Why You Need a Pedestrian Accident Attorney

If you're the victim of a pedestrian accident, navigating the aftermath of your incident can be challenging and stressful. In addition to healing from what could be severe injuries and coping with the emotional distress, you're also faced with medical expenses and lost wages while trying to determine if you can take legal action—and that's where a pedestrian accident attorney can help.

Pedestrian accident attorneys represent clients in pedestrian accident cases and help them seek compensation. They offer support and professional advice, while guiding them through the legal process.

We'll discuss everything you need to know about personal injury attorneys, including what you can expect and how to hire one.

What does a pedestrian accident lawyer do?

A pedestrian injury lawyer takes on personal injury cases where pedestrians are involved in bicycle or motor vehicle accidents. For instance, they can help if you were hit by a car, causing a traumatic brain injury, or if a bicyclist ran into you, resulting in several broken bones and mounting medical expenses. A personal injury lawyer will oversee pedestrian cases involving everything from distracted drivers to traffic collisions.

A pedestrian accident lawyer will help you build your personal injury case, as it's their goal to represent you in court, negotiate on your behalf, and seek compensation for the losses you incurred due to the accident.

Some of an accident attorney's key roles include the following:

• Ensure you understand your legal rights.
• Provide you with legal counsel and support from an objective viewpoint.
• Guide you through the legal process, file paperwork and meet deadlines.
• Collect evidence to support your pedestrian accident claim.
• Calculate damages, such as lost wages and medical expenses.
• Negotiate with your insurance company to ensure a fair settlement.
• Represent you in court and advocate for you.

Top benefits of hiring a pedestrian accident attorney

Navigating the legal system on your own can be complicated and confusing, which is why many injury victims hire pedestrian accident lawyers.

While working with a lawyer from a personal injury law firm has many advantages, some of the top benefits are a lawyer's ability to provide legal expertise, conduct a full investigation, represent you in court, and maximize your compensation.

Provide legal expertise

Every pedestrian accident case involves understanding the intricacies of state and federal legislation, such as right-of-way laws, speed limits, and the statute of limitations, which can influence the decision of the case. For example, a state's jaywalking law might establish liability, while the state's negligence standards could determine who is at fault.

Your personal injury attorney is familiar with these legal nuances and can help you navigate the complexities of these laws.

Conduct a full investigation

When building your personal injury lawsuit, an experienced attorney will gather evidence to support your case. They'll dig into every detail about your accident, reviewing police reports, reading your medical records, analyzing images of the incident, and pouring over witness statements. They'll also look at traffic camera footage, inspect traffic signals and road conditions, and work to establish whether the motor vehicle driver was distracted.

Represent you in court

A lawyer who specializes in common pedestrian accident injuries knows their way around a courtroom. They understand how to properly prepare and submit the appropriate documents and comply with legal procedures, but they also practice courtroom etiquette and can present evidence, cross-examine witnesses, and build a strategy in your favor. Furthermore, an experienced lawyer will advocate for your rights and ensure you receive a fair trial.

Maximize your compensation

If you endured serious injuries from the accident, then you've likely racked up medical bills and lost wages. However, you may also be entitled to compensation for the pain and suffering you experienced.

Your personal injury attorney will calculate these damages and negotiate aggressively on your behalf to maximize your compensation from the driver and large insurance companies, including the health insurance company and auto insurance company.

An experienced attorney can make a big difference in the compensation you receive. In fact, the Insurance Research Council found that victims in pedestrian accidents who hired lawyers received roughly three and a half times as much in settlements than those who did not seek legal representation. The council also determined that 85% of insurance payouts for bodily injury claims went to those with attorneys.

Pedestrian accident lawyers ensure you receive fair compensation

Perhaps one of the most challenging aspects of negotiating pedestrian accident claims involves calculating damages used to determine compensation.

