Pedestrian Accident Lawyer Near Me: Get Legal Help After a Crash

Pedestrian Accident Lawyer Near Me: Being hit by a car while walking can be a terrifying and life-altering experience. Not only do you have to deal with physical injuries, but you also face the daunting task of navigating the legal system.

Finding the right legal representation is crucial, and a pedestrian accident lawyer can be your advocate, ensuring your rights are protected and you receive the compensation you deserve.

A pedestrian accident lawyer specializes in representing individuals who have been injured in accidents involving vehicles. They understand the complex laws and regulations surrounding pedestrian accidents, and they have the experience and expertise to build strong cases on your behalf.

From negotiating with insurance companies to filing lawsuits, a lawyer can handle all aspects of your case, allowing you to focus on your recovery.

3. Legal Rights and Options for Pedestrians in Accidents

Being involved in a pedestrian accident can be a traumatic experience. You may be injured, facing medical bills, and dealing with the stress of navigating the legal system. It’s crucial to understand your legal rights and options to ensure you receive the compensation and support you deserve.

This section will guide you through the legal aspects of pedestrian accidents, covering your rights, potential claims, and the steps involved in seeking compensation.

3.1. Pedestrian Rights in Accidents

Pedestrians have specific rights in traffic accidents, designed to protect their safety and ensure they have a fair chance of avoiding harm. These rights are established by state laws and traffic regulations, which vary from jurisdiction to jurisdiction. Understanding these rights is essential for pedestrians involved in accidents.

Right-of-Way:In most jurisdictions, pedestrians have the right-of-way at crosswalks, marked or unmarked. This means drivers must yield to pedestrians crossing the street. However, it’s crucial to note that pedestrians must use crosswalks when available and exercise caution when crossing.
Legal Presumptions:Some states have legal presumptions that favor pedestrians in accidents. For example, if a pedestrian is struck by a vehicle while walking in a crosswalk, the driver might be presumed negligent, meaning they are assumed to be at fault unless they can prove otherwise.

While pedestrians generally have the right-of-way, it’s important to remember that they also have a responsibility to act safely. There are situations where a pedestrian might be considered partially or fully at fault for an accident. These scenarios typically involve actions that contribute to the accident, such as:

Jaywalking:Crossing the street outside of a designated crosswalk. This can be considered a violation of traffic laws and may contribute to the accident.
Distracted Walking:Walking while using a cell phone, listening to music, or engaging in other activities that impair attention. This can lead to pedestrians not noticing approaching vehicles, resulting in an accident.
Failing to Yield:Not yielding to oncoming traffic when crossing the street, even if the pedestrian has the right-of-way. This can lead to a collision.

3.2. Potential Legal Claims and Remedies, Pedestrian Accident Lawyer Near Me

Pedestrians who are injured in an accident may have several legal claims available to them. These claims aim to compensate for the injuries, damages, and losses they have suffered. Understanding the different types of claims and the potential remedies available is crucial for pursuing the right course of action.

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Negligence:This is the most common type of claim in pedestrian accidents. To prove negligence, the pedestrian must demonstrate that the driver owed them a duty of care, breached that duty by acting negligently, and this breach directly caused the accident and resulting injuries.

The elements necessary to prove negligence include:

Duty of Care:Drivers have a legal duty to exercise reasonable care to avoid causing harm to pedestrians.
Breach of Duty:The driver must have failed to meet the standard of care expected of a reasonable driver, such as speeding, driving under the influence, or failing to yield to a pedestrian in a crosswalk.
Causation:The driver’s negligence must have been the direct cause of the accident and the pedestrian’s injuries.
Damages:The pedestrian must have suffered actual damages, such as medical expenses, lost wages, pain and suffering, and other related expenses.

If negligence is proven, the pedestrian may be entitled to various remedies, including:

Compensatory Damages:These damages are intended to compensate the pedestrian for their losses. They can include:

Medical Expenses:Costs associated with treating injuries, including hospital bills, doctor’s fees, physical therapy, and medication.
Lost Wages:Compensation for income lost due to the injury, including past and future lost wages.
Pain and Suffering:Compensation for the physical and emotional pain, discomfort, and suffering caused by the injury. This can include mental anguish, emotional distress, and loss of enjoyment of life.

