Pedestrian accidents are traumatizing to both the driver and the pedestrian and can result in serious injuries or even fatalities to the pedestrian. If you were involved in a pedestrian accident and you are the pedestrian, your rights or options for compensation depend on your answers to several questions. A spokesperson and attorney from the Crowson Law Group provided comments with respect to pedestrian accidents.

The first question to ask, is one regarding fault – whose fault was the accident? The spokesperson stated that “it is the general assumption that whenever there is a pedestrian accident, the fault is automatically the driver’s; while this is true in most cases, it is not true in all”. Drivers are required to yield to pedestrians at marked cross walks and in other situations as defined in the state’s traffic or vehicle code. Also, drivers must obey traffic signals as well as posted speed limits. Therefore, if a pedestrian is hit by a driver violating a traffic law, the fault is easily established as being the driver’s. However, if a pedestrian acts in a way that makes it difficult or impossible for someone driving in a normal, cautious way to avoid a collision, then fault is more difficult to establish. For example, if a driver is travelling at the speed limit and the pedestrian runs out from behind a parked car just a few feet in front of the driver’s car, it is less likely that the driver will be held liable for the accident.

Were you injured? “If you sustained injuries because of a pedestrian car accident and the driver is at fault for the accident or he or she bears most the blame, then the injured person is most likely able to pursue a personal injury claim against the driver’s car insurance company. Such a claim is known as a third-party claim. An insurance claim is the first step toward compensation and in most cases, if a person is represented by an experienced attorney, will result in a personal injury settlement after negotiations. Where negotiations do not yield the expected or satisfactory results, a pedestrian may file a personal injury lawsuit.”

Another aspect that can hamper or narrow down, the options of a pedestrian accident claim is whether or not the driver stopped at the scene of the accident. If the driver stopped at the scene and exchanged insurance and contact information, you will be able to successfully pursue compensation for your injuries by way of a claim against the driver’s insurance company. However, if the accident was a hit and run, whereby the driver did not stop at the scene of the accident, then this narrows down your options significantly. In such a case, first report the accident to the police so that they can investigate. If there were witnesses and if you are able to get their names and contact information, do so. If and when the driver is identified, you should begin searching for anchorage attorneys, who handle personal injury matters with respect to pedestrian accidents.

About the company
Crowson Law Group, is a law firm of professionals with a wealth of knowledge, expertise and experience dealing with personal injury claims and can provide advice and representation for such claims.