Our Fearless Advocates Can Help You Build Your Case
Any time you step out of your car, home, or place of work, you may become a pedestrian. Whether you are walking on sidewalks or in crosswalks, or traversing parking lots or roadways, you have a duty to follow the law and a reasonable expectation of safety.
Unfortunately, pedestrians are injured and killed in car accidents at an alarming rate. The Centers for Disease Control and Prevention (CDC) estimates that one pedestrian is killed in a crash every 1.5 hours. In 2018, pedestrian deaths spiked to 6,283, and each year, about 129,000 pedestrians take a trip to the emergency room for crash-related injuries.
Many of these injured individuals face enormous medical bills, miss days, weeks, or months of work, and have their lives changed forever. The families of those who are killed suffer unfathomable losses, as well. Fortunately, firms like Ashcraft & Gerel help these people recover from their injuries and losses and take their first steps forward after a devastating accident.
What Are the Risk Factors for Pedestrian Accidents?
Pedestrians age 65 and older and children under the age of 15 are most susceptible to pedestrian accidents. Most states require an increased duty of care towards children, as they are smaller, harder to see, and may act erratically.
Other risk factors for pedestrian accidents include:
- Speeding
- Intoxicated drivers or pedestrians
- Failure to yield right of way
- Distracted driving or walking
- Violating the rules of the road
Both pedestrians and drivers have a duty to abide by the law and prevent accidents whenever possible. In car-pedestrian accidents, however, pedestrians are much more vulnerable, and drivers tend to bear the brunt of the responsibility in these collisions. Even if a pedestrian were to cross against the light at a crosswalk, for example, a driver could still prevent their injury or death by paying close attention, slowing down, and exercising reasonable care.
If you are questioning your accident and what caused it, you may still have a claim. Our firm can help evaluate the strength of your case during a free consultation.
What Will You Need to Prove for a Successful Pedestrian Accident Claim?
If you are injured during a pedestrian accident, there are a few components you will need to establish to have a successful claim.
First, you must show that the driver who hit you owed you a legal duty of care. In car accident cases, this duty is implicit, as all drivers on the roadway owe those around them reasonable care.
Next, you have to prove that this duty of care was breached through the driver’s actions or lack thereof. If the driver was speeding, distracted, or otherwise impaired, you can argue that they were not being careful, and were, therefore, violating their duty towards you.
Once you have established the driver’s negligence, you must explain how it caused your accident. This is where your behavior during the crash may come into question and where an attorney can help everyone in your case stick to the facts.
Finally, you should demonstrate the injury or harm you suffered as a result of the accident and request compensation to address your losses.
At every phase of your case, defendants or insurance adjusters will try to mitigate or dismiss your claims. That’s why it’s so important to have a compassionate and fearless advocate on your side.
Our attorneys have decades of collective legal experience and can help you build each component of your claim with clarity and confidence. Throughout your entire case, we have one priority: you.
Why File a Claim?
If you’ve survived a traumatic accident or lost a loved one to an unexpected collision, the last thing you may want to do is file a claim. We understand you may be hoping to move on and stop thinking about the accident altogether.
Nevertheless, you are already facing the consequences of someone else’s negligent behavior. At Ashcraft & Gerel, we don’t think you should have to face these consequences alone.
Filing a personal injury claim can help you handle the realities of a pedestrian accident and compensate you for losses, such as:
- Medical bills, including emergency treatments
- The costs of rehabilitative care
- Missed wages while you recover
- Diminished earning potential
- Pain and suffering
- Changes to your quality of life
If you lost a loved one, a wrongful death suit can also cover:
- Premortem medical treatments
- Funerary costs
- Burial expenses
- Loss of income and support
- Loss of consortium
- Emotional distress
Recruiting our firm is not about making a bad situation worse. It’s about pursuing justice and obtaining the resources you need to move forward. If you are ready to begin your case, call us at (866) 709-0505 and schedule a free case evaluation at one of our many locations. We look forward to helping you get the closure and compensation you deserve.