We believe that walking in a crosswalk will keep us safe. However, pedestrians are vulnerable to accidents on the road, especially when crossing busy intersections. Unfortunately, pedestrian crosswalk accidents happen more often than we would like to think, and they can result in serious injuries or even death.
Any accident can be overwhelming and leave you feeling confused about the claims process, but you don’t have to do it by yourself. A personal injury lawyer can help.
Triumph Law has recovered substantial compensation on behalf of hundreds of injury victims, and we may be able to help you to maximize your claim.
Did the Crosswalk Itself Play a Part in Your Accident?
Crosswalk location and design can affect driver visibility and pedestrian safety. Poorly designed or located crosswalks create blind spots for drivers potentially leading to devastating accidents.
In addition, these areas can have slippery or uneven surfaces, posing a tremendous risk for walkers as they navigate an already dangerous situation. Designers are under an obligation to ensure that these pathways are adequately safe.
Sometimes a problem with a crosswalk may not be immediately apparent. If construction or poor engineering took place that resulted in an unsafe crossing being built, the entities responsible can be held accountable with help from a pedestrian crosswalk accident lawyer.
What Will a Personal Injury Lawyer Cost for a Pedestrian Vs. Car Accident Case?
Triumph Law accepts pedestrian crosswalk accident cases on a “no win, no fee” basis. This means there is no initial cost to you. We don’t get paid unless we successfully resolve your case, either through negotiation or a court award.
We will not charge you any fees until we are successful in obtaining compensation for your injury. The pursuit of justice for your injuries is, after all, our top priority. No one would ever require our services in an ideal world.
The fact that our clients often come to us after experiencing serious injuries and permanent disabilities is not something we take pleasure in. However, our team is here for you if you’ve been struck in a crosswalk and are fighting for compensation.
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Proving Negligence in a Pedestrian Crosswalk Accident
When a car strikes a pedestrian, the driver is usually at least partly responsible for the victim’s damages. However, under recently revised Florida law, they must be at least 51% at fault in order for you to be able to collect damages.
To prove a driver was at fault in an accident when you were a pedestrian, you would need to provide evidence of the following.
The Driver Owed You a Duty of Care
Anybody behind the wheel has a responsibility, called a duty of care, to ensure your safety by adhering to traffic laws and regulations. For instance, they need to follow the rules of the road and slow down if there is a pedestrian in the area.
The Duty Was Not Fulfilled by the Driver
For example, you may have a case against a careless driver if they were speeding or didn’t stop for a pedestrian in a crossing.
Your Injuries Resulted from the Driver’s Failure to Exercise Reasonable Care
You’ll need to prove that your injuries happened because of the accident and not some other cause. This is usually straightforward in a car vs. pedestrian accident, however, the opposing party can try to argue that certain injuries were previously existing.
You’ve Been Hurt Physically and Financially as a Result
You will have to show that you suffered real, tangible losses as a result of the accident, such as the medical bills from your injuries.
A pedestrian crosswalk accident lawyer will understand how to prove your claims using these elements of negligence and can work to ensure that you are protected from any allegations of fault.
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Avoiding Expensive Errors After a Pedestrian Accident
Here are some tips to help you know what to do after you’ve been hit by a car in a pedestrian crosswalk.
Seek Immediate Medical Attention
Get yourself checked out right away if you haven’t already. Be sure there isn’t a problem that could worsen if left untreated. The easiest approach to prevent having to pay for injuries or future medical concerns after a pedestrian accident is to get medical attention right away.
Photograph the Scene
If you can’t photograph the situation personally, have someone else do it. A colleague, family member, or lawyer are all possible candidates to call after an accident. This aids in keeping the scene’s visual evidence safe before it’s removed.
Be Cautious on Social Media
Don’t share any details or photographs on social media, no matter how tempting it might seem. Don’t mention the accident, you, your treatment, or your recovery in any social media posts. Social media can be used against you in court if the other side interprets it in a way that calls into question the seriousness of your injuries.
Be Brief and Courteous with the Insurance Company
It’s important to remember that anything you say to the insurance adjuster can be used to deny your claim. Don’t agree to any recorded statements or settlements without first consulting with an attorney about your crosswalk accident.
Let an Attorney Handle the Negotiations
Avoid taking any unnecessary risks by handling the negotiation on your own. It’s possible that you don’t have a complete picture of what led up to the accident or who else might be at fault.
The party at fault could be the maker of a defective auto part, the company the driver is employed by, the municipality responsible for maintaining the roadway, or even another insurance provider.
Don’t be shy about consulting an attorney. Get the help of a pedestrian crossing accident lawyer to increase your chances of receiving full compensation for your losses.
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Get in Touch With a Lawyer About Your Pedestrian Crosswalk Accident Today
In the wake of a pedestrian accident, your life may be turned upside down, but there may be a way to lessen your financial load. However, time is of the essence in order to preserve any evidence that might be used to your advantage.
If you were struck by a car while walking in a crosswalk or anywhere else, Triumph Law has the resources and expertise to investigate your claim, locate the evidence, and fight for your right to financial restitution.
We are prepared to lend a hand. Learn more about what our lawyers can do for you by contacting us today for a free consultation.
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