Pedestrian accidents can result in devastating consequences, particularly when caused by distracted driving. Whether it's talking on the phone or adjusting your car stereo, the result of distracted driving includes severe injuries or fatalities.
You may be entitled to compensation if injured in a pedestrian accident caused by distracted driving. You can file a personal injury claim or lawsuit for compensation for your injury-related losses.
If you are unsure how to initiate legal action against the at-fault party, you should speak with a legal professional. A pedestrian accident lawyer can explain your rights and represent you in court as you sue the negligent party.
Can you sue for pedestrian accidents caused by distracted driving?
Yes, you can sue if you were hit by a distracted driver. These cases may involve:
- Low settlement offers that don’t cover your losses
- Denied insurance claims or disputed liability
- At-fault drivers with no or low insurance coverage
A pedestrian accident lawyer can prove the driver’s negligence, gather evidence like medical records and police reports, and help you recover compensation for medical bills, pain and suffering, and more.
Can You Sue for Pedestrian Accidents Caused by Distracted Driving?
Yes, you can sue after a pedestrian accident caused by distracted driving. When it comes to pedestrian accidents caused by distracted driving, there are several instances where you may consider pursuing legal action against the responsible party.
Here are three scenarios that may warrant taking legal action:
- Low Settlement Offer: If you receive a low settlement offer from the insurance company representing the at-fault driver, it may not fully cover your medical expenses, lost income, and other damages. You can file a personal injury lawsuit to obtain a higher settlement value that matches your losses.
- Rejected Claim: If your compensation claim is wrongfully denied by the insurance company or the at-fault driver disputes liability, a lawsuit can protect your rights. A pedestrian accident attorney can review your case, gather evidence, and advocate to ensure you receive the compensation you deserve for your injuries and losses.
- Low or No Insurance Coverage: In situations where the at-fault driver has low or no insurance coverage, recovering compensation for your injuries can be challenging. An experienced pedestrian accident lawyer can explore alternative options, such as filing a lawsuit against the driver's assets or seeking compensation from your own uninsured/underinsured motorist coverage.
A pedestrian accident lawyer with courtroom experience can sue the at-fault party and fight for a maximum settlement value for your losses.
Compensation for Pedestrian Accidents Caused By Distracted Driving
You can file a personal injury claim or lawsuit to obtain compensation for your injury-related losses.
Some of the damages you can pursue in a distracted driving accident include:
Medical Expenses
You can pursue compensation for various medical expenses after a pedestrian accident caused by distracted driving. These may include ambulance fees, hospital bills, surgeries, doctor visits, physical therapy, prescription medication, and special medical equipment.
You should document all your medical expenses carefully to ensure you receive fair compensation for your injuries.
In addition to immediate medical expenses, you may incur future medical costs related to ongoing treatment and rehabilitation. An experienced pedestrian accident lawyer can calculate the full extent of your current and future medical expenses, ensuring you receive adequate compensation for these losses.
Lost Income
Lost income is a substantial loss incurred by victims of pedestrian accidents caused by distracted driving. When you cannot work due to injuries sustained in the accident, you may be entitled to compensation for your lost income.
Proving these damages requires documentation such as pay stubs, tax returns, and statements from your employer confirming your inability to work.
A pedestrian accident attorney can support you in proving these expenses, as it not only includes the earnings you have already missed but also considers potential future earnings that may be affected by your injuries.
Out-of-Pocket Expenses
The financial burden can quickly become overwhelming when you're involved in a pedestrian accident caused by distracted driving. In addition to medical bills and lost income, you may incur various out-of-pocket expenses.
These include:
- Transportation costs for medical appointments
- Medical equipment and supplies like crutches and wheelchairs
- Home or vehicle modifications to accommodate injury-related disability
- Payment for professional caregivers
- Cost for treatment not covered by insurance, including copays and deductibles
A pedestrian accident lawyer can support these expenses with documentation to build a strong claim against the at-fault party.
Pain and Suffering
After a pedestrian accident caused by distracted driving, the emotional and physical toll can be immense. Pain and suffering damages aim to compensate you for the trauma, anguish, and distress you have endured.
These damages go beyond medical bills or lost income, acknowledging the lasting impact on your quality of life. A pedestrian accident lawyer can establish the value of pain and suffering, ensuring you receive fair compensation for your losses.
Emotional distress, physical pain, and the disruption of daily activities are all valid reasons to pursue pain and suffering. Whether it's anxiety, depression, or chronic pain, these invisible injuries are just as real and deserving of compensation as visible physical injuries.
Emotional Anguish
Emotional anguish refers to the intense psychological suffering experienced after a traumatic event, such as a pedestrian accident caused by distracted driving. The events leading up to the crash may be traumatic, triggering a range of emotions, including fear, anxiety, anger, and sadness.
These overwhelming feelings can significantly impact a victim's mental well-being and quality of life. The aftermath of a pedestrian accident, such as dealing with physical injuries, permanent disability, and the uncertainty of recovery, can further exacerbate emotional anguish.
A skilled pedestrian accident attorney can use medical records to prove your emotional anguish and pursue compensation for these losses.
Loss of Companionship
Loss of companionship refers to the emotional suffering and loneliness that can follow when a loved one suffers an injury or killed in a pedestrian accident caused by distracted driving. This loss of support or care is immeasurable, impacting the quality of life and emotional well-being.
Compensation for loss of companionship recognizes the profound impact on relationships and the void left by the absence of a loved one due to someone else's negligence.
