Getting hit by a car can be traumatic. The aftermath of an accident can be so chaotic that you might even forget about the lawsuit. However, you may want to keep your legal options open if the accident occurred because of someone else’s negligence and you have received a lot of injuries. In this article, we will give an overview of lawsuits brought by pedestrians against car drivers.
Fault for pedestrian accidents
Before filing a lawsuit, a pedestrian should see who is to blame for the accident. Just because you were not driving a vehicle doesn’t mean you can’t be at fault.
Did the driver keep the car running when there was a red light? Was the driver over-speeding? Was the driver drunk? Did the pedestrian walk into the middle of the road while texting? Could either of two people have avoided the happening?
In many cases, a pedestrian can recover in a lawsuit when the driver was partially at fault. If the pedestrian wandered out on the road, and there was nothing much the driver could do to avoid the accident, the pedestrian would not be successful in the lawsuit.
There is also the possibility of more than one person causing the accident. Imagine a driver ran a red light. Another driver who had the green light had to apply breaks to avoid the accident. But, the sudden swerve caused that driver to lose control and hit a pedestrian on the sidewalk.
In such a scenario, the person at fault is the first driver. The pedestrian can file a lawsuit against that driver even though he was not the person actually hitting the pedestrian. Although the second driver was partly responsible because he wasn’t able to control the vehicle, it is the first driver who would pay for most of the damages.
Damages in a pedestrian accident case
A personal injury lawsuit demands the parties at fault to pay for all damages the victim had to suffer. Although it is hard to equate money with injuries, that’s how the legal system works.
Damages in this scenario fall into the following categories.
- Medical expenses
- Pain and suffering
- Lost wages
- Loss of enjoyment
Medical expenses and injuries are the simpler categories. The medical expenses paid by the victim can be reimbursed. If the pedestrian misses workdays, the driver has to compensate for all those lost wages.
It will be challenging to work on the other two categories. How can you calculate the value of pain and suffering? Well, that is all up to the jury to decide. Some injuries do not result in long-term impacts. Some injuries, however, can initiate some lifelong health problems.
The second hard-to-evaluate category is the loss of enjoyment. It refers to the negative impact of the injury on the victim’s life. Some injuries result in permanent or long-term paralysis of the lower body. Inability to walk and run is severe damage to the quality of life.
If you have been a victim of a car accident in any way, be sure to discuss your case with a car accident lawyer. It is crucial not to discuss anything with coverage companies and the opposing person in your lawsuit.