance, are both struck by an inattentive driver during daylight hours. The at fault driver obeys the stop sign located at the intersection but then, looking in the opposite direction from the couple, accelerates into the crosswalk. One client has his lower leg run over and the other client is carried on the hood of the motor vehicle and then forcefully thrown to ground, injuring her knee and causing multiple abrasions. After filing lawsuit, able to recover damages from driver’s insurance via confidential settlement.

Precautions and proactive thinking are important to ensure that you, your loved ones, and your possessions remain safe in pedestrian zones, however, even if you follow all traffic rules and are aware of your surroundings, there is potential risk of injury due to the negligence of a driver.

Our personal injury and wrongful death practice area team has helped many clients and knows firsthand the importance of victims understanding their rights in this type of incident. We work diligently on our clients’ behalf to ensure fair and adequate compensation is secured if you are injured in a crosswalk or otherwise suffer a motor vehicle related injury or death.

Immediate Steps to Take After an Accident While our role as your personal injury or wrongful death attorney is to advocate for you or your loved one’s legal rights, it is important that you understand your rights as a pedestrian and take the appropriate actions you need to position your case for recovery and success after an accident.

UTF is here to help guide you through this process and to navigate you through the legal system.

Here are a few key steps to take immediately after you are a pedestrian injured in a crosswalk or other motor vehicle related injury or death.

  1. Notify Local Law Enforcement Notifying law enforcement provides a third party witness with the authority to file an official report. The more official supporting documentation available supporting your rights will provide substantial proof that you are entitled to compensation.
  2. Document the Scene Take photos of the intersection or part of the road on which the accident occurred and any injuries you have sustained. This information could be helpful at successfully placing a claim against the municipality responsible for the road.
  3. Get Necessary Information from Other Parties Just like with any other type of car accident, it is important to ask for the driver’s insurance information as well as their phone number and other relevant information. If there are witnesses present, ask for their contact information as well, so that they can potentially vouch for you in a legal setting if necessary.
  4. Seek Necessary Medical Care After you call and notify your insurance of the accident, it is essential that you seek necessary, related medical care right away. Not only is it critical to ensure your recovery, but how quickly you take care of your injuries from an accident can influence a court’s ruling.

This is because both juries and insurance adjusters may assume that you were not genuinely hurt in the accident if medical care is not sought immediately or very soon afterward. To protect your health and your rights, be sure you seek medical care right away. Medical Bills: Who Pays and Why Individuals are often concerned with high medical expenses.

At UTF, we want to make sure you have the information you need to feel confident throughout the process and not hesitate to get the care you need for fear of the monetary burden. As your pedestrian rights attorney, we will be happy to walk you through this more in-depth, but here is a brief overview of what to expect and what to do when medical expenses begin to accrue.

–In a No-Fault State, responsibility for related pedestrian medical expenses may fall to the insurance company of the driver. The driver’s insurance may pay part or even the full amount of the bills for medical treatment. While this is often the case, the precise laws differ from state to state and could be even more diverse for our international clients depending on location.

For example, in some states–regardless of fault–the driver’s insurance company may pay for pedestrian medical expenses up to the amount of the driver’s PIP limit. In other states though, more unique standards are upheld such as uninsured pedestrians receiving compensation for medical expenses from a special state fund.

If you are unsure which situation applies to you, contact our lawyers at UTF. –If not in a No-Fault State, the guidelines for medical expenses differ. In these situations, generally the medical expenses will be paid by the health insurance company–or sometimes even the auto insurance–of the person injured in a crosswalk accident.

When a pedestrian does not have the necessary insurance, there is a chance that the victim may have to pay their own medical bills. While that can be an overwhelming thought, you are not alone. The UTF staff has the legal experience and knowledge of the process to help you make the most of a tough situation.

Filing Claims Our team here at UTF emphasizes the importance of understanding the process, and an extremely important part of filing a claim is determining negligence.

Negligence encompasses who is at fault for an accident. If, for example, a pedestrian was crossing a street in an undesignated area and was ignoring traffic signs, that person could potentially be held accountable for the accident and the driver may not have to pay for damages or face any penalty.

The reverse is also true, wherein negligence can be put upon the driver if they were speeding or running a red light. Our team has a skilled staff with a strong history of client assistance in determining and proving negligence. If you are unsure if an accident was your fault or the driver’s, contact us and we can help you through the process. For our purposes here, let’s assume you were crossing at a crosswalk and obeying the law.

Our team is ready and able to assist in filing claims against the driver involved in the accident and, if the situation deems it necessary, and potentially against the city. Claims Against the Driver If a pedestrian is hit by a car while crossing the road at a marked crosswalk, it is most likely the driver’s fault. When it comes to negligence laws, drivers are held to a high standard of alertness and awareness of the road and surroundings, so failure to see a pedestrian on a crosswalk means that drivers are breaking a legal obligation to notice the situation and make proper decisions to avoid any safety risk.

In almost all states, this is an obvious act of negligence, but the evidence is still needed to prove it in a legal setting. It is at this stage that the evidence collected on the scene of the initial accident really becomes important.

Our lawyers will utilize the photographs of the vehicle and setting, police reports, and documentation of medical care to build a strong case in your claim against the driver. We will work diligently to seek out witness testimonies and attempt to access video surveillance when available. Once we have built a strong case, we will file the claim on your behalf and present our findings.

Our team has a high success rate with pedestrian injury cases, and we assure you we will do all we can to get you the compensation you deserve from the at-fault driver.

Claims Against the City In certain situations, it may be appropriate to file a claim against not only the driver but also against the city wherein the accident took place. While not as common as claims against an at-fault driver, claims against the municipality may be relevant if the construction, design, and maintenance of a roadway somehow contributed to the accident.

For example, if a crosswalk is not clearly marked for drivers to see and therefore a pedestrian is hit by an oncoming car, there is a chance the city itself could be held responsible for failing a duty to their citizens. If your specific situation calls for this type of action, the UTF team has the knowledge and experience to seek fair compensation from the responsible city, and will not hold back in building and presenting a case on your behalf.

What you can expect from UTFPA As your dedicated pedestrian rights legal team, we will do whatever we can to secure you fair compensation for the financial, physical, and emotional toll the accident has placed on you, including compensation for medical expenses, time off from work, and related pain and suffering. If you have recently been injured in a crosswalk, reach out to UTF Law Firm and seek the compensation you deserve.

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