Distracted Driving Is The Cause Of Many Pedestrian Accidents
In addition, stepped-up enforcement campaigns have done little to stem the scourge of distracted driving, which is the main cause of pedestrian accidents. The more functionalities added to Smartphones, the more likely drivers are to focus on them when driving instead of on the road. The reversal of the long decline in pedestrian deaths ended when the Smartphone entered the picture, and fatality numbers have only increased.
It takes a second for a driver to miss seeing a pedestrian in the roadway ahead of them. The average driver will spend several seconds reading a text or checking social media behind the wheel. According to the National Highway Safety Administration, it takes up to five seconds to read or send a text while driving. During that time, they will not see stop signs and crosswalks when others have the right of way.
Other causes of pedestrian accidents can include:
- Drunk driving
- Speeding
- Brakes malfunctioning on care
- General carelessness
- Illegal left-hand turns
- Failure to yield the right of way
Most Pedestrians Will Suffer Serious Injuries In Accidents
Pedestrian accidents will cause serious injury. There is little chance that the pedestrian will walk away from the accident unscathed because there is little to protect them from impact. The average passenger car weighs 3,000 pounds, and the pedestrian will bear all the brunt of the force. Then, the passenger may be thrown onto the hard concrete surface or go through the car’s windshield.
The faster the car travels, the higher the chance that the pedestrian will not survive the accident. If the car travels over 31 miles per hour, there is a 50 percent chance that the accident will be fatal. Even at 16 miles per hour, there is a 10 percent chance of a fatality.
Common Injuries In A Modesto Pedestrian Accident
For every pedestrian accident fatality, numerous others survive the crash with serious injuries. Many injured pedestrians will never be the same after their injury. They may have years of grueling rehabilitation and many surgeries to recover part of their function before the accident.
Here are some common injuries that pedestrians suffer in accidents:
- Broken bones
- Head and neck injuries
- Traumatic brain injuries
- Organ damage and internal injuries
- Soft tissue injuries
- Spinal cord injuries
- Lacerations and contusions
How To Receive Compensation For A Pedestrian Accident
If you or a loved one have suffered an injury in a pedestrian accident, you must decide whether and how to take legal action if you want financial compensation. Your first step should be to speak with an experienced pedestrian accident attorney to learn more about your legal options.
If the driver involved in the crash followed California law, they should have an auto insurance policy to cover damages caused in an accident. If the driver does not have car insurance, you can file a claim against your policy for injuries suffered in a pedestrian accident since they involve a motor vehicle.
You also have the option of suing the responsible driver in court. Many people will begin by filing an insurance claim since it may be the quickest route to the compensation they deserve without the risk of a trial. However, you always have the option of filing a lawsuit immediately or if you cannot agree on a settlement agreement with the insurance company.
You Must Have Evidence Of Negligence To Win Your Case
Before you file a claim or lawsuit, your attorney must investigate what happened in the accident and compile evidence that you can use to prove your case. You are only entitled to financial compensation if you prove that the driver was negligent. You must learn exactly what the other driver did and compare it to what an ordinary driver might have done. A reasonable driver stops at a crosswalk and yields the right of way to pedestrians when legally necessary.
Your Damages In A Pedestrian Accident Case
Then, your attorney will need to put an exact dollar value on your damages. When you file a claim or lawsuit, you seek a specific amount to compensate you for your suffering, and you must know it ahead of time.
Your pedestrian accident damages will include:
- The complete cost of your medical care
- Lost wages for the time you missed from work or the reduction in your earning capacity
- Pain and suffering, which represents your physical discomfort and emotional effects of your injuries
- Loss of enjoyment of life
- Permanent scarring and disfigurement
- Loss of consortium damages for a partner or spouse
Suppose you are filing a claim after your loved one dies. In that case, your family can receive wrongful death damages, representing your family’s injury that you suffered when a family member died.
In addition, the personal representative can also file a survival lawsuit to recover the damages that your loved one suffered between the time of their injury and death. Then, your family can receive compensation for the necessary medical expenses before your loved one passes (for which you will still receive a bill).