Pedestrian and cyclist accidents are becoming increasingly common on busy streets, and the consequences can be devastating. Whether you are walking or cycling, being struck by a vehicle often results in serious injuries, medical bills, lost wages, and emotional trauma. If you’ve been involved in a pedestrian or cyclist accident, it’s essential to understand your legal rights and the process of filing a claim to receive the compensation you deserve. This article will explain the steps involved in pedestrian and cyclist accident claims, the common causes of these accidents, and how an experienced personal injury lawyer can help maximize your settlement.
Common Causes of Pedestrian and Cyclist Accidents
Pedestrian and cyclist accidents typically occur when a driver fails to pay attention, disregards traffic laws, or acts recklessly. Common causes of pedestrian accidents include distracted driving, such as texting or talking on the phone, or driving under the influence of alcohol or drugs. Drivers who fail to yield to pedestrians at crosswalks or run red lights can also cause devastating accidents. For cyclists, accidents often happen due to a driver failing to check blind spots, making unsafe lane changes, or driving too close to the cyclist.
Another cause of pedestrian and cyclist accidents is poorly designed roadways. Lack of proper crosswalks, inadequate lighting, and roads without designated bike lanes can make it more difficult for pedestrians and cyclists to stay safe. In urban areas, where traffic is often heavy, accidents are more frequent as both drivers and pedestrians must share the same space. Pedestrians may be struck when crossing streets, and cyclists can be hit while riding in traffic or at intersections.
In cases of pedestrian or cyclist accidents, establishing fault is essential for receiving compensation. Often, the driver is found to be at fault due to negligence, such as speeding or ignoring traffic signals. However, in some cases, the pedestrian or cyclist may also be partially responsible if they were jaywalking or failing to follow traffic rules. A skilled car injury lawyer will carefully investigate the accident to determine fault and help build a strong case to support your claim.
Injuries from Pedestrian and Cyclist Accidents
Injuries sustained in pedestrian and cyclist accidents can range from mild to life-threatening, depending on the speed of the vehicle, the severity of the impact, and the victim’s position. Pedestrians are particularly vulnerable, as they have no protection against the impact of a vehicle. Common injuries include broken bones, traumatic brain injuries (TBI), spinal cord injuries, and internal injuries. Pedestrians may also experience lacerations or bruising from being thrown to the ground.
For cyclists, injuries are often similar but can be more severe due to the lack of protection from the road and the vehicle. Common injuries include fractures, concussions, road rash, and bruising. More severe accidents can result in paralysis or even death. Regardless of the severity of the injuries, victims of pedestrian and cyclist accidents often face mounting medical expenses, lost wages due to an inability to work, and significant emotional distress.
One of the most important aspects of a pedestrian or cyclist accident claim is ensuring that all injuries are properly documented. This includes not only immediate injuries but also long-term effects that may require future medical treatment, rehabilitation, or therapy. An experienced personal injury lawyer will work with medical professionals to assess the full extent of your injuries and ensure that all your medical expenses are covered in your claim.
The Legal Process in Pedestrian and Cyclist Accident Claims
Filing a pedestrian or cyclist accident claim can be complicated, but with the help of an experienced car injury lawyer, victims can navigate the process and maximize their compensation. The first step after an accident is to seek immediate medical attention. Even if injuries seem minor at first, it’s important to get checked by a healthcare professional to ensure there are no underlying issues. In many cases, injuries from pedestrian and cyclist accidents may not show symptoms right away, but can worsen over time.
Next, it’s important to gather evidence from the scene of the accident. This may include photographs of the scene, the vehicle involved, and any visible injuries. Witness statements can also be crucial, as they can help establish what happened before, during, and after the crash. If a police report was filed, this document will provide an official record of the accident. Working with a personal injury lawyer ensures that all necessary evidence is collected and organized to support your case.
Once evidence is gathered, your lawyer will help you file a claim with the responsible party’s insurance company. If the driver is at fault, their insurance will cover your medical expenses, lost wages, and other damages. If the driver is uninsured or underinsured, your lawyer will help you explore other avenues for compensation, such as your own uninsured motorist coverage (UMC) or personal injury protection (PIP).
If negotiations with the insurance company do not result in a fair settlement, your lawyer may recommend taking your case to court. In court, your lawyer will present the evidence, including medical records, witness testimony, and expert opinions, to prove the driver’s negligence and secure the maximum possible compensation. The goal is to ensure that you are fully compensated for your injuries, lost income, pain, and suffering.
Maximizing Compensation in Pedestrian and Cyclist Accident Claims
Maximizing compensation in a pedestrian or cyclist accident claim involves several factors, including the severity of the injuries, the impact on your life, and the ability to prove fault. Medical bills, lost wages, and emotional distress are some of the most common forms of compensation that victims seek. However, victims may also be entitled to compensation for long-term care, such as ongoing medical treatments, therapy, or modifications to their home if the injury results in permanent disability.
Pain and suffering is another significant part of many pedestrian and cyclist accident claims. These non-economic damages are intended to compensate victims for the physical and emotional toll the accident has taken on their lives. For example, if the accident caused long-term pain, mental distress, or a reduced quality of life, you may be entitled to damages for these effects.
An experienced personal injury lawyer can help you understand the full value of your claim and ensure that all damages, including non-economic damages, are properly accounted for. Your lawyer will also negotiate with insurance companies to avoid low-ball settlements and work to achieve a fair and just outcome.
Conclusion
Pedestrian and cyclist accidents can result in serious, life-changing injuries, but with the help of a dedicated car injury lawyer, victims can pursue fair compensation for their losses. Understanding the causes of these accidents, the types of injuries that may result, and the legal process involved is crucial for anyone involved in a pedestrian or cyclist accident claim. If you’ve been injured, don’t wait to seek legal assistance. An experienced personal injury lawyer can help you navigate the complex legal landscape, ensuring that your rights are protected and that you receive the compensation you deserve.