As we navigate the complexities of a pedestrian accident injury, it's crucial to understand the legal and medical implications that follow such incidents. From identifying the most common pedestrian accident injury to exploring various types of minor trauma injuries sustained in these accidents, our discussion will provide a comprehensive insight into this critical issue.
We'll delve into the consequences for hitting a pedestrian and assess how liability is determined. We'll also explore who is more at risk for serious injury in pedestrian accidents–up close and personal.
Furthermore, we'll examine pedestrian accident injuries that occur near driveways, as well as data from reliable sources like National Highway Traffic Safety Administration and Fatality Analysis Reporting System. These findings will help us comprehend future motor vehicle safety standards better.
In addition, you'll learn about financial assistance available for victims of pedestrian accidents; including lost wages recovery, out-of-court settlement options with driver’s insurer or health insurer, and when an at-fault driver’s employer could be vicariously liable. This knowledge can empower you to make informed decisions regarding your legal options after a pedestrian accident.
What is the most common injury for pedestrians?
Pedestrian accidents can lead to a variety of injuries, ranging from minor scrapes and bruises to life-threatening conditions. However, one of the most common injuries sustained by pedestrians in an accident is trauma to the head or brain. This can occur when a pedestrian's head strikes a vehicle or hits the ground during an accident.
A report by The Centers for Disease Control and Prevention (CDC) states that traumatic brain injuries are often serious and may result in permanent disability or death. Symptoms might include headaches, nausea, confusion, memory problems, mood changes, dizziness, and loss of coordination.
In addition to head injuries, other common types of pedestrian injuries include:
- Bone fractures: These could involve any bone in the body but commonly affect legs and arms.
- Spinal cord damage: Damage to the spinal cord is a common pedestrian accident injury and could potentially cause paralysis or severe mobility issues.
- Cuts and lacerations: Be careful, these wounds might seem minor initially but can lead to significant blood loss if not treated promptly.
The magnitude of these traumas is usually contingent on factors such as the speed of the vehicle at the time of impact, the size and kind of automobile in the crash, among other things. It's important that victims seek immediate medical attention following an accident, even if they feel fine, since some symptoms don't appear until hours after the incident has occurred. Mayo Clinic advises that delayed treatment could worsen certain conditions leading to long-term complications.
Treatment options available for pedestrian accident victims
If you've been injured as a pedestrian due to someone else's negligence, it's crucial you get appropriate medical care immediately. Treatment options vary depending on the nature and extent of your injury; this includes emergency care services like surgery and medication followed by rehabilitation therapies like physiotherapy and occupational therapy, among others.
You also have legal rights which should be protected too. If another party was responsible for your accident, then you may be entitled to compensation covering all costs associated with the recovery process, including lost wages, pain, suffering, and emotional distress.
At Spetsas Buist PLLC, we help people who've suffered personal injury due to their involvement in traffic collisions throughout the Florida, Georgia, South Carolina, and North Carolina. We understand how devastating these events can be, and our team of lawyers will work tirelessly to ensure you receive the justice you deserve. Please don't hesitate to contact us today for more information about our services and the assistance we provide.
When you negligently cause a pedestrian to be struck, legal repercussions may arise.
When a person runs another person over with a motor vehicle, things can get legally messy. In Florida and the rest of the US, hitting a pedestrian due to negligence can lead to criminal charges and civil lawsuits, depending on the facts of the case.
Negligence and Who is at Fault
If a driver is preoccupied with texting or lost in thought and collides with a pedestrian, that driver's liability insurer will probably be responsible for providing compensation. Similarly, if a delivery driver hits a pedestrian while on duty, the employer may also bear legal responsibility.
In Florida, no-fault insurance applies regardless of fault. Each person may turn to their own insurance company for medical bills and lost wages, regardless of who's to blame. But if the accident was particularly reckless and the pedestrian accident injury was sufficiently severe, the victim may choose to bring a lawsuit.
Punishments for the Perpetrator
- Criminal Charges: Depending on how bad the accident was and the driver's previous driving record, that driver could face fines, probation, or even prison cell.
