Walking is free, eco-friendly, and good for your physical and mental health. However, pedestrians today are at risk of serious injury in a collision with a motor vehicle. If you have been hurt in a pedestrian accident, call Malloy Law Offices, LLC. Our experienced pedestrian accident lawyers are tough advocates for injured pedestrians.
The most common causes of pedestrian accident cases are distracted driving and alcohol. If a driver is not paying attention to the road and to traffic signals, the chance that they’ll strike a pedestrian drastically increases. In recent years, texting while driving has played a role in more and more distracted driving accidents.
Accidents caused by alcohol, whether the pedestrian or the driver, account for 47% of all pedestrian accidents. If the driver was drinking, they are more likely to swerve out of their lane and have slower reaction times. They won’t be able to recognize and correct their error as quickly as a sober driver would. Many times the driver is unaware of the speed they were traveling at the time of the drunk driving accident. This can lead to serious consequences for innocent pedestrians.
Other causes include a driver failing to stop for a pedestrian in the crosswalk and failing to yield the right-of-way when turning on a green signal. A pedestrian who is in the crosswalk at the correct time has the right of way. Any driver who ignores this and proceeds to travel through the intersection and strikes the pedestrian is at fault.
There are instances where a crosswalk is “unmarked”, or implied. A pedestrian has the right to use this implied crosswalk if they are facing a green signal unless it is a turn arrow, or if the implied crosswalk is directed by pedestrian control signs. The same rules that a driver would follow for a marked crosswalk also apply for unmarked crosswalks.
Pedestrians are completely unprotected and vulnerable to serious injuries in a collision with a motor vehicle. Injuries commonly sustained in pedestrian accidents include:
When someone has been injured in a pedestrian accident, their attorney will be looking at the following criteria when preparing their lawsuit:
Fault plays an incredibly important role in personal injury cases. Maryland, Virginia and Washington, D.C. are three of only five states to have contributory negligence, which means that if the victim is found to be even one percent at fault in their accident, they are barred from receiving any recovery, as their actions contributed to their injury. Typically, the more severe the victim’s injuries are, the higher the value of the prospective settlement. The cost and method of treatment for injuries and permanent or long-term effects from their injuries are also considered.
Personal injury law can be complex. Anyone who was injured in a pedestrian accident can easily become overwhelmed trying to handle their case on their own. A lawyer can easily lift the burden of their case from the injured person’s shoulders. This allows the injured party to focus solely on their recovery.
Lawyers have a multitude of legal resources at their disposal, including police reports, medical records, and witness statements. A skilled attorney will be able to gather the facts of the case, work with an adjuster, and come up with a settlement figure. This figure will be sufficient to take care of the plaintiff’s medical bills, lost income, and pain and suffering. The pedestrian accident attorneys at Malloy Law Offices, LLC are highly skilled in all areas of personal injury law. Our personal injury lawyers work on a contingency fee basis – you pay us no fees until we recover compensation for you. Contact us today for your free consultation.