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November 30, 2024 | By Walton Law A.P.C
Can You Sue Someone for Running You Over?
Some of the most devastating types of accidents involving vehicles are pedestrian accidents. An unprotected person getting struck by a car, truck, or other vehicles can come away with catastrophic injuries. These can range from damage that takes weeks or months to heal to far more severe injuries that cause permanent disability. Following such a terrible accident, it’s common to wonder where you can turn for help and what you can do to ease the physical and financial burden you are carrying.
If you have been run over by a vehicle, you have the right to take legal action to seek fair financial compensation for the injuries you suffered. No matter what caused your accident or the type of injury you suffered, you deserve the opportunity to make things right. You don’t have to go on carrying the physical and financial load that your accident has left you with.
With the help of an experienced pedestrian accident lawyer, you can face this challenge with the confidence that someone is protecting your rights and prioritizing your best interests. Continue reading below to learn more about these incidents, and contact a knowledgeable Snohomish pedestrian accident attorney to schedule a consultation to discuss your situation.
Overview of Pedestrian Accidents
A pedestrian accident happens when someone on foot is struck by a vehicle. These accidents frequently result in severe injuries to the pedestrian due to a lack of protection and the size, weight, and speed of the vehicle involved. Pedestrian accidents can happen in a wide range of circumstances, including due to driver negligence, distracted driving, inclement weather, and more.
Pedestrians who are struck by vehicles often suffer physical, emotional, and financial harm, making the pursuit of compensation important. Understanding more about pedestrian accidents, the injuries that commonly result from them, and how to seek compensation is valuable as you start the process of searching for a resolution.
Common Injuries Sustained in Pedestrian Accidents
The reality of traveling on foot is that you are left entirely unprotected in the event of a collision with a vehicle. Being struck by an oncoming car or truck often results in injuries that require extensive medical treatment and impact your life both immediately and in the long term. Some of the common injuries suffered by victims of pedestrian accidents include:
Cuts and bruises: Lacerations, contusions, and abrasions from hitting vehicles and pavement.
Broken bones: Fractured arms, legs, ribs, or other areas of the body from blunt impact.
Internal injuries: Damage to organs or internal bleeding.
Spinal injuries: Nerve damage or permanent paralysis due to spinal trauma.
No matter the type of injury you suffered when you were run over, you deserve the chance to obtain compensation for the physical and mental harm you have sustained.
Understanding Liability in Pedestrian Accidents
Determining liability following a pedestrian accident is necessary in pursuit of compensation in most cases. Proving that the driver of the vehicle that struck you was negligent will put you in a position to reach the outcome you deserve. Understanding how drivers can be negligent, what their responsibilities are on the road, and how to prove fault are all important aspects of the process. Your lawyer can explain these elements to you in detail as they build your case and put together a strategy to move toward taking the appropriate legal action.
Negligent Drivers
In pedestrian accident cases, the concept of negligence typically pertains to drivers failing to uphold the duty they owe to others on the road, including people traveling by foot. Common negligent behaviors exhibited by drivers include:
Excessive speeding.
Texting while driving.
Failing to yield to pedestrians.
Driving under the influence of drugs or alcohol.
Other forms of distracted or impaired driving.
Any of these behaviors poses a significant risk to other drivers, passengers, and pedestrians on the roadway. If a driver ignores traffic laws or basic rules of road safety and courtesy, accidents — and severe injuries — are often the result. If your lawyer can prove a driver failed to uphold their responsibilities and caused a pedestrian accident, they should be legally liable for injuries and damages.
Driver Responsibilities
Vehicle drivers bear multiple responsibilities on the road, particularly in high-traffic areas where pedestrians are more prevalent. Failure to uphold these responsibilities can lead to accidents and severe injuries. Some of the key responsibilities drivers have include:
Yielding to pedestrians: Allowing pedestrians to have the right-of-way at marked crossings.
Adhering to speed limits: Ensuring safe stopping distances to avoid dangerous situations.
Avoiding distractions: Not using cell phones or engaging in other behaviors that may divide focus.
Driving unimpaired: Refraining from using alcohol or drugs that can dull senses and affect reaction time.
Staying vigilant: Paying close attention in high-traffic areas or school zones.
Neglecting to carry out these responsibilities can leave drivers liable to legal action following injury accidents.
Proving Fault
Establishing who was at fault in a pedestrian accident requires effectively demonstrating that the driver’s negligence led directly to the incident that caused the victim’s injury. As part of this process, evidence will be gathered from multiple sources to prove negligence on the driver’s part, such as failing to follow traffic laws or signage, exceeding the posted speed limit, or driving distracted. Important pieces of evidence may include accident reports, medical records, witness testimony, photo or video proof, and other documentation. Successfully establishing fault is the foundation for putting together a compelling case to secure the fair compensation you need.
Grounds for Filing a Pedestrian Accident Lawsuit
Choosing to take legal action by filing a personal injury lawsuit against the party responsible for your pedestrian accident can provide you with the chance to obtain the compensation you need to ease the financial burden brought on by your physical suffering. As part of your lawsuit, proving negligence, presenting supportive evidence, and preparing for negotiation and litigation all play significant roles. Filing a claim will not only give you a chance to hold the responsible party accountable for the injuries you suffered but also help prevent the same thing from happening to others in the future. Understanding the basic aspects of the process of filing a lawsuit is a good place to start.
