When a pedestrian is involved in an accident, they may be entitled to file a claim for the injuries they suffered. Whether they have the right to file a claim for damages depends on a range of factors, including who was at fault for the accident and the type of accident that occurred. If you were involved in an accident as a pedestrian, it is important to seek legal advice to determine your rights and options for recovering damages, particularly because the applicable insurance for pedestrian versus auto accidents can be confusing.
Jensen Phelan Law Firm is a personal injury firm with over 70 years of combined experience helping our clients secure fair compensation after being injured by someone else’s reckless or careless actions. Pursuing a personal injury claim can be challenging, but our attorneys are committed to producing the best results for our clients. We also provide free case evaluations.
Pedestrians are perhaps the most vulnerable road users. They have no protection from a collision with a vehicle, and the injuries they suffer can be severe and life-changing. When a pedestrian is involved in an accident with a vehicle, he or she may have the right to claim damages for the injuries, harms and losses suffered. The circumstances in which a pedestrian can file a claim are not always clear-cut, and evidence disappears over time. So, when do pedestrians have the right to file a claim for injuries they suffered in an accident?
A pedestrian can only file a claim if someone or something else is at fault for the accident. Even if a pedestrian is partially at fault for an accident, he or she may still be able to recover a portion of their damages. In most cases, an agreement on the percentage of fault of each party involved in the accident can be reached without court involvement, and damages would be compensated accordingly. For example, if the negligent vehicle driver is 60% at fault, the injured pedestrian can claim 60% of the resulting damages.
If a pedestrian is hit by a car, the driver of the car will most often be liable for at least part of the accident. Drivers have a responsibility to drive carefully and, generally, to yield to pedestrians. However, there are some exceptions to this rule. For example, if a pedestrian is crossing the road outside of a designated crosswalk, or steps out into traffic suddenly so the driver of the car has no time to avoid hitting them, the pedestrian may not be successful with a liability claim.
If a pedestrian falls on a poorly maintained sidewalk, there may be a claim against the owner or manager of the property or perhaps the government entity that has responsibility to maintain a safe sidewalk or right of way. Property owners usually have a responsibility to maintain their sidewalks and keep them safe for pedestrians. If a pedestrian falls on a sidewalk that was not properly maintained, there may be a right to recover damages.
Accidents involving pedestrians can be devastating and life-changing. If you or a loved one has been involved in such an accident, it is crucial to seek legal assistance to make sure that you receive the compensation you deserve. At Jensen Phelan Law Firm, we are committed to providing our clients with the highest level of legal representation and support during what can be a difficult time.
At Jensen Phelan Law Firm, we are here to advocate for you and your rights. Let us help you get the compensation you deserve and begin your journey towards recovery. Contact us today to schedule a free assessment of your case and explanation of your rights by calling (928) 778-2660 or (520) 344-7484 or completing our online contact form.