When distracted drivers hit pedestrians, they regularly alter lives due to the severe injuries that result. The physical and financial effects of a pedestrian injury can be overwhelming, and it may feel like justice is out of reach. However, always remember you have important legal rights to hold the liable driver accountable for your losses. To file a claim after a pedestrian accident with a distracted driver,you must present a strong case, and your best chance of success is with the right lawyer handling your case from the start.
Additionally, an experienced Fayetteville pedestrian accident attorney can oversee the legal process and fight for the fair compensation and justice you deserve.
How Do Distracted Drivers Frequently Cause Pedestrian Accidents?
Distracted driving has become a widespread problem in today’s society, and it poses a significant risk to pedestrians. When drivers engage in activities that divert their attention from the road, their ability to react to certain situations, including the presence of pedestrians, is compromised. Several common distractions that can lead to pedestrian accidents include:
- Smartphone Use: Talking, texting, or using social media while driving can take a driver’s attention away from the road and increase the likelihood of accidents involving pedestrians.
- Eating and Drinking: Consuming food or beverages while driving can cause drivers to become distracted and take their focus off the road and pedestrian activity.
- Grooming: Drivers who groom themselves, such as applying makeup or fixing their hair, can become visually and mentally distracted, increasing the risk of pedestrian accidents.
- Talking to Passengers: Engaging in conversations with passengers can divert a driver’s attention, making them less aware of pedestrians and potential hazards.
- Using In-Car Technologies: Operating navigation devices, adjusting the radio or music, or using entertainment systems can contribute to distracted driving and accidents involving pedestrians.
Most Common Types of Injuries and Medical Treatment in Pedestrian Accidents
Pedestrians involved in accidents with distracted drivers often sustain severe injuries due to the vulnerability of their position.
First, some pedestrians may suffer fractures or broken bones, especially in areas such as the legs, arms, pelvis, or ribs, as a result of their impact on the vehicle. Traumatic brain injuries, or TBIs, frequently occur when the pedestrian’s head strikes the vehicle or the ground. These injuries may range from concussions to severe brain damage and can have long-lasting effects on the victim’s cognitive and physical abilities.
The force of a pedestrian collision can also cause damage to the spinal cord, leading to partial or complete paralysis and a lifetime of physical limitations. Moreover, injuries to muscles, tendons, and ligaments, such as sprains, strains, and tears, are common in pedestrian accidents. These injuries may require physical therapy or surgery for proper healing.
Seeking ongoing medical attention after a pedestrian accident is essential, even if you do not immediately feel injured. Some injuries, such as internal bleeding or concussions, may not manifest symptoms right away but can be life-threatening if left untreated. Ongoing medical treatment not only ensures your well-being but also provides crucial evidence for your personal injury claim or lawsuit.
Process of Filing a Claim or Lawsuit Against a Distracted Driver After a Pedestrian Accident
When filing a claim or lawsuit against a distracted driver after a pedestrian accident, it is important to follow a structured and organized process to maximize your chances of success.
Collecting evidence is crucial in establishing the distracted driver’s liability for the collision, including photographs of the accident scene, the positions of the vehicles, the point of impact, skid marks, and any other relevant details. You should also keep contact information for witnesses who saw the accident occur and collect police reports and any medical records related to your injuries.
Next, you should consult an experienced pedestrian accident lawyer as soon as possible after your accident. They will thoroughly evaluate your case and guide you through the legal process to pursue a strong case. An attorney will also ensure you meet all deadlines, properly document your losses, and negotiate with insurance companies on your behalf.
Additionally, your lawyer will prepare and submit a claim to the distracted driver’s insurance company. This claim typically includes a detailed account of the accident, your injuries, and a demand for compensation for medical expenses, lost income, pain and suffering, and other damages. The insurance company may respond to your claim by offering a settlement. Your attorney will analyze the offer and negotiate on your behalf to ensure you receive fair compensation. If a satisfactory settlement cannot be reached, your attorney may advise you to file a lawsuit.
If a settlement cannot be reached, your attorney will initiate a formal lawsuit on your behalf. They will guide you through the litigation process, which may involve discovery, depositions, and court appearances. If your case ultimately goes to trial, your attorney will present your case to a judge or jury and advocate for your rights. The judge or jury will then deliberate and reach a decision. If successful, you may be awarded compensation for the damages you incurred due to the distracted driver’s actions.
Filing a claim or lawsuit after a pedestrian accident with a distracted driver can be complicated and overwhelming. This is why it is crucial to have an experienced attorney by your side to provide ongoing guidance, support, and representation.
Proving that a Distracted Driver Caused Your Pedestrian Accident
Proving that a distracted driver caused your pedestrian accident requires gathering evidence that demonstrates the driver’s negligence. While each case is unique, there are several common types of evidence that can establish liability.
Eyewitnesses
Statements from individuals who witnessed the accident are extremely important. These witnesses can provide important details about the driver’s behavior leading up to the accident, such as cellphone use or other distractions.
Surveillance Footage
If the accident occurred near businesses or residential areas equipped with security cameras, your lawyer can obtain any available footage that may have captured the accident. This can serve as concrete evidence of the driver’s distraction or negligence.
