Run-over pedestrian accidents can happen for various reasons, but they typically occur when drivers are not paying attention, speed, or drive carelessly and recklessly.
If you suffered injuries in an accident where a vehicle ran you over, you are not alone. A knowledgeable pedestrian accident lawyer can determine your legal options, including filing a lawsuit against the at-fault driver (and indirectly against their insurance company) for compensation. Your lawyer can then handle every step of the process – including representing you in court – to maximize the compensation you recover.
Common Causes of Run-over Accidents
Accidents where a vehicle runs over a person, often referred to as “pedestrian accidents,” frequently result from a driver’s negligence. Several common causes contribute to these incidents.
One major cause is distracted driving. Drivers who are texting, talking on the phone, adjusting the radio, or otherwise not paying attention to the road are more likely to miss seeing pedestrians. Distracted driving is especially dangerous in busy urban areas where pedestrians are crossing streets or walking near traffic.
Another cause is speeding. When drivers go too fast, they have less time to react to pedestrians crossing the road. A vehicle moving at high speeds also requires a longer distance to come to a complete stop, which makes it harder for drivers to avoid hitting someone, especially if the pedestrian steps into the street suddenly or is crossing at an unexpected point.
Failure to yield is another common cause of pedestrian collisions. Many drivers do not yield the right-of-way to pedestrians in crosswalks, even though pedestrians have legal protection in these areas. Drivers may also fail to stop at stop signs or red lights, putting pedestrians in danger.
Driving under the influence of drugs or alcohol also plays a significant role in pedestrian accidents. When drivers are impaired, their judgment and reaction times are severely affected, making it more likely that they will not notice pedestrians or will be unable to stop in time to avoid a collision.
Poor weather conditions can also lead to pedestrian accidents, especially if drivers do not adjust their speed or driving habits accordingly. Rain, fog, or snow can reduce visibility making pedestrians harder to see on or near the roadway.
Finally, reckless driving behaviors like running red lights, illegal turns, or weaving in and out of traffic can put pedestrians in harm’s way. These actions often occur because drivers are in a rush or simply disregard traffic laws, increasing the likelihood of running over a person.
Common Injuries in Run-over Collisions
When a vehicle runs over a person due to driver negligence, the injuries can be severe and life-threatening. Pedestrians are particularly vulnerable because they have no protection against the force of a vehicle, unlike people inside a car who benefit from seat belts, airbags, and the car’s frame.
- One of the most common injuries in these types of crashes is broken bones. Pedestrians struck by a car often suffer fractures in their ribs, legs, or arms. The impact from the vehicle can be strong enough to shatter bones, requiring extensive medical treatment – including surgeries and rehabilitation.
- Head injuries are also frequent and can range from concussions to more severe traumatic brain injuries (TBIs). If a pedestrian’s head hits the car, the pavement, or another object during the collision, the damage can be catastrophic. Head injuries can cause long-term problems, including memory loss, difficulty concentrating, and changes in mood or behavior. In the most severe cases, brain injuries can lead to permanent disabilities or even death.
- Spinal cord injuries are another common result of pedestrian accidents. When the spine is damaged, it can lead to partial or full paralysis, depending on the location and severity of the injury. This kind of injury can be life-altering, requiring lifelong care and significantly reducing the individual’s quality of life.
- Internal injuries are also common but may not be immediately visible following the accident. Internal injuries include damage to vital organs like the lungs, liver, or kidneys, often resulting from the force of the vehicle’s impact. Internal bleeding is a serious condition that can be fatal if not treated quickly.
- Lacerations and bruises are also typical in pedestrian accidents. Deep cuts can lead to significant blood loss and may require stitches or other medical procedures. Furthermore, bruising can indicate more serious underlying damage, such as internal bleeding or broken bones.
Finally, emotional and psychological injuries should not be overlooked. Survivors of pedestrian accidents may experience post-traumatic stress disorder (PTSD), anxiety, and depression. The emotional effects of such an accident can be long-lasting and may require therapy or counseling to overcome.
Legally Proving a Run-over Accident Case
To legally prove a run-over pedestrian accident case that resulted from driver negligence, gathering and presenting solid evidence is vital. The goal is to demonstrate that the driver failed to act responsibly and this failure caused both the accident and the pedestrian’s injuries. Several types of evidence can be introduced to build a strong case.
- Police Reports – Following a pedestrian accident, the police typically respond to the scene and create an official report. This report may include important details like statements from the driver, witnesses, and the injured pedestrian. It also includes the officer’s observations about the accident, such as the condition of the roadway and any traffic violations. A police report can be strong evidence showing who was at fault.
- Eyewitness Testimony – Witnesses who saw the accident can provide important information about how it occurred. For instance, they may testify that the driver was speeding, running a red light, or not paying attention. Witnesses can also confirm that the pedestrian was following traffic laws, such as using a crosswalk or waiting for the right signal to cross. Eyewitness testimony is often persuasive because it comes from someone who has no stake in the outcome.
- Traffic Camera or Surveillance Footage – Video footage can provide undeniable proof of what happened. Many intersections are equipped with traffic cameras that record the flow of traffic. If the accident occurred in a place where businesses or homes have security cameras, their footage may also capture the incident. This type of evidence can show the driver’s actions leading up to the accident, such as speeding or ignoring traffic signs.