Punitive Damages:These damages are awarded in cases where the driver’s conduct was intentional, reckless, or grossly negligent. They are intended to punish the driver and deter similar behavior in the future.
Other Remedies:In some cases, other remedies may be available, such as:

Injunctions:Court orders that prevent the driver from engaging in specific actions, such as driving.
Restitution:Orders requiring the driver to return any property or money wrongfully obtained as a result of the accident.

3.3. Filing a Personal Injury Claim

Filing a personal injury claim after a pedestrian accident involves several steps, each crucial to maximizing your chances of obtaining fair compensation. The process can be complex, but understanding the steps involved will help you navigate it effectively.

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Document the Accident:Immediately after the accident, take steps to document the incident thoroughly. This includes:

Photos and Videos:Take pictures of the accident scene, including the vehicles involved, the pedestrian’s injuries, and any road signs or traffic signals. If possible, record a video of the scene and any statements made by witnesses.
Witness Information:Gather contact information from any witnesses to the accident. They can provide valuable firsthand accounts of what happened.
Police Report:Obtain a copy of the police report filed for the accident. This document contains official details about the incident.
Medical Records:Keep all medical records related to the accident, including treatment records, bills, and prescriptions. These records will be crucial in proving the extent of your injuries and the costs associated with treatment.

Contact Your Insurance Company:Notify your own insurance company about the accident as soon as possible. This is important even if you believe the other driver was at fault. Your insurance company may provide assistance with medical bills and other expenses.
Contact the Other Driver’s Insurance Company:If the other driver was at fault, contact their insurance company to file a claim. They will handle the initial stages of the claims process, including investigating the accident and assessing damages.
Consider Hiring an Attorney:While it’s possible to handle a personal injury claim yourself, hiring an experienced pedestrian accident attorney can significantly benefit your case. An attorney can:

Negotiate with Insurance Companies:Insurance companies are often focused on minimizing payouts. An attorney can leverage their experience and knowledge to negotiate a fair settlement on your behalf.
Gather Evidence:An attorney can gather evidence to support your claim, including witness statements, police reports, medical records, and accident reconstruction reports.
File a Lawsuit:If negotiations with the insurance company fail, an attorney can file a lawsuit to pursue compensation in court.

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It’s crucial to understand the statute of limitations for filing a personal injury claim in your jurisdiction. The statute of limitations is the deadline for filing a lawsuit, and failing to meet this deadline can bar you from pursuing compensation.

The statute of limitations for pedestrian accident claims varies by state, so it’s essential to consult with an attorney to determine the deadline in your specific case.

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Here is a sample demand letter for a pedestrian accident claim:

[Your Name][Your Address] [Your Phone Number] [Your Email Address] [Date]

[Insurance Company Name] [Insurance Company Address]

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RE: Demand Letter for Pedestrian Accident Claim- [Your Name]

Dear [Insurance Adjuster Name],

This letter serves as a formal demand for compensation for injuries sustained by [Your Name] in a pedestrian accident that occurred on [Date] at [Location].

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On the date of the accident, [Your Name] was lawfully crossing the street at [Crosswalk/Intersection] when [Describe the accident]. As a result of the accident, [Your Name] sustained the following injuries: [List injuries].

[Your Name] has incurred significant medical expenses, lost wages, and experienced pain and suffering as a result of the accident. We believe that the driver of the vehicle, [Driver’s Name], was negligent and responsible for the accident.

Therefore, we demand that you settle this claim for the following amount: [Total amount demanded]. This amount includes:

* [Medical expenses] – [Lost wages] – [Pain and suffering]

We are prepared to negotiate a reasonable settlement to resolve this matter amicably. However, if we do not receive a satisfactory response within [Number] days, we will be forced to pursue legal action to obtain the compensation [Your Name] is entitled to.

Please contact me at [Your Phone Number] or [Your Email Address] to discuss this matter further.

Sincerely, [Your Name]

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3.4. Pedestrian Accident Legal Rights Guide

Being a pedestrian can be a risky endeavor, but understanding your legal rights and options after an accident can help you navigate the situation effectively and protect your interests. This guide provides a comprehensive overview of your rights, potential claims, and the steps involved in seeking compensation.

