Pedestrian Accidents
We are all pedestrians sharing the roads and adjacent sidewalks with other vehicles, bikes, and hazards. When walking near a road or across a crosswalk, we are left unprotected should someone operating a motor vehicle become distracted, fatigued, or is driving under the influence. As such, when accidents occur involving pedestrians and vehicles, the injuries can become severe and even life-threatening.
If you or a loved one has been involved in a vehicle accident, it's important you receive the compensation you deserve to help cover your damages. This is best done by reaching out to an attorney that has the understanding of the law needed to navigate litigation, insurance companies, and the circumstances of your specific case.
However, we understand that many don’t know where to begin and need a jumping-off point about how bike accident claims operate. As such, we are providing the following information to get you started in understanding your claim and how to contact an attorney for help.
Proving Fault
When there is a collision between a pedestrian and a vehicle, it is often variable who is entirely at fault. While pedestrians technically have the right of way, they can sometimes contribute to the circumstances of their accident. Unfortunately, this can create unique challenges within the context of a lawsuit.
The reason is that some states are contributory negligence states while others are not.
Contributory negligence rules maintain that if an injured person contributed to the circumstances of their accident, they are no longer eligible to receive compensation. Therefore, if you live in a state that abides by this standard, it becomes even more important to prove you were not to blame for any part of your accident.
In states that do not follow these rules, you may still be entitled to compensation even if you are partially at fault. However, understand that if you are at fault the compensation you ultimately receive might be significantly lower.
Damages
Any time you are looking to receive compensation in a lawsuit, you need to prove you suffered damages. This is a blanket term for any negative outcome that occurred as a result of your accident resulting in injury or monetary loss.
To calculate damages, you and your attorney assess the extent of your injuries, how much medical attention you received, and any persistent negative outcomes that resulted from the accident. Depending on the circumstances of your accident and where you have been injured, the damages might be moderate to severe. These commonly include:
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Musculoskeletal injuries
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Neck and back injuries
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Spinal cord injuries
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Paralysis
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Nerve damage
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Organ damage
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Puncture wounds
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Internal bleeding
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Concussion
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Traumatic Brain Injury
Looking at these injuries, it is then up to you and your personal injury lawyers to discuss the best damages to claim. These include:
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Lost wages
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Loss of earning capacity
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Emotional distress
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Loss of quality of life
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Medical expenses
Damages that are monetary such as medical bills, medication costs, and missed work are called economic damages. These are normally easier to prove as there is a predetermined and concrete number showing the amount of financial damage caused.
Damages such as pain and suffering, emotional distress, and similar claims are called non-economic damages. These are more challenging to quantify in a claim as it is not always easy to put a price on someone’s distress or humiliation. However, just because these damages are more challenging to calculate does not make them any less worthy. In fact, non-economic damages can provide significant compensation.
Using an experienced personal injury lawyer to fight your case will greatly increase your chances of adequate compensation in both categories, especially at a law firm that has resources and years of practice on their side.
Pedestrian Accident Attorney
The internet is where most individuals begin their legal journey. What many don’t realize is that law is a precise field with different regulations and expectations from one state to another.
At Strickland & Kendall, we are a team of attorneys who make a point to understand national law. Not only are we personally licensed in Alabama, Georgia, Vermont, and Washington D.C., we have practiced law in 40 different states.
Our goal is to offer unparalleled legal services to all of our clients, whether in a million-dollar case or something much smaller. As lawyers, this is our way of using what we know to give back to the community and help those who may not have otherwise received justice.
If you were injured and believe you have a claim, we encourage you to reach out to our legal team at 334.269.3230 as quickly as possible to discuss your case.
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