Pedestrian accidents are some of the most severe accidents that occur, and the consequences of these accidents are often devastating and deadly. Unlike the occupants of enclosed motor vehicles, pedestrians do not have an outer barrier between themselves and the ground.
When a motor vehicle strikes a pedestrian directly and knocks them to the ground, they may suffer debilitating and sometimes fatal personal injuries. In most situations, these pedestrian accidents happen when people drive inattentively or otherwise negligently.
If you or a person you care about suffered injuries in a recent pedestrian accident, you should have a skilled Edmonton pedestrian accidents lawyer representing you every step of the way. Your lawyer can safeguard your legal rights while your personal injury case is pending and help you negotiate fair settlement compensation from the at-fault driver’s insurance company.
Finally, if your case must go to trial, your lawyer can file a lawsuit and litigate the case on your behalf in the court system.
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Where Do Pedestrian Accidents Typically Occur?
Pedestrian accidents may occur in just about any location where pedestrians are present, including on the side of the road and at crosswalks or traffic intersections. Pedestrian accidents may also happen in parking lots and garages where pedestrians frequently walk to and from their vehicles. Pedestrian accidents in these locations can be prevalent because lighting and visibility are sometimes less than optimal.
Motor vehicle operators have a duty to watch out for pedestrians and obey all traffic laws and regulations. They are responsible if they violate one of these laws and a pedestrian accident happens. As a result, you can turn to the at-fault driver’s insurance company for monetary compensation following your accident. A knowledgeable pedestrian accident lawyer in your area can help you recover the fair settlement compensation you deserve, or they can file a lawsuit on your behalf and litigate your case in court.
Debilitating Injuries that Pedestrian Accident Victims Suffer
Since pedestrians do not have the benefit of an outer metal shell surrounding them during an accident, they experience direct exposure to the ground – and to their entire surrounding environment.
Therefore, in an accident scenario, the force of a collision may cause a pedestrian to fall to the ground and suffer serious injuries. Those injuries are frequently debilitating because pedestrians do not typically have head protection or other bodily protection at the time of an accident.
The seriousness of a pedestrian accident victim’s injuries will typically depend upon the force of the collision, the number of vehicles involved, and the incident location.
Common pedestrian accident injuries include:
- Broken bones.
- Rib fractures.
- Soft tissue injuries.
- Road rash injuries.
- Spinal cord damage.
- Full or partial paralysis.
- Traumatic head and brain injuries.
All of these injuries may require significant and lengthy medical care and treatment.
Some of the most common medical treatments that a pedestrian accident victim might need to undergo include:
- Hospitalization
- Stitches
- One or more medical procedures, including surgeries
- Physical therapy
- Occupational therapy
- Temporary or permanent residence at a nursing home or assisted living facility
- Pain management treatment, including injections
Following a pedestrian accident, you should complete your medical treatment before filing a personal injury claim or lawsuit. Once all of your medical treatment is complete, a skilled pedestrian accident lawyer in your area can file a claim with the at-fault driver’s insurance company on your behalf and begin settlement negotiations in your case.
If you have permanent injuries that will never fully heal, your lawyer will likely wait until you’ve reached maximum medical improvement to file your claim. This allows your medical team to have a strong idea of what treatment your injuries will require in the future.
How Do Pedestrian Accidents Usually Happen?
Pedestrian accidents most frequently result from driver error, recklessness, and negligence.
Some of the most common types of negligence that lead to pedestrian accidents include:
- Speeding – When drivers exceed the posted speed limit – especially in residential areas and downtown areas with numerous traffic intersections and crosswalks – they significantly increase their chances of causing pedestrian accidents. This is because a driver who speeds may have difficulty slowing down their vehicle in a short amount of time. Consequently, they might inadvertently cause their car to strike a pedestrian.
- Failing to yield the right-of-way to pedestrians – When a pedestrian is lawfully present in a crosswalk, and a driver fails to yield the right-of-way to them at the appropriate time, the driver (and their insurance company) is responsible for any resulting injuries. Many drivers are in a hurry to get through a yellow or red traffic light, so they may negligently cause their vehicle to strike a nearby pedestrian.
- Failing to use rear view and side view mirrors – Many pedestrian accidents happen when drivers do not use their mirrors at the appropriate times, especially when backing out of parking spaces in parking lots and parking garages. When a driver fails to look behind them, they may not see an oncoming pedestrian, negligently causing their vehicle to hit the pedestrian and knock them to the ground.
- Distracted driving – Other pedestrian accidents happen when motor vehicle drivers are not paying attention to the road. Instead of watching the road, they may focus on their vehicle’s radio dial, GPS navigation device, tablet, or another electronic device. As a result, they might fail to see a nearby pedestrian in a crosswalk or on a sidewalk, negligently causing their car to hit that pedestrian and injure them.
- Driving under the illegal influence of alcohol or drugs (DUI) – Finally, some pedestrian accidents happen when people drive under the influence of drugs or alcohol. These substances may cause a driver to experience limited depth perception and can affect their concentration and vision. Moreover, drunk drivers may experience delayed reaction time due to severe limitations on their reflexes. As a result, they may be unable to stop their vehicle in time to avoid hitting a pedestrian, even if they observe the pedestrian beforehand.
