When people talk about transportation, many people overlook the benefits of walking. Walking allows you to enjoy the scenery, exercise, and avoid traffic congestion, and is excellent for the environment. It is one of the few modes of transportation available to almost anyone. However, pedestrians lack the protective cages, seatbelts, and airbags that protect people in vehicles, as well as the protective gear and helmets that bikers and cyclists often have.
When hit by a vehicle, pedestrians may experience substantial injuries, including broken bones, spinal injuries, traumatic brain injuries (TBIs), and more. A Lowell pedestrian accident lawyer could explain your rights and remedies to you. Contact the skilled personal injury attorneys from The Law Offices of David W. Holub to learn about your options today.
Compensation After a Pedestrian Accident
When someone has been injured in a pedestrian accident, they may have a personal injury claim against the driver. In this kind of claim, the injured party can recover economic and non-economic damages for things resulting from the accident, such as:
- Trauma
- Lost wages
- Medical bills
- Pain and suffering
The type and amount of damages depend on the nature and severity of the injuries, as well as who was at fault in the accident. A Lowell pedestrian accident attorney could help determine what kinds of damages may apply to a specific case and work to get the highest possible compensation.
What Leads to Pedestrian Accidents?
There are many causes of pedestrian accidents, but most of them come down to distraction and neglect. Pedestrians and motor vehicle operators can all be responsible for the accidents. However, since vehicles are much more likely to hurt pedestrians than pedestrians are to damage vehicles, drivers have a responsibility to watch out for pedestrians. Even if a pedestrian is violating rules or laws, the driver still has that responsibility. However, they may not always be fully liable for the damages to the pedestrian.
Failure to Yield
One of the significant causes of pedestrian accidents is the failure to yield the right of way. Pedestrians have an absolute right of way in many situations. Still, drivers might fail to see them or respect that right of way. For safety’s sake, a pedestrian may need to assume that a vehicle will not yield the right of way. Likewise, a vehicle operator may need to assume that pedestrians will step into traffic when they do not have the right of way.
Distracted Driving
Distracted driving also leads to many accidents. People often think of texting, but using a mobile device is only one way that drivers may be distracted. Other possible causes of distraction include eating, drinking, changing the radio station, and talking to other passengers.
Intoxication and Drowsiness
Intoxication and drowsiness are some of the leading causes of accidents. Distracted driving, drunk driving, and driving while exhausted can increase reaction time and impair judgment. Both create a higher risk of injuries.
A well-practiced legal professional in Lowell could work to get the most compensation possible for an injured pedestrian.
Understanding Pedestrian Laws and Rules
The state of Indiana has the same basic protections for pedestrians that exist in most states. At the top of the priority list, pedestrians have to obey police officers and traffic control devices. When there are no police officers or traffic control devices, then pedestrians and drivers should follow the general rules for right-of-way to avoid an accident in Lowell.
Pedestrians have the right-of-way in intersections and marked crosswalks. The law prohibits vehicles from overtaking other vehicles at a crosswalk to ensure those protections. Pedestrians should walk on sidewalks or the shoulder when there is no sidewalk available. When walking on the shoulder, pedestrians must yield to vehicle traffic. Jaywalking—crossing somewhere other than an intersection or marked crosswalk—is an infraction punishable by a fine. However, jaywalking rules do not apply universally. They are most likely to apply in business districts.
Enlist the Help of a Lowell Pedestrian Accident Attorney Today
Pedestrian accidents can lead to overwhelming physical injuries, time away from work, and lifelong physical harm. These injuries can impact your ability to support yourself and how you interact with your family.
You may be entitled to damages for all of your tangible and intangible damages. A Lowell pedestrian accident lawyer from The Law Offices of David W. Holub could help you explore your rights and remedies to get you the compensation you deserve. Schedule a consultation to discuss your legal options today.