It goes without even saying that getting hit by an auto can be a disturbing experience. In the chaotic consequences that follow any accident, a lawsuit may be the farthest thing from your own mind. But if an accident occurred due to someone else’s carelessness, and you have suffered injuries, then you will want to keep your legal options always open. In this post, we offer an overview of a lawsuit brought by the pedestrians against drivers.
The fault for Pedestrians Accidents
Fault – who will be blamed for the auto accident — is the very first thing that any pedestrian should reflect on when determining whether to file the lawsuit after being hit by any vehicle.
Was the driver in speed? Did that driver run a red light in front of you? Was the driver drunk? Did the pedestrian stroll out in traffic while texting? Would either person have tried and avoided the auto accident?
In most of the states, a pedestrian-only can recover in the lawsuit against the driver when accident was partially that driver’s fault. If that pedestrian wandered out literally into the traffic while messaging and there wasn’t anything that the driver would do to avoid the contact, it’s unlikely that pedestrian would be quite successful in the lawsuit.
Damages in Pedestrian Accident Cases
In personal injury lawsuits, damages are actually meant to compensate injured people for all the harm which was suffered. Certainly, it is hard to equate your money with the injuries. But that’s how the whole system runs.
There are many categories of damages, like:
- medical expenses (future and past)
- lost wages (future and past)
- pains and sufferings
- loss of enjoyment in life.
The simpler categories of injury and damages are lost wages and medical expenses. All the medical expenses that pedestrian paid due to the accident can generally be reimbursed as a part of damages in a lawsuit. In addition, if the pedestrian has missed work — whether because of the injuries or to get treatment for their injuries — the driver is on the hook usually for lost incomes.
Both the other categories are a little trickier. How can you calculate the total value of pains and sufferings? That is up to the jury. To give a very rough guide, if the pedestrian suffers a few scrapes and bruises back for about one week, pains and sufferings may be worth lesser than a thousand dollar. If the pedestrian has a broken hip, broken collar bone, or a severe concussion that leaves that pedestrian with a permanent severe headache or permanent severe pains in shoulder and neck area, then pain and sufferings may be equal to hundreds of thousands.
Auto Accident Attorney and Pedestrian Accident Case
“Do I need an auto accident attorney?” This question comes up often in the auto accident and injury cases. The best answer is that it’s possible for any pedestrian to deal with a claim without any lawyer, particularly if there are minor injuries only and the fault isn’t in dispute. In other cases, it may be very difficult to go all the way on your own in such cases.
Most attorneys offer a free initial consultation, and in the injury cases, you won’t be likely charged upfront. This is for the reason that most of the auto accident attorneys and law firms make use of contingency fee arrangement. The auto accident attorney agrees to deal with the case from beginning to finish in turn for injured person’s contract that if the attorney gets a recovery, the attorney will get a percentage for the recovery (generally one-third or 33 percent).