Pedestrian Rights in Accidents:

Right-of-Way:Pedestrians have the right-of-way at crosswalks, both marked and unmarked. Drivers must yield to pedestrians crossing the street. However, pedestrians must use crosswalks when available and exercise caution when crossing.
Legal Presumptions:Some states have legal presumptions that favor pedestrians in accidents. For example, if a pedestrian is struck by a vehicle while walking in a crosswalk, the driver might be presumed negligent, meaning they are assumed to be at fault unless they can prove otherwise.

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Pedestrian Responsibility:While pedestrians have the right-of-way, they also have a responsibility to act safely. Actions that could contribute to an accident include jaywalking, distracted walking, and failing to yield to oncoming traffic.

Potential Legal Claims and Remedies:

Pedestrians who are injured in an accident may have several legal claims available to them. These claims aim to compensate for the injuries, damages, and losses they have suffered. The most common claim is negligence, where the pedestrian must demonstrate that the driver owed them a duty of care, breached that duty by acting negligently, and this breach directly caused the accident and resulting injuries.

If negligence is proven, the pedestrian may be entitled to various remedies, including:

Type of Remedy	Description	Examples
Compensatory Damages	Intended to compensate the pedestrian for their losses.	Medical expenses, lost wages, pain and suffering.
Punitive Damages	Awarded in cases where the driver’s conduct was intentional, reckless, or grossly negligent.	Cases involving drunk driving or intentional harm.
Other Remedies	May be available in certain cases.	Injunctions to prevent the driver from driving, restitution for property or money wrongfully obtained.

Filing a Personal Injury Claim:

Steps to Take After a Pedestrian Accident:

Document the Accident:Take photos and videos of the scene, gather witness information, obtain a police report, and keep all medical records.
Contact Your Insurance Company:Notify your insurance company about the accident as soon as possible.
Contact the Other Driver’s Insurance Company:File a claim with the other driver’s insurance company.
Consider Hiring an Attorney:An attorney can help negotiate with insurance companies, gather evidence, and file a lawsuit if necessary.

Statute of Limitations:It’s crucial to understand the statute of limitations for filing a personal injury claim in your jurisdiction. The statute of limitations is the deadline for filing a lawsuit, and failing to meet this deadline can bar you from pursuing compensation.

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The statute of limitations for pedestrian accident claims varies by state, so it’s essential to consult with an attorney to determine the deadline in your specific case.

Sample Demand Letter:A demand letter is a formal request for compensation from the insurance company. It Artikels the accident, injuries, and damages, and sets forth the amount of compensation being sought. A sample demand letter is provided above.

5. Factors Affecting Case Outcomes

The outcome of a pedestrian accident case can be influenced by various factors, including legal considerations, the evidence presented, procedural aspects, and the role of insurance companies. Understanding these factors is crucial for both pedestrians and drivers involved in such accidents, as they can significantly impact the potential settlement or verdict.

5.1 Legal Factors

Legal factors play a crucial role in determining the outcome of a pedestrian accident case. These factors include the applicable traffic laws and regulations, the application of negligence principles, and the legal doctrines that may apply to the specific circumstances of the accident.

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Traffic Laws and Regulations:Different jurisdictions have varying traffic laws and regulations that govern pedestrian and driver behavior. These laws can include rules regarding pedestrian crossings, right-of-way, and traffic signals. The violation of any such traffic laws can be considered negligence and may significantly affect the outcome of the case.

For instance, if a driver fails to yield to a pedestrian in a crosswalk, it could be considered a violation of traffic laws, leading to a finding of negligence against the driver.
Negligence Principles:The concept of negligence is central to personal injury cases, including pedestrian accidents.

To establish negligence, the injured party must prove that the other party owed them a duty of care, breached that duty, and caused the injury. The application of negligence principles, such as contributory negligence, can also impact the outcome of a case.

Contributory negligence occurs when the injured party is also partially responsible for the accident. In such cases, the injured party’s damages may be reduced or even denied. For example, if a pedestrian crosses the street against a traffic signal, they may be found partially responsible for the accident.