If you or someone you care about suffered injuries in a pedestrian accident resulting from one of these types of driver negligence, you may have legal options to consider.
A skilled pedestrian accident lawyer in your area can review your options with you and help you decide on the best course of action for your personal injury case.
Successfully Proving a Pedestrian Accident Claim
In all pedestrian accident claims and lawsuits, the injured pedestrian is the plaintiff. As such, they have the legal burden of proof in their case. To recover monetary damages, they must establish various legal elements in their case.
First, they must show that the at-fault driver or other responsible person/entity acted unreasonably under the circumstances by deviating from the prevailing standard of care. In essence, this means that the at-fault party must have violated a traffic law, such as by speeding or failing to yield the right-of-way to a pedestrian at the proper time.
Next, the injured pedestrian must establish that this violation caused both the pedestrian accident as well as all of the pedestrian accident victim’s claimed injuries.
In some situations, insurance companies will allege that certain injuries are unrelated to the pedestrian accident. In those circumstances, the accident victim must show the necessary causal connection by introducing medical testimony in the case. A medical expert, for example, can causally relate a specific injury to the accident.
Moreover, a medical expert can establish, within a reasonable degree of medical probability, that a particular injury is permanent in nature. While many injuries recover after a certain period, permanent injuries never fully recover. Therefore, an accident victim may need to live with lifelong pain, suffering, and inconvenience as a direct result of their pedestrian accident involvement.
A pedestrian accident lawyer in your area can help you retain the necessary experts and prove the various legal elements of your case, enabling you to recover the total monetary damages you need and deserve.
Deadline to File a Pedestrian Accident Lawsuit
In Alberta, accident victims only have two years from their accident date to file a personal injury lawsuit seeking monetary damages. An accident victim who files their lawsuit belatedly cannot recover financial compensation and damages for their injuries. In fact, if they try to file a lawsuit after the statute of limitations has already expired in their case, the court will immediately dismiss their lawsuit.
Given the relatively short statutory timeframe, injured pedestrian accident victims must immediately take legal action. A skilled pedestrian accident lawyer can file a lawsuit promptly and begin pursuing the monetary damages the accident victim needs to recover for their losses.
Potential Monetary Damages in a Pedestrian Accident Claim or Lawsuit
Pedestrian accident victims often find themselves facing lifelong complications. They may have difficulty using various body parts, such as from a spinal cord injury or paralysis injury, or they may be unable to partake in activities that they once enjoyed prior to their pedestrian accident. Fortunately, all of these losses are compensable via a personal injury claim or lawsuit.
The total monetary damages that a pedestrian accident victim recovers will depend upon various factors, including the severity of the accident victim’s injuries, whether or not their injuries are permanent, and whether or not they had to miss time from work (or change careers) because of their accident-related injuries.
Some of the most common monetary damages that pedestrian accident victims may recover include compensation for all of their:
- Lost earnings, if the accident victim is unable to work following their pedestrian accident due to the severity of their injuries or because of conflicting medical or physical therapy appointments
- Loss of earning capacity if the accident victim’s injuries are so severe that they are unable to perform their prior job duties, must switch careers, and take a pay cut
- Past and future pain and suffering, to compensate accident victims for their symptoms beginning on the accident date up until the present time (past), as well as for their anticipated symptoms from the current date going forward (future)
- Permanent disability if the accident victim suffered a permanent injury, such as spinal cord damage or complete/partial paralysis that is unlikely to recover with time
- Mental anguish and distress, such as if the accident victim suffered PTSD or some other diagnosed mental complication due to their accident and injuries
- Loss of the ability to use a body part, such as from a full or partial paralysis injury
- Loss of life enjoyment, if the accident victim’s activity levels and overall quality of life decreased significantly due to their injuries
- Loss of spousal companionship, if the accident victim’s injuries prevent them from being intimate with their spouse
A pedestrian accident lawyer in your area can help you maximize your total monetary damages and pursue the settlement or litigation compensation you deserve to recover for all of your losses.
Your lawyer can accomplish this goal by highlighting the strengths of your personal injury claim while downplaying any weaknesses when negotiating with the insurance company adjuster handling your claim. Your lawyer can also threaten the adjuster with litigation if they refuse to take your case seriously and adequately compensate you for your accident-related losses.
Talk With an Experienced Pedestrian Accident Lawyer in Your Area Today
If you or someone you love recently sustained injuries in a pedestrian accident, you should take legal action immediately. Waiting too long to find legal counsel to represent you may ultimately jeopardize your right to file a claim or lawsuit seeking monetary damages.
An experienced personal injury lawyer in Edmonton can help you investigate your accident circumstances, file a claim with the insurance company, and litigate your case in the court system if necessary.
Moreover, if your case must go to a civil jury trial or binding arbitration hearing, your lawyer will be by your side every step of the way, aggressively highlighting the strengths of your case and pursuing the maximum monetary compensation available to you. You should focus on recovering from your injuries as best you can while your lawyer handles your legal battles for you.
