Pedestrian accidents can be a frightening experience. Every year, thousands of individuals either get severely injured or unfortunately lose their lives due to these accidents.
According to The National Center for Health Statistics (NCHS), 9188 pedestrians died in 2022 in traffic and non-traffic accidents.
These numbers are slightly different for 2023. A research analysis by the Governors Highway Safety Association says drivers crashed and killed 3,373 people in the first half of the year.
All these stats highlight one main issue; the continual rise in pedestrian accidents. Moreover, the injuries caused by pedestrian accidents don’t just end with physical pain. It burdens victims both emotionally and physically too.
Hence, understanding your rights and options as a victim to seek justice becomes important after such terrible accidents.
Overview of Common Causes of Pedestrian Accidents
Pedestrian accidents are multifaceted and difficult to come to terms with, at times. These accidents often happen from a combination of several factors which significantly increases the risk of injuries and fatality.
Additionally, pedestrian accidents don’t give you time to react. It happens all in a split second. Therefore, understanding the reasons for these accidents is important to prevent them.
Distracted Driving
Distracted driving is one of the most common causes of pedestrian accidents. NHTSA reports that distracted driving posed a substantial threat, with 3,308 deaths in 2022.
Drivers when driving on the road need to be focused. However, they tend to lose focus when engaged in texting, speaking to someone on the phone, or using navigation systems.
This, in turn, gives less time for drivers to react. Hence, they fail to respond to pedestrians in time, increasing the chances of accidents.
Speeding
This is another major contributor to pedestrian accidents where drivers exceed the speed limits and drive too fast as per their liking. At higher speeds, vehicles need more distance to stop safely because of increased momentum and slower reaction times.
In other words, as speed increases, both avoiding accidents and stopping the vehicle become challenging.
The other important point that you need to factor in here is the impact of an accident. The shorter the stopping distance, the less time you get to react as a driver. This increases the impact force during collisions and leads to more severe injuries.
Failure to Yield
Crosswalks and intersections are mostly meant for pedestrians. They have the right of way when it comes to these crossings. However, most drivers often fail to respect these traffic laws. These drivers break the rules and do not stop or slow down their vehicles when required.
According to Springs Law Group, most people walk to work, shop, or just get some fresh air. Yet, people can still get seriously hurt even if they don’t get in a car.
Poor Road Conditions
Pedestrian accidents could also happen due to poor road conditions such as potholes on the road, poorly marked crosswalks, or poor lighting. These conditions may block pedestrian pathways or make life difficult for drivers to see pedestrians.
3 Vital Factors That Help Building a Strong Case to Seek Justice
The Role of a Personal Injury Lawyer
A personal injury lawyer can always come in handy and play a crucial role when you‘re dealing with pedestrian accident cases. They have all the right expertise to deal with settlements negotiation, and representing clients in court.
The other most important thing is they are experienced enough to make sure that you as a victim receive fair compensation. Lawyers assist victims by handling major aspects of the case like evidence collection, proving liability, etc.
To understand this in a much easier way, let us have a look at an accident case that happened in Colorado Springs recently.
FOX 21 News reported that a pedestrian lost his life on the spot after sustaining injuries during the crash. According to the Colorado Springs Police Department, the crash happened early in the morning on Aug 1, 2024, and involved road closures.
While this particular case ended with an unfortunate death, there are times when the victim would end up with severe injuries. These injuries leave physical and mental scars and restrict you from understanding and handling legal issues.
During such situations, a Colorado Springs personal injury lawyer can help you navigate the legal concerns surrounding pedestrian accidents in Colorado Springs.
Evidence Collection
Gathering evidence is one of the important steps when you are looking to build a strong case against the culprit. You can start by collecting detailed medical records that document the injuries, treatments, and any ongoing health issues.
These records are important to build a link between the accident and your injuries. Additionally, get the official accident report filed by the police that includes all the accident details. The details should possibly mention the parties involved and any initial findings found on or near the accident scene.
The other most important element of evidence collection is eyewitness statements. They tend to give you deep insights into how the accident occurred and who is at fault. Witnesses, for example, can verify the chain of events and provide additional perspectives that could potentially support the case.
In most cases, CCTV surveillance footage also helps in solidifying the case.
Calculating Damages
You need to assess various kinds of damages that have caused you harm when calculating damages and compensation. The first in this list of calculating damages is medical expenses.
Surgeries, hospital stays like ward and ICU charges, and physiotherapy during the recovery phase fall under medical expenses. This should ideally cover both the past and the future needs related to the recovery process.
The next part of calculating damages is considering lost earnings. Lost wages include income lost while recovering and potential future earnings if injury leads to long-term or permanent disability. As in the case of most permanent disabilities, it doesn’t allow the victim to perform normal job duties. This is another factor that needs to be seriously considered.
Lastly, pain and suffering compensation. When we talk about pain, it could be the acute pain that you would suffer after the injuries and the chronic pain that persists over time.
Pain from fractures, soft tissue injuries, back pain, and headache after the head injury; all these are a significant part of pain compensation. Speaking of compensation, it covers anxiety about the future, fear of recurring pain, depression due to loss of quality of life, etc.
In short, getting hit by a moving vehicle as a pedestrian can be a traumatic and life-changing experience. The physical and emotional toll that comes with it worsens the situation. Hence, never forget that you are not a lone passenger in this tough journey.
A skilled personal injury lawyer, along with your family and friends’ support could ease things for you to a considerable extent. Additionally, try to prioritize your physical and mental well-being.
If you’re persistent enough, and you’ve got the right support, you’ll make it through this tough time.