5.2 Evidence

Evidence plays a crucial role in establishing liability and determining the outcome of a pedestrian accident case. The evidence presented in court can include eyewitness testimony, police reports, medical records, and physical evidence.

Eyewitness Testimony:Eyewitness testimony can be valuable in providing firsthand accounts of the accident. However, the reliability and credibility of eyewitness accounts can be questioned, as human perception can be subjective and memories can be unreliable. Factors such as the witness’s distance from the accident, their line of sight, and any potential biases can affect the weight given to their testimony.

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Police Reports:Police reports are official documents that record the details of the accident, including the location, time, and parties involved. These reports can provide valuable information about the circumstances of the accident, but they may not always be comprehensive or accurate.
Medical Records:Medical records document the injuries sustained by the pedestrian and the treatment they received. These records can be used to establish the extent of the injuries and the medical expenses incurred.
Physical Evidence:Physical evidence, such as skid marks, photographs of the accident scene, and vehicle damage, can provide objective evidence about the accident.

Skid marks can indicate the speed of the vehicle, tire tracks can show the path of the vehicle, and debris at the accident scene can provide clues about the point of impact.

5.3 Procedural Factors

Procedural factors, such as the choice of jurisdiction, the timing of filing a lawsuit, and the availability of pre-trial discovery, can significantly influence the outcome of a pedestrian accident case.

Choice of Jurisdiction:The jurisdiction in which the lawsuit is filed can affect the applicable laws, the rules of procedure, and the availability of remedies. Different jurisdictions may have different laws regarding damages, statutes of limitations, and the burden of proof.
Timing of Filing a Lawsuit:The timing of filing a lawsuit is crucial, as there are statutes of limitations that restrict the time within which a lawsuit can be filed.

Failing to file a lawsuit within the prescribed time limit can result in the dismissal of the case.
Pre-Trial Discovery:Pre-trial discovery is a process by which parties can obtain information from each other before trial. This process can be used to gather evidence, identify witnesses, and assess the strengths and weaknesses of each party’s case.

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The availability of pre-trial discovery can significantly impact the outcome of the case, as it allows parties to prepare their case more effectively.
Settlement Negotiations and Mediation:Settlement negotiations and mediation are often used to resolve pedestrian accident cases without going to trial. These processes involve parties discussing a potential settlement agreement to avoid the costs and uncertainties of litigation.

The success of settlement negotiations and mediation depends on various factors, including the strength of each party’s case, the willingness of the parties to compromise, and the involvement of insurance companies.

5.4 Impact of Different Types of Evidence

The type of evidence presented in a pedestrian accident case can significantly impact its outcome. Direct evidence, circumstantial evidence, and expert testimony can all play a role in establishing liability and determining damages.

Direct Evidence:Direct evidence is evidence that directly proves a fact in issue. This type of evidence can include eyewitness accounts, dashcam footage, and medical records.
Circumstantial Evidence:Circumstantial evidence is evidence that indirectly proves a fact in issue. This type of evidence can include physical evidence, such as skid marks, tire tracks, and debris at the accident scene.

Circumstantial evidence can be used to infer the actions of the parties involved, but it may not be as conclusive as direct evidence.
Expert Testimony:Expert testimony can be used to provide specialized knowledge and opinions on matters related to the accident.

Experts can provide insights on accident reconstruction, vehicle dynamics, and pedestrian safety. The credibility and qualifications of expert witnesses are crucial in determining the weight given to their testimony.

5.5 Role of Insurance Companies in Settlements

Insurance companies play a significant role in pedestrian accident settlements. They are responsible for providing coverage to both pedestrians and drivers involved in accidents, and their involvement can significantly impact the outcome of a case.

Liability Coverage:Insurance policies provide coverage for different types of accidents, including pedestrian accidents. The type of coverage available depends on the specific insurance policy and the state laws.
Settlement Negotiations:Insurance adjusters are responsible for evaluating claims and negotiating settlements with injured parties.

They consider factors such as the extent of the injuries, the liability of the parties involved, and the applicable insurance coverage.
Dispute Resolution:If a settlement cannot be reached through negotiations, parties may have to resort to dispute resolution mechanisms, such as arbitration or mediation.

These processes involve a neutral third party who helps the parties reach a settlement agreement.