Types of Legal Claims
Following a pedestrian accident, victims (or their families) may have different options for filing a lawsuit. Depending on the specific circumstances and the severity of the injuries, common types of legal claims include:
Personal injury claims: Claims filed by the injured party to seek damages for medical costs, lost income, pain and suffering, and other damage.
Wrongful death claims: If the pedestrian struck by the vehicle dies, family members may seek to file a lawsuit to pursue compensation for funeral costs and other losses.
Survival action: A deceased person’s estate may take action to recover compensation the victim might have claimed had they survived.
Each of these claims provides a potential pathway for injured people or their surviving loved ones to pursue a resolution through the legal process.
Key Elements Needed to Support Your Claim
To have a successful pedestrian accident claim, you and your lawyer must establish specific elements that demonstrate the driver’s liability and justify the compensation you are seeking. Key elements needed to support your pedestrian accident claim include:
Duty of care: Showing that the driver owed you a legal duty of care to drive safely and protect others on the road.
Breach of duty: Proving that the driver breached this legal duty of care by exercising negligent behavior.
Causation: Showing that the driver’s breach of duty was the direct cause of the accident and the injuries you suffered.
Damages: Establishing the severity of your injuries and the financial fallout from medical bills, lost income, and pain and suffering.
Clearly illustrating these elements will strengthen your claim and increase your chances of obtaining a favorable outcome.
Common Scenarios Leading to Pedestrian Accident Lawsuits
Similar to other types of traffic accidents, pedestrian accidents can occur for many reasons. Some of the common scenarios that lead to pedestrian accident lawsuits include:
Speeding: Exceeding the speed limit in residential areas or school zones where pedestrian traffic is more common.
Failure to yield: Not stopping for pedestrians at crosswalks and other designated areas.
Distracted driving: Texting, eating, applying makeup, and other distracting activities.
Driving impaired: Getting behind the wheel while under the influence of drugs or alcohol.
Reckless driving: Wild turns, lane changes, running red lights, and other dangerous behavior.
These actions are often straightforward grounds for filing a lawsuit and seeking compensation following an accident.
Gathering Evidence
Collecting evidence is a crucial aspect of your pursuit of compensation. Your lawyer will be well-versed in collecting all evidence supporting your claim. Some of the most common types of evidence collected in pedestrian accident claims include:
Medical records: Detailed documentation from your physician, including diagnosis, treatment, and other pieces of information.
Police reports: Official accident reports from law enforcement agencies that describe the accident in detail.
Witness statements: Testimony from people who witnessed the accident that can corroborate your account.
Surveillance video: Traffic cameras, security video, and other footage from nearby cameras that captured the accident.
Accident reconstruction: Expert analysis that can recreate the accident scene to illustrate the incident.
Your pedestrian accident attorney will work to gather all available evidence to bolster your claim and make a compelling case for compensation.
Compensation in Pedestrian Accident Claims
Depending on the specific details of the incident, injured victims of pedestrian accidents may be entitled to compensation for different losses. Common types of losses include:
Medical expenses: Compensation for medical treatment, surgeries, rehabilitation, and ongoing care (if necessary).
Lost income: Reimbursement for earnings lost if you were out of work due to your injury.
Pain and suffering: Compensation for mental and emotional distress resulting from the accident.
Property damage: If you suffered material losses in the accident, such as damaged clothing or possessions, you may seek reimbursement.
Punitive damages: Some jurisdictions allow for the potential of punitive damages to punish the negligent driver in cases of extreme recklessness.
The Importance of Working with a Pedestrian Accident Attorney
When you are seeking compensation to offset the financial harm you have suffered in the wake of your pedestrian accident injuries, attempting to handle things on your own is never your best option. Hiring a skilled pedestrian accident lawyer with extensive experience guiding other injured people through similar cases will give you peace of mind and confidence that your case — and your future — are in good hands. From start to finish, your attorney will make sure you are well-informed and prepared for every phase of the process.
Contact an Experienced Pedestrian Accident Lawyer for Help Today
When you have suffered an injury in a serious accident, you already have a lot to deal with. The physical harm you have suffered, combined with the mental, emotional, and monetary challenges you are facing following your accident, can easily turn your life upside down and leave you searching for help. Without the proper guidance, you may miss your opportunity to obtain compensation and be left to deal with these issues moving forward. With so much depending on the outcome of your accident claim, you owe it to yourself to work with a highly trained lawyer to position yourself to seek a favorable result.
Don’t leave yourself out in the cold when it comes to receiving fair compensation for your injuries. A successful lawsuit can provide you with the proper compensation you need to pay your medical bills, reimburse you for lost income if you’ve been unable to work, and ease your pain and suffering. If you were injured in a pedestrian accident in which a vehicle ran you over, you need the assistance of a strong advocate to build your case and lead you through the legal process. Contact a Snohomish personal injury attorney today to schedule a consultation to discuss your accident and explore your legal options.