Cellphone Records
Your attorney can also obtain the distracted driver’s cellphone records to determine if they were using their phone at the time of the accident. Phone records can provide evidence of texting, calling, or engaging in other distracted behaviors.
Police Reports
Police reports often contain statements from the driver, as well as an assessment of the accident scene. These reports can provide valuable evidence supporting your claim.
Accident Reconstruction
In some cases, accident reconstruction experts may be hired to analyze the accident scene, the damages to the vehicles involved, and other physical evidence to determine how the accident occurred. Their findings can support your claim by providing a scientific and unbiased analysis.
Medical Records
Medical records documenting your injuries and treatment can establish a direct link between the accident and the negligent driver’s actions. They can demonstrate the extent of your injuries and the effect on your physical and emotional well-being.
Building a strong case requires thorough investigation, attention to detail, and an understanding of the legal standards of proof. An experienced pedestrian accident attorney can gather the necessary evidence on your behalf and present a persuasive argument to establish liability.
Most Important Categories of Compensation in a Pedestrian Accident Claim or Lawsuit Involving a Distracted Driver
When filing a claim or lawsuit against a distracted driver after a pedestrian accident, you may be eligible for various categories of compensation, depending on the specific circumstances of your case. Some of the most important categories of compensation in pedestrian accident cases include:
- Medical Expenses: Compensation for medical expenses includes the costs of emergency room visits, hospital stays, surgeries, physical therapy, medication, and any future medical treatments related to your injuries.
- Lost earnings: If your injuries prevent you from working, you may be entitled to compensation for lost income. This includes both the income lost during your recovery period and any future earning capacity affected by your injuries.
- Pain and Suffering: Pedestrian accidents can result in significant physical pain and emotional suffering. Compensation for pain and suffering takes into account the physical discomfort, emotional distress, and loss of life enjoyment resulting from the accident.
- Rehabilitation and Therapy: In some cases, pedestrian accident victims may require long-term rehabilitation or therapy. Compensation may be available for expenses related to ongoing physical therapy, occupational therapy, counseling, or other rehabilitative services.
- Disfigurement or Disability: If the accident has left you with permanent disfigurement or disability, you may be entitled to compensation for the physical and emotional effects of these life-altering conditions.
- Punitive Damages: In cases where the distracted driver’s behavior was particularly reckless or intentional, the court may award punitive damages. These damages are meant to punish the driver and deter similar conduct in the future.
It is important to note that the compensation available in pedestrian accident cases can vary depending on the specific circumstances of each case. An experienced pedestrian accident attorney can assess your case’s unique factors and pursue the maximum compensation you deserve.
Deciding Whether to Settle or Litigate a Pedestrian Accident Case
Deciding whether to settle or litigate a pedestrian accident case resulting from a distracted driver is an important decision that requires careful consideration of several factors. Both options have their advantages and disadvantages, and the choice depends on the specifics of the case, the extent of injuries, and the willingness of both parties to reach an agreement.
Strength of the Case
The strength of the case is a major factor in deciding whether to settle or go to trial. If the pedestrian has strong evidence, such as eyewitness testimony, traffic camera footage, or police reports clearly showing the driver’s negligence (e.g., texting while driving), a settlement may be more likely. A strong case may encourage the at-fault driver’s (the defendant’s) insurance company to offer a fair settlement. However, if the evidence is unclear or there are disputes over liability, a trial may be necessary to prove the case.
Severity of Injuries and Damages:
The severity of the pedestrian’s injuries also plays a key role. If the injuries are serious or long-term, leading to significant medical bills, lost income, and pain and suffering, a trial may be the best option to ensure that the full extent of damages is covered. In contrast, if the injuries are minor or easily treatable, a settlement may provide quicker compensation and avoid the uncertainties of trial.
Time and Costs:
Litigating a case can be time-consuming and expensive. Trials often take months or even years to reach a conclusion, and legal fees can add up. If both parties are willing to negotiate and come to a reasonable agreement, a settlement can offer quicker compensation with fewer legal costs. Settling outside of court is often less stressful and more predictable for the accident victim, avoiding the risks and delays that sometimes come with trial.
Likelihood of Winning at Trial:
If the defendant is strongly denying liability or offering an unreasonably low settlement, it may be worth considering litigation. However, even a strong case comes with uncertainties, and there is no guarantee of success. An experienced lawyer will assess the likelihood of winning at trial based on the evidence and legal arguments.
Ultimately, the decision to settle or litigate depends on the specific circumstances of the pedestrian accident case. An experienced lawyer will provide valuable guidance in weighing the pros and cons of each option.
Talk with an Experienced Pedestrian Accident Lawyer Today
Filing a claim after a pedestrian accident resulting from a distracted driver may seem overwhelming, but it is a crucial step toward obtaining justice and compensation for your injuries and losses. By understanding how distracted drivers cause pedestrian accidents, the common types of injuries sustained, the process of filing a claim, proving liability, and the compensation available, you can face the legal process with confidence.
Remember to seek the assistance of an experienced Fayetteville personal injury attorney with the legal knowledge and support you need to secure a favorable outcome. Contact an attorney near you today and take the first step towards reclaiming your life after a pedestrian accident.