It can be difficult because damages include not only actual and estimated expenses but also subjective expenses. For instance, some expenses might include bills for medical procedures already performed, while others may be a rough estimate for potential medical procedures that might occur in the future. Meanwhile, some damages don't come with an exact price, like the cost of emotional distress or pain and suffering associated with the accident.

All of these damages influence how much compensation you are entitled to, meaning it's up to your lawyer to put a price on these damages to help ensure you receive the appropriate indemnification.

What financial compensation can I receive after a pedestrian accident?

As mentioned, compensation is awarded based on a wide range of damages. Your compensation could cover some of the following damages:

• Medical care, such as medical bills for hospital stays and treatment of serious injuries, from broken bones to traumatic brain injuries.
• Lost wages due to being unable to work.
• Loss of future earnings look at how your personal injury may negatively impact your career trajectory.
• Pain and suffering, which includes non-economic damages associated with emotional and psychological distress.

What’s the average pedestrian accident settlement amount?

The average cost of a pedestrian accident settlement depends on various factors, such as the severity of the incident, where the accident took place, and the strength of your claim.

That said, the national average for a pedestrian hit in a crosswalk is an estimated $75,000, but that number could significantly rise if they suffered serious harm. However, pedestrian accident settlements can range anywhere from $10,000 to several million dollars. For instance, you can expect settlements for a few broken bones to be significantly lower than settlements for more severe accidents like traumatic brain injuries and spinal cord injuries.

Can you win a pedestrian accident lawsuit without a lawyer?

Yes, it is possible to represent yourself in court and potentially even win a pedestrian accident lawsuit. However, if you want the best chances of winning and receiving fair compensation, we highly recommend hiring an experienced personal injury lawyer to oversee your case.

Not sure whether you should seek legal action or hire a lawyer? At LegalZoom, you can consult with a professional personal injury lawyer who will provide legal advice and recommendations based on your unique case.

How to find the best personal injury attorney

Once you've decided to hire a pedestrian accident lawyer for your case, it's time to find the right one for you.

So, where should you start your search? The following are a few places we recommend looking for accident attorneys:

• Ask for referrals. Your friends, relatives, and coworkers may have personal recommendations for lawyers they've worked with in the past.
• Contact your local bar association. Local legal communities often provide referral services for local lawyers and law firms in your area.
• Search LegalZoom’s online directory. We offer a network of personal injury attorneys in every state for you to browse.

When searching for the best pedestrian accident lawyer, consider some of the following tips:

• Search for lawyers who specialize in pedestrian accidents and have a proven track record.
• Research client testimonials and online reviews and ratings to gauge their representation.
• Ask for a list of referrals from other reputable lawyers and law firms.
• Look for attorneys with high success rates, including high-value settlements for pedestrian injuries.
• Inquire about their fee structure and whether it's on a contingency basis.
• See if they offer a free consultation to help determine whether you're compatible and a good fit.

FAQs

For more information about pedestrian accidents, lawsuits, and lawyers, check out our FAQs.

How long do I have to file a lawsuit after a pedestrian accident?

The statute of limitations can vary depending on several factors, including what state the accident took place. For example, in California, you must file a pedestrian accident lawsuit within two years of the accident. However, if you didn't realize you were injured until later, you have an additional year from the time you discovered your injury to file.

What are some common causes of pedestrian accidents? 

Some common causes of pedestrian accidents include driver error, pedestrian error, and other influences. If it was driver error related, it could be due to distracted driving, drowsy driving, reckless driving, and driving under the influence. If it was pedestrian error related, the pedestrian may have ignored traffic laws or stepped out in front of traffic without looking. As for other influences, weather conditions, poor road maintenance, or vehicle defects could also be responsible for the accident.

Can I still recover compensation if I was partially at fault for the accident?

It may depend on your individual incident and your state's negligence standards, but in some cases, you may qualify for some compensation even if you are partially at fault for the accident.

What happens if I hit a pedestrian?

If you hit a pedestrian, you may face legal and financial consequences. It's best to consult with a professional lawyer to receive legal advice on what next steps you should take to protect yourself.