As a pedestrian, you might assume you're safe when you're walking on a sidewalk. Unfortunately, some motorists are not careful and might drive up on a sidewalk or might lose control of their cars. When this occurs, you will usually be entitled to compensation for your injuries unless the accident was an uncontrollable act of nature.
Uncontrollable Acts of Nature
If a storm leads to the car hitting you or if there is another event that makes the accident inevitable, you will not be able to receive compensation for your injuries after the car accident, at least not from the driver's insurance. To receive compensation for your injuries, you must prove that the accident was the result of the driver being negligent.
Negligent Accidents on the Sidewalk
The majority of accidents involving pedestrians on sidewalks occur at night. There is less visibility and drivers are more likely to be intoxicated and negligent. Drivers are sometimes careless when driving in the snow or rain. This can lead to a driver sliding and ending up on the sidewalk. Also, snow can make it more difficult to determine where the road ends and the sidewalk begins.
If the driver is under the influence of drugs or alcohol, you may not only be entitled to compensation for all of your damages but a personal injury attorney might also encourage you to sue for punitive damages. This is when the courts decide to award extra damages to the plaintiff as a way to punish the defendant for reckless or illegal actions. The driver may have also been speeding or driving recklessly while using a cell phone.
After the Accident
A pedestrian accident is likely to lead to injuries even if you are not hit at a high velocity. It's important to wait at the scene until the emergency services arrive and you shouldn't move unless you are able to do so safely. If you are able to walk around safely, make sure to exchange contact information with everyone at the scene including the driver and any witnesses who may wish to help you.
Legal Representation
Fortunately, there are personal injury attorney services that are specialized in helping those involved in pedestrian accidents receive compensation for their injuries. While most pedestrian accidents will lead to the driver being considered at fault, especially when the pedestrian is using the sidewalk, you may need to prove that the driver was negligent to receive full compensation for your injuries.
Share9 December 2020
If you are injured in an accident, what is your first move? While getting medical care should be your first priority, the fact of the matter is that working with the right lawyer can be incredibly helpful in making it easier to prevent problems. For starters, your lawyer can talk with you about what to do in order to prevent problems with your paperwork, and he or she can chat with you about what to do when you start getting calls from other attorneys talking about the case. On this website, check out great tips and tricks you can use to prevent problems with your recovery from a financial perspective.
