While cars are still the dominant form of transportation in the U.S., walking is once again gaining in popularity, not only as a form of exercise and enjoyment but also as an eco-friendly alternative to other forms of transportation. Yet, as more pedestrians hit the pavement, pedestrian traffic accidents are also on the rise. A report by the Governors Highway Safety Association finds that in 2019, pedestrian fatalities hit a 30-year high. Unfortunately, pedestrians can easily become the victims of reckless or negligent drivers.
The moment a car hits a pedestrian, that individual’s life dramatically changes. Pedestrian accidents can be catastrophic, resulting in life-altering injuries, even death. Coping with the physical trauma is damaging enough, but the financial trauma can also take a heavy toll. Thankfully, victims don’t have to go through this frightening and overwhelming journey on their own. That O’Fallon personal injury attorneys of OnderLaw can help.
At OnderLaw, our team of experienced O’Fallon pedestrian accident lawyers can review the circumstances of your accident, build a solid case establishing liability, and work towards recovering the maximum amount of compensation available for your situation. You need money for your medical expenses, time away from work, and pain. The team at OnderLaw wants to help you get it.
Before you trust the negligent driver’s insurance company to give you an estimate about what your injuries are worth, talk to a seasoned attorney with OnderLaw . Let’s work together to get you the money you deserve. Call us today to take advantage of our free, no-obligation case evaluation.
The Centers for Disease Control and Prevention estimates that in 2017 a pedestrian was killed in a traffic accident once every 88 minutes. In addition to those numbers, it is estimated that at least 137,000 pedestrians were treated for injuries in emergency rooms across the United States. That is an alarming number of serious accidents involving pedestrians and motor vehicles. These types of accidents are becoming more prevalent as more people explore on foot, both for the health benefits and to lower their carbon footprint.
How do these types of accidents take place? In most cases, an inattentive driver is to blame. A report by the National Highway Transportation Safety Administration finds that the overwhelming majority of traffic accidents are caused by driver error. At least 94 percent of traffic crashes are caused by a driver making an error either in recognition, performance, or decision making. Some of the most common errors related to pedestrian accidents tend to be:
Distracted driving
Drunk or impaired driving
Speeding
Parking lot and intersection accidents
Left-hand turn accidents
School zone accidents
Construction zone accidents
Poor weather condition or visibility
Pedestrians are exposed, out in the open, and have little in the way of “safety equipment.” When a driver behind the wheel of a three-ton or more vehicle hits a pedestrian, there is nothing to take the force of the impact except flesh and bone. It is no wonder that pedestrian injuries are some of the most catastrophic. These types of injuries can significantly alter a victim’s quality of life and can result in serious scarring, disfigurement, and disabilities.
Some of the most common injuries that pedestrians tend to suffer in crashes include:
Calculating damages following a serious pedestrian accident can be complicated. Several considerations need to be taken into account before arriving at the appropriate dollar amount of compensation required to cover all your expenses. Who is most at fault and the severity of a victim’s injuries can all have an impact on compensation in a pedestrian accident case.
While it takes a skilled attorney to come up with a solid figure for your particular situation, in general, many victims injured in pedestrian versus car accidents can potentially recover money for the following:
Once compensation has been calculated, distributing it is governed by a Missouri regulation known as “pure comparative fault.” This rule gives victims the opportunity to seek compensation for their injuries from an at-fault party. It works by assigning fault to each person involved in an accident. A person’s compensation is then tied to the proportion of responsibility they bear for causing the accident. Courts are bound by the pure comparative fault rule and it also strongly governs how insurance adjusters calculate what a victim may be due.
For example, if a driver is distracted and hits a pedestrian, they may be considered the at-fault party. However, it comes out that the pedestrian was not in a designated crosswalk when they walked across the street, they also bear some liability for the accident. The driver may be held 80 percent accountable and the victim 20 percent accountable. The pure comparative fault rule means that the victim can collect the total amount of damages, minus their portion of responsibility. If damages are $100,000, then they can collect $80,000.
For many pedestrians caught in this type of life-changing event, it isn’t about the money. It is about accountability and getting a piece of your life back. No amount of money can make up for what you’ve gone through, but you deserve full and fair compensation for your medical expenses, loss of income, and trauma. You also deserve to know that the negligent driver who caused the accident is being held responsible for their actions.
At OnderLaw, we help victims, or their surviving family members get both compensation and a sense of justice. Our skilled team of O’Fallon pedestrian accident lawyers will thoroughly review your situation and walk you through the steps of the legal process.
If you want more information about how we can help you get the maximum compensation possible following an O’Fallon pedestrian accident, contact us today. We even offer a free case evaluation to help get you started. Before you accept any financial offer, consult with an experienced attorney and find out more about your legal rights.