Resources and Support for Pedestrians Involved in Accidents: Pedestrian Accident Lawyer Near Me

Being involved in a pedestrian accident can be a traumatic experience, leaving you with physical injuries, emotional distress, and financial burdens. Navigating the aftermath can feel overwhelming, but you’re not alone. There are numerous resources available to help you recover, seek justice, and rebuild your life.

Legal Assistance

After a pedestrian accident, seeking legal guidance is crucial. An experienced pedestrian accident lawyer can help you understand your rights, navigate the legal process, and fight for the compensation you deserve.

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National Highway Traffic Safety Administration (NHTSA):The NHTSA provides valuable information about pedestrian safety, accident statistics, and resources for victims. You can find information about pedestrian safety laws, accident reporting procedures, and tips for preventing accidents. Website: https://www.nhtsa.gov/
National Organization for Victim Assistance (NOVA):NOVA is a non-profit organization that provides support and resources for victims of crime, including those injured in pedestrian accidents. They offer crisis intervention, legal advocacy, and financial assistance. Website: https://www.trynova.org/
The National Association of Criminal Defense Lawyers (NACDL):The NACDL is a professional organization for criminal defense lawyers. They offer resources for victims of crime, including information about their rights, legal representation, and support services. Website: https://www.nacdl.org/

Medical Support

Seeking prompt medical attention is essential after a pedestrian accident. Even if you feel fine, there might be hidden injuries that require medical care.

National Institute of Health (NIH):The NIH offers comprehensive information about injuries and conditions related to pedestrian accidents. You can find resources on injury prevention, treatment options, and long-term recovery. Website: https://www.nih.gov/
American Academy of Orthopaedic Surgeons (AAOS):The AAOS provides information about orthopedic injuries, common in pedestrian accidents. They offer resources for patients, including information on diagnosis, treatment, and rehabilitation. Website: https://orthoinfo.aaos.org/
The National Center for PTSD:The National Center for PTSD offers resources and support for individuals experiencing post-traumatic stress disorder (PTSD), a common psychological consequence of traumatic events like pedestrian accidents. Website: https://www.ptsd.va.gov/

Financial Assistance

A pedestrian accident can lead to significant financial burdens, including medical expenses, lost wages, and property damage.

The National Consumer Law Center (NCLC):The NCLC provides information and advocacy for consumers facing financial hardship, including those dealing with medical debt and insurance claims. Website: https://www.nclc.org/
The National Association of Consumer Advocates (NACA):NACA is a non-profit organization that advocates for consumer rights and provides resources for those facing financial difficulties. They offer legal assistance and information about debt relief programs. Website: https://www.naca.net/

Emotional Support

The emotional impact of a pedestrian accident can be significant, leading to stress, anxiety, and depression.

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The American Psychological Association (APA):The APA offers resources and information about mental health conditions, including anxiety and depression. They provide tips for coping with stress, managing emotions, and seeking professional help. Website: https://www.apa.org/
The National Alliance on Mental Illness (NAMI):NAMI is a non-profit organization that provides support and advocacy for individuals with mental illness and their families. They offer resources, support groups, and educational programs. Website: https://www.nami.org/
The Crisis Text Line:The Crisis Text Line is a free, confidential texting service available 24/ 7. You can text HOME to 741741 to connect with a trained crisis counselor. Website: https://www.crisistextline.org/

Support Groups and Advocacy Organizations

Connecting with others who have experienced similar situations can provide valuable support and understanding. Several organizations are dedicated to helping pedestrians involved in accidents.

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The National Organization for Victim Assistance (NOVA):NOVA offers support groups and advocacy services for victims of crime, including those injured in pedestrian accidents. Website: https://www.trynova.org/
The National Center for Victims of Crime:The National Center for Victims of Crime provides information and resources for victims of crime, including those involved in pedestrian accidents. They offer support groups, legal advocacy, and financial assistance. Website: https://www.victimsofcrime.org/
The Pedestrian and Bicycle Information Center (PBIC):The PBIC is a non-profit organization dedicated to promoting pedestrian and bicycle safety. They offer resources for victims of accidents, including information about legal rights, advocacy services, and support groups. Website: https://www.pbic.org/

Managing the Emotional Impact

The emotional toll of a pedestrian accident can be significant. It’s important to acknowledge your feelings and seek support to cope with the trauma.