- Physical Evidence – Skid marks on the road, damage to the vehicle, and the pedestrian’s clothing can all serve as physical evidence. Skid marks may show whether the driver attempted to stop, and damage to the vehicle can indicate the severity of the impact. If the driver was speeding, the physical damage will likely be more severe. Clothing or shoes may show the point of impact or how the pedestrian was struck.
- Medical Records – Medical records are essential to prove the extent of the pedestrian’s injuries. They can also help establish a timeline of treatment and show how the accident directly caused the injuries. Medical experts may testify to the connection between the driver’s actions and the pedestrian’s injuries, solidifying the negligence claim.
To win a pedestrian accident case, presenting these types of evidence can clearly show that the driver’s negligence directly caused the accident and the pedestrian’s harm.
Successfully Litigating a Pedestrian Run-over Accident Case
When litigating a pedestrian accident case where a negligent driver ran over a pedestrian, several steps are involved in the legal process. A qualified lawyer can play a vital role in guiding the injured party through these steps and ensuring their rights are protected.
Initial Steps in Litigation
The first step in the litigation process is to gather all relevant evidence, including police reports, witness statements, medical records, and any available video footage. This evidence is essential to establish that the driver was negligent and caused the accident. An experienced lawyer can collect and organize this evidence, ensuring it is presented effectively.
Litigation Options
- Settling the Case – Many pedestrian accident cases resolve through settlements before reaching trial. A lawyer can negotiate with the insurance company on behalf of the injured party to reach a fair settlement. This process involves evaluating the damages incurred, such as lost income and pain and suffering, to determine an appropriate compensation amount. Settling can save time and money as it avoids the lengthy trial process.
- Taking the Case to Court – If the parties cannot reach a fair settlement, the next step may be to take the case to court. This process involves filing a lawsuit and preparing for a trial. A lawyer will draft legal documents, file them with the court, and represent the injured pedestrian during the trial. In court, both sides present their evidence and arguments, and a judge or jury decides the case’s outcome. A skilled lawyer can effectively argue the case, cross-examine witnesses, and present compelling evidence to support the pedestrian’s claim.
- Alternative Dispute Resolution (ADR) – Another option is to pursue alternative dispute resolution, such as mediation or arbitration. Mediation involves a neutral third party who helps both parties reach a mutually acceptable agreement. In arbitration, a neutral arbitrator hears both sides and makes a binding decision. A lawyer can navigate this process and ensure that the injured victim’s interests are represented effectively.
How a Lawyer Can Help
Throughout the litigation process, a pedestrian accident lawyer provides critical support by assessing the case’s strengths and weaknesses, advising on the best course of action, and ensuring compliance with legal procedures. They handle negotiations with insurance companies, prepare legal documents, and represent the injured party in court or during ADR sessions.
A knowledgeable lawyer can guide you through each step, aggressively advocate for your rights, and work toward obtaining fair compensation for your injuries.
Recovering Damages in a Run-over Accident
When a vehicle runs over a pedestrian due to driver negligence, the injured pedestrian may recover compensation for their damages through settlement or litigation, including the following:
- Lost Income – One of the most significant damages is lost earnings. If an injured pedestrian is unable to work due to their injuries, they can claim compensation for the income they would have earned during their recovery period. This includes their regular salary and potential overtime or bonuses they may have missed. If the injuries lead to long-term disabilities that affect their ability to work in the future, they can also seek compensation for future lost earning capacity.
- Pain and Suffering – Compensation for pain and suffering addresses the physical and emotional distress the crash and subsequent injuries caused. This compensation acknowledges the victim’s pain, discomfort, and mental anguish. It is often calculated based on the severity of the injuries, the duration of recovery, and how the injuries have affected the victim’s quality of life. Pain and suffering can include both physical pain and psychological effects, such as anxiety, depression, or PTSD.
- Loss of Life Enjoyment – Injuries from pedestrian accidents can significantly affect an individual’s ability to enjoy life, including being unable to participate in hobbies, social activities, or family events that they once enjoyed. Compensation for loss of enjoyment of life seeks to address this aspect of the victim’s suffering. For example, if an injured pedestrian can no longer participate in sports or attend social gatherings, they may be entitled to compensation for these losses.
- Emotional Distress – Injured pedestrians may also claim compensation for emotional distress resulting from the collision, which can include feelings of anxiety, fear, depression, or any other mental health issues stemming from the traumatic experience. Such compensation aims to acknowledge the psychological repercussions of the accident and assist in healing.
- Punitive Damages – In some cases, the injured party may be eligible to receive punitive damages. These damages are not meant to compensate the victim directly but to punish the driver for particularly reckless or negligent behavior. Punitive damages serve as a deterrent to prevent similar conduct in the future.
Call an Experienced Pedestrian Accident Lawyer Today
If you suffered injuries in an accident where a vehicle ran you over, you should consult with a skilled personal injury lawyer right away. Your lawyer can discuss your accident circumstances with you and set you on course to maximize your compensation, either through a favorable settlement offer from the insurance company or litigation result in court.
