When a pedestrian causes a car accident, injured victims could hold them liable. In addition, if the pedestrian is entirely at fault for the crash, they won’t have the opportunity to file a claim against the driver. Instead, the driver could file a lawsuit against the pedestrian for the accident-related losses they incurred.
Did you sustain injuries in a collision caused by a pedestrian? If so, a car accident attorney could help you investigate the crash to prove the pedestrian’s liability. Then, they can help you file a claim against the pedestrian so you can seek compensation for your losses.
When Is a Pedestrian to Blame for a Car Accident?
Situations where you could hold a pedestrian at fault for a car accident include the following:
- The pedestrian crosses a busy road or highway while traffic moves rapidly.
- The pedestrian crosses the street outside of a crosswalk area.
- The pedestrian crosses the street in a crosswalk when a traffic signal shows “Do Not Walk.”
- The pedestrian begins to cross the street without looking and walks in front of a vehicle.
If your accident occurred for these reasons, you could have a case against the pedestrian. A car accident lawyer could investigate the crash by looking at traffic camera footage and reviewing witness testimony.
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Recoverable Damages When a Pedestrian Causes a Car Accident
You could seek compensation for your losses after an accident involving an at-fault pedestrian. In pedestrian accidents, the driver usually doesn’t sustain severe injuries. However, if the pedestrian caused you to hit another vehicle, you could suffer injuries ranging from whiplash to a traumatic brain injury.
Your attorney will help you determine the recoverable damages you incurred from the crash. You could recover the following losses:
- Medical expenses: You could seek compensation for any medical bills you accrued because of the accident. Examples of medical treatments include emergency department care, ambulance transportation, medical procedures, medications, and diagnostic tests.
- Property damage: You might have repair or replacement costs for your vehicle or personal property damaged in the crash.
- Lost income: Injuries—even minor injuries—could cause you to miss work for a lengthy period. So, if your injuries involved substantial recovery time or treatments that caused you to miss work, you could seek compensation for lost pay, bonuses, benefits, and paid time off (PTO).
- Other expenses you accrued: It’s inevitable to incur other expenses when you sustain injuries. Examples of extra expenses you could accrue include travel expenses to appointments and childcare costs while attending these appointments.
- Pain and suffering: If your injuries caused you to experience physical anguish, inconvenience, or pain, you could seek compensation for pain and suffering damages.
- Emotional distress: You might face negative psychological issues you didn’t experience before the accident. You could seek compensation for emotional distress damages if you now experience anxiety, post-traumatic stress disorder, sleep issues, or other mental health issues.
How to Determine the Value of Your Losses
To have a successful case and receive compensation, you must prove you sustained these losses. While your attorney can help you gather evidence, it’s critical you keep receipts of payment for anything regarding your injuries. These receipts can help you prove you incurred the loss.
For noneconomic losses like pain and suffering, your attorney can get expert witness testimony to state how your injuries have affected your physical and mental health. Expert witness testimony and your medical records could combine to prove you sustained noneconomic losses.
You Have a Brief Time to Seek Compensation After a Pedestrian Causes an Accident
An essential thing to remember when a pedestrian causes a car accident where you sustain injuries is you have a time limit to seek compensation. Each state has a statutory deadline to file personal injury lawsuits. For Texans, Texas Civil Practice and Remedies Code § 16.003 gives you two years to seek compensation from the pedestrian that caused the accident. When the two years pass, you could lose your opportunity.
Because of this deadline, it’s crucial you start working with an attorney immediately after the accident. Pedestrian-caused accidents could take longer to prove; therefore, your lawyer might need more time to investigate. In addition to the investigation, your attorney needs to take the following steps before filing a lawsuit against the liable party:
- Organize evidence proving the pedestrian caused the crash.
- Review the losses you incurred and calculate their value.
- Write a demand letter and send it to the liable party indicating how much compensation you seek.
- Negotiate with the liable party for a fair settlement that adequately addresses your current and future needs.
- Prepare for a lawsuit should the opposing party not settle your claim.
Your attorney must take all these steps before the two-year statute of limitations deadline. Thus, when you wait to start working with a car accident lawyer, you give them less time to build a strong case on your behalf.
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Contact a Car Accident Attorney for Help With Your Case
Did you get into a car accident caused by a pedestrian? If so, you have the right to hold them accountable and pursue compensation for the losses you incurred. A car accident attorney can help you build a compelling case that increases your likelihood of recovering compensation. At Loncar Lyon Jenkins, we can handle legal matters regarding your car accident.
So, contact our team today to discuss your legal options when a pedestrian causes a car accident that injures you or a loved one. We’ll listen to your account and provide information about how you can move forward with a claim. Then, our legal team can support you through the claim or lawsuit process. Our attorneys understand the turmoil you have undergone and will provide compassionate legal assistance.