As a pedestrian, you face some of the most dangerous roadway conditions. In 2019 alone, over 6,000 pedestrians were killed in accidents involving motor vehicles. Not all cities are particularly walkable or friendly to pedestrians. Rural areas may not even have sidewalks, leaving pedestrians especially vulnerable.
Pedestrians are people who walk or run along the road. Even if you are taking every precaution, following traffic laws, and remaining vigilant, one negligent driver can cause serious damage. Pedestrians do not have the structural protection that a car offers, and they don’t wear helmets, such as in the case of a cyclist or motorcyclist.
If you are a pedestrian injured in an accident with a motor vehicle, you should consult with a pedestrian accident lawyer. A personal injury lawyer that specializes in pedestrian accidents can help you sort out the facts of your case and develop a winning legal strategy.
Attorney Ali Awad, more famously known as the CEO Lawyer, has been helping clients build winning cases for years. The CEO Lawyer made his mark as one of the youngest attorneys to build an eight-figure firm in just three short years. In fact, his firm is one of the fastest-growing law firms in the country.
The CEO Lawyer has over one million followers on social media who trust him for his free legal advice. Whether you are negotiating with an insurance company or fighting it out in the courtroom, Ali Awad is the trusted legal representative you need working for you. For a free review of your case, call our injury and accident attorneys for a free consultation at [phone].
Common Causes of Pedestrian Accidents
There are certain elements that can increase the risk that a pedestrian accident may occur. Today’s cars are safer than ever, but that doesn’t mean that pedestrians on our roadways are any safer than they were in previous decades. Depending upon where you live, walkable roadways may not exist, and this puts pedestrians at a higher risk of accident injury.
Some of the most common causes of pedestrian accidents are:
- Distracted Drivers: This is easily the most preventable cause of an accident. Drivers know they should maintain absolute vigilance at all times, but they are often distracted by mobile devices, among other things.
- Driving or Walking Under the Influence: It is never safe to consume alcohol and use our roadways, whether you are walking or driving. Drunk drivers may hit a pedestrian because they are too inebriated to be fully aware of their surroundings, and the same goes for drunk pedestrians. Drunk pedestrians are far more likely to break traffic laws, disobey traffic signals, and cross the road where they shouldn’t.
- Electric cars: Clean energy vehicles are much quieter than combustion engine vehicles, and pedestrians may cross the street right in front of them. Pedestrians with impaired eyesight or hearing abilities are also at higher risk of being struck by an electric vehicle. If you are the driver of an electric vehicle, keep your headlights on at all times.
Who is Liable in Pedestrian Accidents?
Sometimes people assume that the driver of the car involved in an accident with a pedestrian is always at fault, but this is not necessarily the case. Insurance companies protecting the driver will try to find ways to place part of the fault on the pedestrian in order to lower their client’s burden of fault or negate it altogether.
There are some situations in which a pedestrian truly is at fault, such as if they were jaywalking, crossing the street outside of a designated crosswalk, ignoring traffic signals, or walking in an area that prohibits pedestrians.
In most pedestrian accident cases, the injured party can sue for negligence. In negligence cases, the injured person must prove that:
- The driver of the vehicle had a duty of care to the pedestrian;
- There was a breach of this duty, either because the driver was not paying attention or they deliberately broke traffic rules;
- Due to the driver’s actions, the pedestrian suffered an injury.
It is true that both drivers and pedestrians are expected to uphold a reasonable standard of care and act responsibly while using the roadways. Typically, however, drivers are held to a higher standard of care. A driver might be considered negligent for:
- Failing to pay attention
- Speeding
- Failing to use appropriate turn signals
- Failing to yield the right of way at pedestrian crossings
- Using a cell phone or other electronic device while driving
However, in some states, a pedestrian who is injured by a driver can sue for negligence per se. This legal doctrine follows that negligence can be inferred in certain situations, especially when the plaintiff can demonstrate that the defendant was in violation of safety law. In negligence per se cases, the plaintiff, or the injured party, must also prove that they were in the class of people the law was designed to protect and the at-fault driver’s actions caused them direct harm.
Driving under the influence of alcohol and striking someone in your car while following all of the other rules of the road is an example of negligence per se. If the driver had been sober, they might have been able to react more quickly and avoid an accident. Negligence per se does not apply in all cases, and not every state recognizes it.
In other states, comparative negligence law applies. Comparative negligence recognizes that both parties share fault for the accident, and the fault will be split between them. You can still recover damages if you are injured in a pedestrian accident in a state that recognizes comparative negligence, but your compensation will likely only be a portion of the total amount you could have sued for.
