In 2021, The National Center for Health Statistics (NCHS) estimated that 8,984 people died in pedestrian accidents.
If you’re the victim in a pedestrian accident case, you know how traumatizing it can be. The road to recovery can be long, and your worries are further compounded by the financial burden of your ongoing care.
A pedestrian accident lawsuit can help you get the support you need during this difficult time. You can receive compensation to cover healthcare, emotional trauma, and loss of earnings.
In this article, we’ll explain how to file pedestrian accident lawsuits. Read on to learn more.
Pedestrian Accident Injury – What Now?
If you or someone you love has been involved in a pedestrian accident, it’s often hard to make sense of the situation. Emotions run high, and the victim’s immediate condition and care are of utmost importance.
At the same time, it’s very important to consider the long-term implications as soon as possible. Exploring your legal options early gives you a better chance to build an airtight lawsuit and win the justice and compensation you deserve.
Immediately following the incident, keep a detailed log including all medical appointments, conversations with law enforcement, and any other relevant information. These materials will help your lawyer build a strong case and prove your right as the victim.
Determining Fault in a Pedestrian Accident
Before launching a pedestrian accident injury lawsuit, you need to determine who was at fault. This will form the basis of your claim. To win, your team needs to explain, without question, who caused the accident and how.
Many different factors can cause pedestrian accidents. In some cases, the driver of the car is clearly at fault. This could be due to speeding, DWI, or distracted driving. In these cases, a personal injury lawyer can easily build a case against the party at fault.
In other instances, the pedestrian is at fault. Perhaps they weren’t using a designated crossing, or they crossed against the light.
In an accident involving a pedestrian, assigning blame can be a challenge. If you are injured in a pedestrian accident, you should consult with an expert lawyer who can investigate and determine the cause of the accident.
How to File A Pedestrian Accident Lawsuit
The pedestrian accident lawsuit filing process may seem daunting, especially while trying to cope with the aftermath of the incident. However, it’s more straightforward than you might think.
Above all, make sure you gather and hang onto all the relevant pedestrian accident lawsuit documents. Keep everything related to the case, even things that don’t seem important at the time.
The more material you can provide your legal team, the better chance they have of building a strong case. Take special care in collecting and filling things like police reports, medical records, and eyewitness statements.
Once you have a gathered all your pedestrian accident lawsuit documents, it’s time to contact a personal injury lawyer. During your initial consultation, they will use these documents to get an overview of your case and discuss the best course of action based on the evidence you provide.
From there, they will begin to build a comprehensive case that proves your victimhood and wins your justice.
Finding a Personal Injury Lawyer
As we’ve discussed, finding the best car accident lawyer is an important part of any pedestrian accident case. But with so many practicing attorneys to choose from, it can be difficult.
But, with a little screening, you can separate the best from the rest. Follow these tips to find the representation you can rely on:
Get a Referal
Personal referrals are one of the best ways to find a lawyer for your personal injury case. Look to your friends and family – the chances are that at least one of them will have hired a personal injury lawyer before.
Ask them about their experience. They’ll be able to tell you what they liked about the service, what could have been done better, and answer any specific questions you may have.
If possible, try to get a referral from somebody who had a similar case to you. They’ll have the best insight into appropriate local lawyers.
Check Out Reviews and Testimonials
If you can’t find anybody to give you a reference, don’t worry. Online review services are another great way to find the right attorney.
Check sites like Google Reviews to find hundreds of impartial reviews from previous clients, as well as an overall star rating. This tool is an excellent way to create a shortlist without talking to every lawyer in town.
Look For Credentials
Whether you get a referral or not, it’s always a good idea to check out your personal injury lawyer’s credentials. That way, you ensure that they’re practicing to the high standards required by the American Bar Association.
You can use the ABA website to view your lawyer’s current licensing status, public records, and other useful information. This helps you find a lawyer with a good track record and standing in the legal field.
Ask About Experience
When you hire a lawyer for your personal injury case, you want an experienced specialist. Look for an attorney who’s well-versed in personal injury and pedestrian accident law. They may be able to spot things that less experienced lawyers would miss.
Pedestrian accident cases can be complicated. Thus, you need a lawyer who’s ready for any situation. With years of practice behind them, pedestrian accident specialists are ready and equipped to fight the defense team and win your justice.
When you go for your initial consultation, you’ll discuss the specifics of your case. The attorney should be able to reference other, similar situations they’ve dealt with, and explain how that precedent pertains to your lawsuit.
Ask About Strategy
A clear and effective method is the key to any successful compensation claim or lawsuit. When hiring a lawyer for your personal injury lawsuit, look for someone who can show you a strong legal strategy from the go.
You need to feel comfortable communicating with your lawyer. If they can’t explain the plan in an understandable way, it could be better to look elsewhere. The best personal injury lawyers are patient, open, and communicative, so don’t be afraid to ask questions during your consultation.
What To Expect During a Pedestrian Accident Lawsuit
Now that you’ve found a suitable lawyer, you can begin to think about your case. Here, we’ve broken the process down into a few manageable steps:
1. Settle or Pursue
In most Texas vehicle accident cases, the injured victim and the at-fault party’s insurance company come to a settlement agreement. However, if your case cannot be resolved, it may go to trial in Dallas County.
Ultimately, it’s your decision whether you accept a settlement or go to trial. Your legal representative is there to advise you on the best decision.
2. Filling a Lawsuit and Building a Case
If you decide to take your case to court, you’ll need an experienced personal injury attorney to fight your corner.
From the day you first meet, your lawyer will outline the case, build a strategy, and gather the evidence they need to represent you. The legal process following a pedestrian accident can be complex, and you need a qualified party to put forward your case.
3. Going to Trial
Some cases cannot be resolved with a settlement. In such cases, both sides will present their arguments in front of a judge and jury during a personal injury trial. The jury will then determine whether the injured person or plaintiff satisfied their burden of proof against the defendant.
Your personal injury attorney will use the evidence you provide them to build a case against the defendant and advocate for you when you need it most. Your portfolio of evidence, combined with their legal expertise, should prove the offending party’s liability and win the crucial funds you need.
Don’t Stand Alone
Understandably, you feel overwhelmed in the aftermath of your accident. The last thing you and your family want to be thinking about is a looming legal battle. That’s why it’s so important to get professional help.
Accident lawyers help countless Americans file pedestrian accident lawsuits each year – if you’ve been affected, reach out now. These trained professionals can help you make sense of the situation and get the right outcome.
Don’t stand alone in the face of a pedestrian accident case. You deserve justice, and it’s only a phone call or email away.
Explained: How to File Pedestrian Accident Lawsuits
A pedestrian accident has far-reaching consequences for everyone involved. As the victim, you’re entitled to support and compensation from the party at fault.
While this may seem like a given right, you may have to fight for your justice. By following this guide and hiring a quality lawyer, you have the best chance possible for a favorable outcome.
Did this article help explain how to file pedestrian accident lawsuits? If yes, check out the rest of our blog for a wide range of tips, topics, and discussions.