According to statistics gathered by the National Highway Traffic Safety Administration, over 60,000 pedestrians were injured in traffic accidents in 2006. Hitting a pedestrian at a speed of over 30 miles per hour results in more serious injuries and fatalities — yet a driver can severely disable a pedestrian in a crash where the driver is traveling only 10 miles per hour.
Pedestrians are a particularly vulnerable segment of traffic, which is why motorists must yield to people crossing the street or otherwise crossing the paths of automobiles. As with any other traffic accident, liability for pedestrian accidents is based on negligence. Drivers of cars are not always careful enough to see pedestrians crossing the streets or runners. Even if you were not driving a car and you were injured after being hit by a car, you can you have your losses paid by the at-fault driver’s insurance company, and if necessary, potentially your own insurance company.
Drivers of cars have an obligation to look out for pedestrians and often times drivers on cell phones talking or texting, can result in a serious injury. Zimmer and Associates get these drivers cell phone records to make sure that they were paying attention. No stone is left unturned when the insurance company for a driver that hits a pedestrian refuses to even pay medical expenses. Our office has even seen where the insurance company blames the person hurt even when they had the walk signal. Insurance companies do everything they can to deny a claim, even when it is valid.
Pedestrian injuries also include injuries when businesses fail to keep their premises safe. Everyone has slipped or tripped and fallen at some point –– it’s just a fact of life. Sometimes, it happens because we’re distracted or not paying attention. But other times, it’s due to the negligence of others that we find ourselves severely injured from a bad fall.
State laws vary widely when it comes to car insurance schemes, and each scheme has limitations and exclusions. In addition, recovery may depend on the particular insurance policies involved as well as judicial decisions in that state.
Whether a vehicle or property defect causes an accident or injury, a pedestrian may recover damages for the injuries suffered if someone else’s negligence caused or contributed to the incident. Negligence is the legal term for the failure to do (or not do) something that a reasonable person would, in a similar situation, in order to protect others from foreseeable risks. In order to sort this all out, injured pedestrians should seek advice from a professional, such as a personal injury attorney like Zimmer & Associates.
If you or a loved one has been involved in a motorcycle accident and don’t know what to do, call Zimmer and Associates at 1-(866) 4270-HURT).