- Pedestrian Claims: Seeking Justice for Injuries Outside of the Vehicle
When most people think of car accidents, the first image that comes to mind is usually one of the drivers involved in the crash. However, it’s important to remember that car accidents can also involve passengers and pedestrians, both of whom may suffer significant injuries. If you are a passenger or pedestrian injured in a car accident, you have legal rights to pursue compensation, but the process can be a bit different from that of the driver.
At 770GOODLAW, we understand the unique challenges that passengers and pedestrians face when seeking justice after a car accident. Here, we break down how you can pursue claims for injuries if you’re not behind the wheel.
Passenger Claims: How Non-Drivers Can Seek Compensation
Passengers, by definition, are not responsible for operating the vehicle, which can make their cases more straightforward in some respects. However, the claim process can still be complex due to various factors, including insurance policies, fault determination, and dealing with multiple drivers.
Who is Liable for a Passenger’s Injuries?
In the case of a car accident, determining who is at fault is key to a passenger’s claim. A passenger can file a claim against the at-fault driver, regardless of whether the driver is a stranger, a friend, or even a family member. If the accident was caused by the negligence or recklessness of one of the drivers, the passenger is entitled to compensation for medical bills, lost wages, pain and suffering, and other damages.
If the driver of the vehicle you were in caused the accident, it can be more complicated, but you still have options. You can pursue compensation through the driver’s auto insurance policy, or, in some cases, you may need to file a claim against the other driver involved in the accident if they were at fault.
How Can a Passenger Prove Their Case?
To pursue a claim, passengers need to provide evidence supporting their injury and the driver’s fault. This can include:
- Witness statements: Eyewitnesses can testify about the circumstances of the accident.
- Police reports: Official documentation that provides details about the crash and assigns fault.
- Medical records: Documentation of the injuries sustained in the crash, including doctor’s visits and treatment plans.
- Accident reconstruction: Expert testimony to help prove how the accident occurred and who is at fault.
Pedestrian Claims: Seeking Justice for Injuries Outside of the Vehicle
Pedestrians, too, have legal rights when they’re injured in a car accident. Unlike passengers, pedestrians are not part of the vehicle and are more vulnerable to serious injury in an accident. Pedestrian accidents can happen in crosswalks, on sidewalks, or while walking on the road, often due to a driver’s failure to stop for traffic signals, distracted driving, or reckless driving.
Liability in Pedestrian Accidents
Pedestrians who are injured in a car accident can typically file a claim against the driver who caused the accident. In many cases, the driver may have been speeding, failing to yield at a crosswalk, or driving distracted. Pedestrian accidents are generally treated seriously by the courts, as drivers are expected to exercise extra caution when near pedestrians.
However, it is crucial to note that pedestrians can also be found partially at fault in some cases (for instance, if they were jaywalking or crossing outside of a crosswalk). In such instances, the injured pedestrian may still pursue a claim, but the amount of compensation they are entitled to could be reduced based on their percentage of fault.
How Pedestrians Can Prove Their Case
Much like passengers, pedestrians must provide evidence that supports their case. Common evidence includes:
- Witness accounts: Statements from bystanders or other pedestrians who saw the accident.
- Traffic camera footage: If available, footage from nearby traffic cameras can provide visual proof of the accident.
- Police reports: Official documentation that records the accident details and the officer’s assessment of fault.
- Medical records: These are essential in showing the extent of the pedestrian’s injuries and the treatments required.
Challenges Faced by Passengers and Pedestrians in Car Accident Claims
While the law allows passengers and pedestrians to pursue compensation, the process can be challenging due to several factors:
- Determining Fault: In some cases, it can be difficult to establish who is at fault, especially in multi-car accidents or where there are conflicting accounts of the incident.
- Insurance Issues: Insurance companies may attempt to reduce their liability by disputing fault or downplaying the severity of injuries sustained. Passengers may also face complications if the driver they were riding with was at fault.
- Partial Fault: If a pedestrian or passenger is found partially at fault for the car accident, their potential compensation may be reduced. Understanding how comparative fault laws work in your state is crucial in ensuring you receive fair compensation.
- Long-Term Injuries: Both pedestrians and passengers may suffer injuries that are not immediately visible, such as internal injuries or psychological trauma. These injuries require thorough documentation to ensure adequate compensation.
Why You Need an Experienced Car Accident Lawyer
Navigating the claims process can be overwhelming, especially when you’re dealing with serious injuries. An experienced car accident lawyer, like those at 770GOODLAW, can help you navigate the legal complexities, gather the necessary evidence, and negotiate with insurance companies to ensure you get the compensation you deserve.
Whether you were a passenger in a vehicle, or a pedestrian injured in a car accident, you don’t have to face the legal battle alone. Contact 770GOODLAW today for a consultation and let us fight for your rights.
Get the Help You Deserve – Contact 770GOODLAW Today
If you’re a passenger or pedestrian who’s been injured in a car accident, don’t wait to get the compensation you’re entitled to. 770GOODLAW specializes in handling personal injury cases for non-drivers, and we’re ready to help you navigate your legal options. Call us now at 770-466-3529 or check out our website to schedule a free consultation. Let us put our experience to work for you!