A pedestrian accident lawyer can prove the losses associated with the loss of a loved one and pursue compensation on your behalf.
Loss of Enjoyment of Life
After a pedestrian accident caused by distracted driving, you may experience a significant impact on your quality of life. Loss of enjoyment of life refers to the intangible losses you may suffer, such as the inability to engage in activities you once loved.
If you suffered a spinal cord injury, you may no longer participate in ice hockey, your favorite sport. Being unable to participate in hobbies, spend time with loved ones, or simply enjoy everyday activities can worsen your mental and emotional well-being.
A skilled pedestrian accident attorney understands the importance of adequately valuing these losses and can work to negotiate a settlement that reflects the impact the accident has had on your life.
Permanent Disability
A pedestrian accident can cause severe injury, leading to permanent disability. A person left permanently disabled or disfigured not only endures physical pain but also faces emotional distress and financial burdens.
Someone with permanent disability or disfigurement deserves compensation to cover medical expenses, ongoing care, loss of income, and the pain and suffering endured due to the negligence of others.
The impact of a permanent disability extends far beyond physical limitations, affecting one's ability to work, participate in daily activities, and maintain a quality of life. A pedestrian accident attorney can prove the present and future impact of permanent disability and pursue compensation for these losses.
Punitive Damages
Punitive damages may come into play in pedestrian accidents caused by distracted driving. A judge or jury may award you punitive damages if the reckless actions of the at-fault party contributed to the accident.
As the name suggests, punitive damages punish defendants for their negligent actions. They also apply to deter the defendant and others from engaging in similar actions that contributed to the injury or losses.
A pedestrian accident lawyer can demonstrate the nature of the crash so you receive all types of damages, including punitive damages.
What to Do After a Pedestrian Accident Caused By Distracted Driving
Your actions after a pedestrian accident can enhance your wellness and protect your rights as an injured victim.
Here's what you can do after a pedestrian accident:
Seek Immediate Medical Attention
Seek immediate medical attention even if you feel alright after the crash. Some injuries may not immediately present symptoms. A comprehensive analysis by a healthcare provider will reveal any hidden injuries.
In addition to initiating a treatment plan, a healthcare provider will document the injury and treatment plan. The treatment process will generate a doctor's note, prescription notes, diagnostic records, and medical bills.
A pedestrian accident attorney can use medical records to prove the extent of your injury and enhance the outcome during negotiations.
Moreover, delaying medical attention can worsen your health and impede your ability to seek compensation for damages. Insurance companies often look for any reason to devalue or deny claims; a delay can work against you.
By promptly seeing a medical professional, you create a clear link between the accident and your injuries, making it harder for the opposing party to dispute the severity of your injuries.
File a Police Accident Report
When injured in a pedestrian accident caused by distracted driving, you should file a police accident report. A law enforcement officer will document the incident's details, including the parties involved, the location, and any witnesses present.
By filing a police report, you create an official record of the accident, which can be invaluable in proving liability and seeking compensation for your injuries and damages.
A pedestrian accident attorney can use the police crash report as a foundation for any legal action you may take against the distracted driver. The report can establish a timeline of events, identify traffic violations, and establish the liable party.
You should contact law enforcement immediately after the accident occurs or as soon as possible. Waiting too long to file a report can weaken your case or hurt your chances of receiving fair compensation.
Consult a Trusted Pedestrian Accident Lawyer
Although many injured victims receive compensation from the insurer of the at-fault party, some cope without financial support. Working with a pedestrian accident attorney enhances your chances of a positive outcome in a personal injury lawsuit.
Here's how a pedestrian accident lawyer will improve the outlook of your case:
- Investigating the Pedestrian Accident: A skilled pedestrian accident attorney will conduct a thorough investigation to establish the cause and the circumstances surrounding the accident. They will gather evidence, interview witnesses, and evaluate the extent of your damages to build a strong case on your behalf.
- Negotiating With Insurance Providers: Dealing with insurance companies can be daunting, especially when they try to minimize your compensation. An experienced pedestrian accident lawyer will skillfully negotiate with insurance providers to ensure you receive fair and adequate compensation for your injuries and losses.
- Representing You in Court: A pedestrian accident attorney can litigate your case if you can't reach a fair settlement through negotiations. They will advocate for your rights, present compelling evidence, and fight relentlessly to secure the best possible outcome for your case.
- Works on a Contingency-based Fee: Most pedestrian accident attorneys work on a contingency basis, meaning you only pay legal fees if they successfully recover your compensation. The contingency fee structure allows you to pursue your claim without worrying about upfront costs, making quality legal representation accessible to everyone.
- Peace of Mind: You may be overwhelmed by the physical injury and the emotional anguish after being injured in a pedestrian accident. A pedestrian accident lawyer can handle the legal aspects of your case, allowing you to focus on recovery.
Take Legal Action After a Distracted Driving Pedestrian Accident
You're likely to endure different losses after being injured in a pedestrian accident caused by someone else's negligence. The medical expenses can disrupt your finances, affecting your ability to provide for your family.
The psychological impact of the injury may trigger social phobia, affecting your quality of life.
The at-fault party's insurer may frustrate your quest for compensation by making a low settlement offer that doesn't cover your losses. A pedestrian accident lawyer can negotiate with insurers, represent you in court, and work hard to maximize your settlement value.
Get in touch with a pedestrian accident attorney for legal support.
