This press release discusses the questions a potential plaintiff must ask when determining whether he or she has a case with respect to a pedestrian accident.
3. 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.
4. 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.
5. 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.
Source :- http://www.prfree.org/news-do-you-have-a-pedestrian-accident-
case-382639.html