Practice Self-Care:Engage in activities that promote relaxation and well-being, such as exercise, meditation, or spending time in nature.
Seek Professional Help:If you’re struggling to cope with the emotional impact of the accident, consider seeking professional counseling or therapy.
Build a Support System:Surround yourself with loved ones who offer support and understanding. Share your feelings with them and lean on their presence.
Journaling:Writing down your thoughts and feelings can be a therapeutic way to process the trauma and gain clarity.

Key Resources and Contact Information

Resource Name	Type	Description	Website	Contact Information
National Highway Traffic Safety Administration (NHTSA)	Legal	Provides information about pedestrian safety, accident statistics, and resources for victims.	https://www.nhtsa.gov/	(888) 327-4236
National Organization for Victim Assistance (NOVA)	Legal, Emotional Support	Offers support and resources for victims of crime, including those injured in pedestrian accidents.	https://www.trynova.org/	(800) FYV-CALL (800) 398-2255
National Institute of Health (NIH)	Medical	Offers comprehensive information about injuries and conditions related to pedestrian accidents.	https://www.nih.gov/	(301) 496-4000
American Academy of Orthopaedic Surgeons (AAOS)	Medical	Provides information about orthopedic injuries, common in pedestrian accidents.	https://orthoinfo.aaos.org/	(800) 344-9044
National Center for PTSD	Emotional Support	Offers resources and support for individuals experiencing post-traumatic stress disorder (PTSD).	https://www.ptsd.va.gov/	(800) 273-8255
National Consumer Law Center (NCLC)	Financial	Provides information and advocacy for consumers facing financial hardship, including those dealing with medical debt and insurance claims.	https://www.nclc.org/	(202) 289-8150
National Association of Consumer Advocates (NACA)	Financial	Advocates for consumer rights and provides resources for those facing financial difficulties.	https://www.naca.net/	(202) 289-8150
American Psychological Association (APA)	Emotional Support	Offers resources and information about mental health conditions, including anxiety and depression.	https://www.apa.org/	(202) 336-5600
National Alliance on Mental Illness (NAMI)	Emotional Support	Provides support and advocacy for individuals with mental illness and their families.	https://www.nami.org/	(800) 950-NAMI (6264)
Crisis Text Line	Emotional Support	Free, confidential texting service available 24/7.	https://www.crisistextline.org/	Text HOME to 741741
National Center for Victims of Crime	Emotional Support, Legal Advocacy	Provides information and resources for victims of crime, including those involved in pedestrian accidents.	https://www.victimsofcrime.org/	(202) 467-2272
Pedestrian and Bicycle Information Center (PBIC)	Advocacy	Dedicated to promoting pedestrian and bicycle safety.	https://www.pbic.org/	(202) 332-6722

Wrap-Up

If you’ve been injured in a pedestrian accident, don’t hesitate to reach out to a qualified pedestrian accident lawyer. They can provide guidance, support, and legal expertise to help you through this challenging time. Remember, you have rights, and a lawyer can help you exercise them to ensure a fair outcome.

Essential FAQs

What are the common causes of pedestrian accidents?

Pedestrian accidents are often caused by driver negligence, including distracted driving, speeding, and driving under the influence of alcohol or drugs. Other factors can include poor visibility, inadequate lighting, and pedestrian carelessness.

What should I do immediately after a pedestrian accident?

Seek medical attention for your injuries. Call the police to report the accident and obtain a police report. Gather evidence, such as photos of the accident scene and witness information. Do not speak to the other driver’s insurance company without first consulting with a lawyer.

How much does a pedestrian accident lawyer cost?

Most pedestrian accident lawyers work on a contingency fee basis, meaning they only get paid if they win your case. The fee is typically a percentage of the settlement or judgment. It’s important to discuss the lawyer’s fee arrangement upfront.

What are the benefits of hiring a pedestrian accident lawyer?

A pedestrian accident lawyer can help you navigate the complex legal system, protect your rights, negotiate with insurance companies, and build a strong case to maximize your compensation. They can also provide valuable support and guidance during a difficult time.

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