Pedestrian traffic accidents resulted in over 60,000 injuries and over 7,000 deaths in 2021, according to the National Highway Traffic Safety Administration. As a pedestrian, you often have very little control in an accident situation. Drivers who are distracted or driving recklessly can come out of nowhere, and it’s very difficult for you to move out of the way. The size disparity between pedestrians and vehicles makes pedestrians exceedingly vulnerable. This can result in serious injuries with a lifelong impact. A pedestrian accident attorney from BD&J can help you navigate the process as you recover.
Common Causes of Pedestrian Accidents
Pedestrian accidents are almost always caused by the driver. A number of poor driving decisions can lead to collisions with pedestrians, including:
- Distracted driving. Various distractions can cause drivers to lose focus on the road. Examples include texting, talking to passengers, making adjustments inside the car, and thinking about other things. These activities may cause the driver to look away from the road or swerve out of their lane where they could collide with a pedestrian.
- Impaired driving. When drivers are under the influence of alcohol or drugs, their reaction times may slow and their control over a vehicle may suffer.
- Reckless or poor driving. A driver who’s reckless or driving erratically may hit a pedestrian. Speeding and other unsafe driving habits could also contribute to this type of accident.
- Poor environmental conditions. Bad weather and light conditions could affect visibility. For example, bright sunlight shining in a driver’s eyes could keep them from seeing a pedestrian crossing the road. Bad weather, such as rain or snow, could interfere with visibility and cause slippery driving conditions, making it difficult for a driver to stop quickly to avoid hitting a pedestrian.
- Traffic law violations. Drivers who don’t follow the rules of the road, such as ignoring no U-turn signs or driving the wrong way on a one-way road, could cause a pedestrian accident.
- Pedestrian mistakes. The driver isn’t always to blame in accidents. Pedestrians who don’t use crosswalks or run out in the street between cars could get hit by a driver who’s observing traffic laws and driving safely.
Common Injuries Sustained by Pedestrians
Depending on the circumstances, the injuries to a pedestrian can be severe. The speed of the vehicle can have a major impact on what happens to a pedestrian. Common injuries to pedestrians include:
- Traumatic brain injuries. Getting hit by a vehicle could cause a forceful enough blow to cause a traumatic brain injury (TBI), which can range in severity from minor to severe. The blow from the vehicle or the impact of being thrown and hitting the ground could cause a TBI.
- Spinal cord injuries. Pedestrian accidents often result in injuries affecting the spinal cord or vertebrae. The location and severity of the injury impact the effects, which could include paralysis.
- Broken bones. Bone fractures and breaks can happen in the upper or lower portion of the body, depending on where the vehicle hits the pedestrian.
- Soft tissue injuries. These injuries may include tears, dislocations, strains, and sprains in the soft tissues of the body.
- Lacerations. Pedestrians may suffer from cuts, lacerations, and punctures from broken glass and other sharp or rough surfaces during the accident. These injuries can cause extensive bleeding.
- Internal injuries. Since internal injuries aren’t visible, you may not immediately realize they’ve occurred. However, getting hit by a vehicle can cause damage to your organs. Some may rupture, collapse, or bruise. Internal bleeding is another serious injury that may go undetected.
How Is Liability Proven in Pedestrian Injury Cases?
Showing the driver was negligent and should be held liable requires evidence from the scene. Photos of the scene and the surrounding conditions can be helpful in proving liability. Footage of the accident, either from vehicle dash cameras or nearby surveillance cameras, can be even more helpful because it can show what led to the accident.
When you’re the victim of a pedestrian accident, you may not be able to gather evidence at the scene, particularly if you’re seriously injured. Police reports and statements from witnesses can help piece together the facts of the case. Working on your behalf, a pedestrian accident attorney gathers as much evidence as possible to prove your case. They may hire experts to help reconstruct the accident scene and provide insight to help prove liability.
Damages You Can Receive in a Pedestrian Accident Case
Victims of pedestrian accidents can receive compensation for physical and mental damages caused by the collision. Some of these damages have a direct economic connection, making it easy to calculate the amount you should receive. The settlement should include payment for your current and future medical expenses associated with the accident. Your BD&J pedestrian accident lawyer will know how to estimate the future costs you may have for therapy, medication, surgery, and rehab.
You may lose income if you have to miss work for a length of time due to your injuries. Your damages can include this income as well as any potential future income if you can no longer do your job because of the accident. Another easy-to-calculate economic loss is any personal property damaged in the accident.
Some of the losses you experience aren’t financial, but a lawyer can help you receive compensation for them. They include the pain and suffering you endure due to the accident itself or the injuries you sustain. Some victims receive compensation for emotional distress, such as anxiety or PTSD, stemming from the incident. You could also ask for damages for loss of enjoyment of life. Working with your lawyer helps you determine what types of damages you may be eligible to receive.
What To Do If You’re Involved in a Pedestrian Accident
Initially, the most important step to take is to ensure your safety. If you have a spinal cord injury, moving could make the situation worse. Call 911 or ask someone else to call if you’re severely injured. Even if you don’t need emergency medical care, it’s a good idea to follow up with a medical provider after the accident to get a full evaluation. Not all injuries are obvious immediately.
If you only receive minor injuries, do what you can to document the scene. This might include taking photos from the position where you landed and from other perspectives at the scene. The police should document information from witnesses, but you can also record this information for yourself. Then, contact an attorney to determine if you have a legal case.
How a Personal Injury Attorney Can Help
Being the victim of a pedestrian accident is overwhelming. You may be dealing with pain, loss of income, and mounting medical bills. You don’t have to navigate the legal system on your own. BD&J employs a highly experienced team well-versed in pedestrian accidents. Contact us today to find out how a pedestrian accident attorney can help.