- Lawsuits: The injured party may choose to sue the driver for medical costs, lost wages, and even the emotional trauma of being hit by a car.
- Fines & Points: Drivers may also be slapped with fines and points on their license, which often means auto insurance rates will increase.
- Suspension of License: If the driver really messed up, they may lose driving privileges.
Keeping Pedestrians Safe
To avoid pedestrian accidents, drivers should follow motor vehicle safety standards and traffic laws. Additionally, pedestrians should keep their eyes peeled for cars. This is especially true for kids because they're more at risk, as we'll talk about in greater detail below.
What is Pedestrian Trauma?
Pedestrian trauma is when pedestrians get into accidents with cars and end up injured. It can range from minor scrapes and cuts to serious injuries like broken bones or even worse. Please be cautious of the reckless drivers on the road.
Minor Trauma Injuries in Pedestrian Accidents
In pedestrian accidents, even minor incidents can leave you feeling major pain. Here are three types of minor trauma that could happen:
- Cuts and abrasions: When you have a close encounter with asphalt or broken glass, you might end up with some cuts that go beyond just a scratch.
- Sprains and strains: Trying to dodge a car can lead to sprains and strains in your muscles and ligaments.
- Bone fractures: Breaking a bone is not only extremely painful, but this type of pedestrian accident injury can cause a person to miss days or weeks of work.
Dealing with these injuries can mean time off work and lost wages. Plus, people a pedestrian accident injury will often have to shell out money for medical treatments, rehab, and maybe even ongoing care.
If you've been in a pedestrian accident because of someone else's carelessness, you may have legal options to get compensation. A personal injury lawyer can be your guide through the injury claim process and make sure you receive what is rightfully yours.
Filing Claims Against Negligent Parties
It's usually not a great idea to accept a quick settlement offer because insurance companies seek to pay as little as possible for a claim. That's their business mode. Thus, it's often a good idea to hire an experienced personal injury attorney to ensure you get the fair compensation you deserve.
Those sneaky insurers want to save money, not help you. Get yourself a lawyer who knows how to negotiate and get you the fair compensation you deserve. Don't settle for less than what the negligent driver or company owes you.
Navigating Insurance Claims After a Pedestrian Accident Injury
Florida Statute Chapter 627 Section 736(1), also known as Personal Injury Protection (PIP), requires all motor vehicle owners to carry $10k insurance coverage per person per incident, regardless of fault. This means pedestrians injured due to someone else's negligence may be entitled to compensation that could cover or partially cover their medical bills and lost wages.
Dealing with the trauma and anguish of recuperation can be an intimidating challenge, particularly when attempting to go through the procedure for insurance claims. That's why many folks choose to hire a personal injury lawyer to help them secure the maximum financial compensation they are entitled to.
What pedestrians are most at risk for serious injury?
Pedestrian accidents can be brutal, especially when they cause a serious pedestrian accident injury. However, some pedestrians are even more exposed to danger than others, due to elements like age, physical condition, and the environment they walk in.
The elderly are especially susceptible for getting injured on the road. With reduced mobility, vision problems, and slower reaction times, they're more prone to accidents. According to the CDC, old folks accounted for 20% of pedestrian deaths.
Kids are some of the most vulnerable to suffering a pedestrian accident injury. Their small size and unpredictable behavior make them particularly susceptible. They might not grasp traffic rules or be visible to drivers until it's too late. The CDC says one in five children under 15 killed in traffic crashes was a pedestrian.
Pedestrians with Disabilities
People with disabilities face extra hurdles on the streets. Physical limitations or reliance on assistive devices like wheelchairs can slow folks down and make maneuvering a challenge.
Treatment Options Available For Pedestrian Injuries
If you're unlucky enough to suffer a pedestrian accident injury, there are treatment options available to fix you up:
- Emergency Medical Care: Paramedics can help at the scene of the accident and get folks to the ER if needed.
- Surgery: When things get messy, surgery might be necessary to fix fractures or internal injuries.
- Physical Therapy: After initial medical treatment, folks may need additional rehabilitation in the weeks and months that follow the pedestrian accident.