Some examples of pedestrian negligence include:
- Failing to use designated crosswalks
- Not paying attention or failing to check to see if it is safe to cross
- Ignoring traffic laws and signals
- Darting out in front of cars
In the most severe cases in which a pedestrian is killed in an accident, the surviving spouse, children, or estate of the deceased can sue the at-fault driver for wrongful death. To pursue this legal route, the same standards of negligence will be applied and must be proven by the plaintiff. In addition to the damages, an injured party can recover that are outlined below. In a wrongful death case, you may sue for funeral and burial expenses for your lost loved one.
What Type of Damages Can I Recover in a Pedestrian Accident Case?
If you have been injured in an accident as a pedestrian, you are entitled to compensation for expenses related to your injury and damages. Your attorney will attempt to recover compensation for the following expenses:
- Medical bills: This applies to both current and future medical bills related to the injury you sustained during the accident. Be sure to seek medical attention after the accident and keep records of all of your hospital bills, ambulance bills, rehabilitation costs, and surgery, if necessary.
- Lost wages and loss of earning capacity: Sometimes, you may be injured so severely that you are unable to work for an extended period of time. If so, you are entitled to compensation for the money you lost and the money you would have earned if you had not been injured in an accident.
- Pain and suffering: You are entitled to compensation for your non-economic losses, as well. Pain and suffering refer to the physical pain you will endure after an injury due to an accident.
- Mental Anguish: Not all pain is physical. After an accident, you are also entitled to compensation for emotional and psychological pain, including anxiety, depression, and distress.
What Can a Pedestrian Accident Law Firm Do For Me?
The team of attorneys that work with the CEO Lawyer has years of experience handling a variety of personal injury cases, including pedestrian accidents. If you were injured as a pedestrian, you might be confused about which steps to take first in pursuing a personal injury claim against the driver who struck you.
Each state has different laws regarding pedestrian accidents, so it is wise to consult with an attorney familiar with the law in your state. The CEO Lawyer Personal Injury Law Firm has helped injured people just like you through every step of the process, earning them maximum compensation for their injuries.
If you choose to work with the CEO Lawyer, he and his team of professionals will be investigating your case right away and building a portfolio of evidence that will corroborate your claim. You may feel overwhelmed during these moments, but attorney Ali Awad, the CEO Lawyer, is here to stand up for your legal rights. He does not accept lowball offers and will not take the insurance company at face value.
First, your attorney and their team of professional paralegals will take your statement and begin gathering evidence that validates your version of events. They will check for any camera footage of the accident, such as traffic camera footage or dashcam footage from the at-fault driver or any witnesses, if available. They will obtain copies of the police report and any medical documentation of your injuries. Finally, they will contact and interview witnesses who may have been present at the scene of the accident.
Together, this evidence will be used to compose a demand letter to the insurance company that outlines your injuries, damages, and request for compensation.
Pedestrian Safety Tips
As a pedestrian, you are particularly vulnerable on the roadways. If you are walking or running in a rural area, you may not have the protection of a sidewalk. Drivers have a responsibility to watch out for pedestrians on the roads, but you can also protect yourself by following these pedestrian safety tips.
- Pay attention to road signs and follow all of the rules of the road, including traffic signals.
- Use sidewalks when available.
- If you are walking somewhere without sidewalks, walk facing traffic and try to keep as far from the center of the road as possible.
- Only cross the street at intersections and look in all directions before crossing against traffic.
- Try to keep to well-lit areas and wear reflective clothing if you are walking in the dark or at dusk.
- Teach your children to follow these same rules and expectations when they are playing outside in an area where cars may be present.
The CEO Lawyer and Experienced Pedestrian Accident Attorneys Are Here For You
Ali Awad, also known as the CEO Lawyer, understands the best approach to seeking the compensation you need after an accident. Filing an injury claim is not something any of us want to go through, but when it happens, you want someone trustworthy and experienced on your side. Furthermore, filing an injury claim is not something that most of us have experience with, so it is always wise to consult with an experienced accident attorney to ensure we have all of our facts in order and we are asking for the appropriate amount of compensation.
Followed by one million on social media, attorney Ali Awad knows how to bring legal power to the people, and he knows the factors to focus on to get results. Few people have the legal knowledge to aggressively pursue their own claim, but with the CEO Lawyer in their corner, they can go toe-to-toe with big insurance companies. With Ali Awad and his team representing you, you can be confident that you will receive a top settlement offer from the insurance company–and if you don’t, Ali is not afraid to go to court to make sure you get every dollar you deserve after your injury.
The CEO Lawyer Personal Injury Law Firm is available for a no-obligation consultation of your case today. In his firm, attorneys don’t get paid unless you get paid, so you have nothing to lose by calling to discuss the details of your case with someone with knowledge and experience pursuing pedestrian accident claims. Contact us online or call today at [phone].
