Contact a Columbus pedestrian accident lawyer at Babin Law if you've been injured. We've won millions for previous clients, and you may be entitled to compensation. Free consultation with no upfront costs.
The physical, emotional, and financial toll of pedestrian-automobile accidents is enormous, and those lucky enough to survive have to go through a lot, which is why many pursue compensation for their losses. The Babin Law firm stands with victims and assists clients with getting justice and compensation.
The biggest factor in pedestrian accidents is the sheer disparity between the parties involved. On one hand, you’ve got an unshielded pedestrian, and on the other, there is a vehicle packing enormous momentum. In short, the pedestrian is at a disadvantage in an accident involving a vehicle.
The death toll in pedestrian accidents is staggering enough to make it a serious issue for anyone, and if someone does survive the impact, there is a huge ordeal waiting for them at the other end, i.e. medical expenses, therapy, financial drains, emotional issues, and of course, the physical toll of the event.
You’d be well in your rights to feel enraged at the negligence of the liable party, who could have, with a little compassion and attentiveness, avoided such a tragedy. Severe injuries caused by such events can have life-long, or at the very least, long-term effects on the victim.
Hours and hours of strict medical attention, therapy (both physical and mental), extra care at home, and a huge pile of money will go helping you return to your normal life.
Seeking financial compensation in this matter is not only your legal right but also an economic requirement to face what lies ahead, and professional pedestrian accident lawyers from Babin Law firm may be able to help you do just that.
Causes Of Pedestrian Accidents
There can be numerous causes for pedestrian accidents, the only common denominator in all cases is that one party acts neglectfully and that causes the incident. Most automobile crashes result from a mere split-second of distraction, the causes involve:
- Distracted driving
- Drunk driving (driving under influence)
- Failing to give the right of way to the pedestrians (they always have the right of way)
- Lack of visibility due to fog
- Slippery roads due to rain
- Failing to notice a pedestrian at a turn at an intersection
- Violating a traffic light
- Backing out of a parkway and hitting someone by accident
Of course, these are merely a couple of the reasons and the actual story is much more complicated than this. Drivers owe it to the general public to be careful on the road because a pedestrian also has just as much right on the roadways of the country.
Distracted driving is a major cause of accidents in this regard, and it can play out in any number of ways, i.e. texting while driving, chatting with passengers, attending a phone call, engaging with your kids, etc.
But at the same time, it is important to assert that it is not always the driver who is responsible in such scenarios. Time and again, cases have shown pedestrians to be the negligent ones in such accidents, and the causes are more or less the same on this end too: distractions, drowsiness, being drunk, and so on.
Both parties must thus be careful to avoid such situations.
Injuries & Damages Inflicted Upon Pedestrians In Crashes
Before we go on explaining your legal options in such cases, it is important to understand the extent of the damage first. Of course, as with all other cases of personal injury, this one too involves both economic and non-economic damages.
But the foremost concern of the victim is the physical trauma associated with the crash, and this can take many forms, some common injuries include:
- Head injury/traumatic brain injury
- Spinal cord injury
- Fractures and broken bones
- Muscle injuries
- Soft organ injuries
- Internal organ damage
- Road rash
And the list goes on…
These particular traumas can be nominal, requiring only a little treatment, or they may be severe in which case the medical costs are going to set you back a lot. The nature of the damage is also important here because your settlement sum will be dictated by whether your injuries are permanent or not. Permanent injuries and catastrophic injuries demand maximum compensation since the losses are also maximum.
Apart from the physical pain and suffering that many such injuries bring (non-economic damages), there is a financial aspect to all of this as well. This includes the medical bills associated with your injuries, lost wages, loss of earning potential, any property damage (i.e. if your laptop was smashed in the accident), extra expenses necessitated by the accident, and so on.
In short, you’ll have to do some calculations, or at least keep track of your losses to help your lawyer or team of legal professionals understand the full extent of the damage before you demand your compensation.
Don’t Rush For A Settlement, Patience Is Key
The insurance adjuster from the liable party’s side will try to get you to settle early on, given that you have a clear chance of victory in a potential personal injury lawsuit, but any experienced personal injury attorney would caution you here. You should not delay matters unnecessarily, but there is nothing good to be gained from rushing things either.
Wait a bit and see how things are for you, financially, especially if your condition is severe and requires long-term medical care.
Personal injury cases such as pedestrian-car accidents can cause serious bodily harm to anyone, be they the person who is the victim or the person or persons who cause the incident. The injuries need to be both diagnosed and treated because it is very much possible that the victim may have suffered a completely different kind of trauma than what they anticipated in the beginning.
The doctor will not only be able to better explain the extent of damage caused by the accident but their reports will be vital for you in securing a fair payout for all that you had to go through. Usually, it is a good practice to not delay seeing your doctor, and instead, paying them a visit within 72 hours of the accident.
Of course, in other cases, this window may be much smaller, i.e. the victim may have to be rushed to the hospital (in extreme cases).
Whatever the case, the time and extent of recovery will determine the chunk of time lost to this segment of the process. Sometimes, a single treatment may be enough to set the wounds straight, however, in other cases, prolonged periods of physical therapy may be needed to make things better, and even then, perhaps only partially.
Some injuries can also have a lifelong impact on an individual and thus may require lifelong treatment to keep things running normally for the patient.
Not making haste to see a doctor after an accident can be disastrous for your accident because the insurance adjuster will simply assume that your sufferings were not serious enough for you to seek immediate medical care.
In short, only when you’ve been diagnosed properly and understand the extent of damage, should you demand financial compensation.
What Does It Mean To Secure A Fair Compensation?
For a pedestrian accident victim who was wronged due to someone else’s negligence, fair compensation should cover all aspects of their losses to the fullest.
Settlements (in the event you, as the plaintiff, wish to settle matters outside of the court rather than pursuing a lawsuit, which is how most of such cases are resolved) from the negligent drivers/insurance companies, in this regard, should account for:
- Your medical bills, both short term and long term
- Lost wages and loss of earning potential, even if temporary or partial
- Extra expenses like hiring a nurse for yourself, a nanny for the kids, etc.
- Property damage if some of your possessions were also damaged by the accident
- Physical pain caused by the accident
- The emotional toll of your injuries, i.e. if you were mentally traumatized
- Compensation for compromising the quality of your life, for permanent injuries
For wrongful death, the survivors of the victim can file for financial compensation and demand reimbursement for funeral costs, loss of earning for the house, loss of inheritance assets (those that the deceased was yet to earn), emotional trauma, and so on.
Contact The Babin Law Firm Today In Columbus, Ohio
If you have been involved in an accident, reaching out to the legal team of professional pedestrian accident attorneys at the Babin personal injury law firm can help provide you with guidance and understanding of your legal option. Contact the firm today for a case review.
If we're able to assist, we will see to it that you are fairly compensated, will guide you honestly through the whole process keeping in mind only your best interests, and will only ask for our attorney fees when you’ve won your settlement. Our team of lawyers is both highly experienced and deeply compassionate to the sufferings of victims, and we will go to every extent to get the parties responsible to pay up.
Plus, the initial consultation is free, so call us today to get started with your case!