- Counseling: Sometimes, the trauma of an accident can mess with a person's head. Counseling can help folks cope and heal.
But hey, remember that medical treatments can cost a lot of money-money that many people simply don't have. If someone else's negligence caused your injury, you may be able to seek compensation through legal action. That's where we come in. We'll battle the insurance companies to get you the compensation you deserve for your pedestrian accident injury, and we can help make those responsible pay for their careless actions and protect innocent pedestrians in our community.
Financial Assistance for Victims of Pedestrian Accidents
If you have experienced a pedestrian accident, prepare yourself for the consequences. The road ahead is likely filled with stress and difficulty. However, rest assured that financial assistance may be accessible to aid your recovery and ease your mind.
In Florida, Personal Injury Protection (PIP) from your auto insurer can be a lifesaver. According to the National Highway Traffic Safety Administration, PIP can cover medical expenses and lost wages, regardless of who's to blame. It's like having a safety net for those situations when you suffer a pedestrian accident injury because of an uninsured driver.
Moreover, in instances where another party bears responsibility for the accident, such as a delivery driver or their employer, the principle of vicarious liability may come into play. This may entitle you to seek compensation from the liable party's insurance provider or reach a settlement outside of the courtroom. It can be likened to a favorable resolution, albeit without the need for extravagant celebrations.
Pedestrian accidents aren't just minor fender benders. They can leave people with injuries that cause lasting damage, and this damage can be very expensive and can turn a family upside down financially. In no-fault states like Florida, where each person's insurance pays for their own losses, there are still circumstances where you can sue others for serious injuries or even death caused by negligence.
At Spetsas Buist, we are here to guide you through the intricate domain of pedestrian accidents. Our purpose is to provide you with unwavering support, enabling you to concentrate on your recovery without worrying about financial matters. Let us be your compass through this journey, ensuring your well-being remains the top priority.
FAQs in Relation to Pedestrian Accident Injury
Q1: What are the common causes of pedestrian accident injuries?
A1: Pedestrian accident injuries most often occur due to negligence on part of the drivers or pedestrians themselves. Common causes include distracted driving, speeding, failing to yield at crosswalks, driving under the influence, and poor visibility. Other factors can include inadequate pedestrian infrastructure or unforeseen circumstances such as weather conditions. Being aware of these risks is the first step to prevent pedestrian accidents.
Q2: What steps should you take immediately after a pedestrian accident injury?
A2: If you or someone else has been injured in a pedestrian accident, it's crucial to prioritize safety and medical attention. Contact the authorities, seek immediate medical treatment, and document the incident. Ensure to gather contact information of witnesses if any, and if possible, take pictures of the accident scene. It's also beneficial to consult with a personal injury lawyer who specializes in pedestrian accidents as soon as possible.
Q3: How can a pedestrian accident attorney help in such injury cases?
A3: A pedestrian accident attorney can provide essential assistance in cases of pedestrian injuries. They can navigate the complexities of personal injury law, gather necessary evidence, and negotiate with insurance companies on your behalf. Their main aim is to ensure that you receive a fair settlement for your injuries, loss of income, medical bills, and any other costs associated with the accident.
Q4: What types of compensation can you expect after a pedestrian accident injury?
A4: Compensation in pedestrian accident injury cases typically covers tangible and intangible losses. Tangible losses include medical expenses, lost wages, and future earnings if you're unable to return to work. Intangible losses include pain and suffering, emotional distress, and loss of enjoyment of life. The exact amount of compensation varies depending on the severity of the injuries and the specifics of the case.
Q5: How can you prevent pedestrian accident injuries?
A5: Preventing pedestrian accidents primarily depends on the vigilance of both drivers and pedestrians. Drivers must adhere to speed limits, minimize distractions, and exercise utmost caution in areas with significant pedestrian traffic. Pedestrians should utilize designated crosswalks and sidewalks, refrain from jaywalking, and ensure they are easily visible to drivers, particularly during nighttime hours. Ultimately, the responsibility rests on both parties to prioritize safety and exercise caution on the road.