Contact Us for a Free Consultation 816-221-0382
Contact Us for a Free Consultation

Bautista LeRoy Blog

Legal Guide For Pedestrians Hurt In Crosswalk Collisions

Posted by Bautista Leroy | Feb 11, 2017 | 0 Comments

pedestrians hurt in crosswalk collisions

Crosswalk collisions involving pedestrians are far too frequent and can often result in serious injuries and legal disputes. It's vital that injured pedestrians understand their rights and the legal process if they've been involved in one. This guide offers the legal information that they'll need in order to pursue compensation from negligent motorists.

Crosswalks provide pedestrians with an effective and safe means to cross roads, and most traffic laws give pedestrians the right-of-way. Unfortunately, pedestrian accidents often arise from drivers failing to yield at intersections, speeding through them, or becoming distracted with phones or other activities. In such cases, the driver could be considered negligent for any injuries sustained as a result.

Your priority after being involved in an accident at a crosswalk should be seeking medical treatment, even if your injuries seem minor at the time. Documenting them with a healthcare provider will strengthen your case later. Once safe, report the incident to the police and obtain a copy of their report as a record of this event.

Accident reconstruction services provide invaluable evidence. In most pedestrian accidents, negligence is usually to blame. You must show this by showing that the driver breached their duty of care, such as by speeding or running through red lights, which led to your injuries. Traffic camera footage, eyewitness testimony, and accident reconstruction all offer compelling proof.

In some instances, pedestrians who are injured can receive compensation for medical bills, lost income, pain and suffering damages, and other related costs. Compensation could come from either the driver's auto policy (in states with no-fault insurance policies), your policy (if no-fault states apply), or third parties such as municipalities if road design and maintenance contributed to the incident. A personal injury lawyer can guide you and identify potential sources of reimbursement.

As noted above, state laws regarding comparative negligence vary. In some states, injured parties may still receive compensation if they were partially at fault, for instance, if distracted while crossing a street or failed to use an official pedestrian crosswalk. Your amount of compensation could depend on your percentage of fault, while in states with more stringent contributory negligence rules pedestrians could be barred from recovering any benefits at all if their fault.

Time is of the utmost importance when it comes to pedestrian injury cases. Each state has a statute dictating when personal injury claims must be filed - usually one to three years from when an incident took place - and failure to do so may jeopardise your right to compensation.

Expertise in pedestrian accidents can increase your odds of success when filing an insurance claim, handling negotiations with insurance providers, and gathering evidence for court representation if needed. Many personal injury lawyers work on contingency fees, so no payments will be expected until success has been reached.

Those injured in crosswalk collisions often face physical, emotional, and legal challenges that must be navigated immediately after being injured. By understanding your rights and seeking legal advice quickly after an incident has taken place at a crosswalk, you can improve the outcome of your case significantly and rebuild your lives by holding negligent drivers responsible and seeking fair compensation from them.

For inquiries related to traffic accident laws or injury laws, or to hire an accident attorney, contact the legal professionals of Bautista LeRoy LLC through this number 816-221-0382 or email them at [email protected]. Serving Kansas City, MO and KS as well as surrounding areas of Benton County and St. Louis.

 

Summary

A crosswalk can sometimes become a very dangerous place on the street, especially when drivers drive recklessly. Getting hit by a vehicle while crossing on a crosswalk can leave someone not only with serious injuries, but also with financial and psychological impacts. More often, dealing with these consequences can be very confusing and overwhelming, especially when a person doesn't know their rights. Therefore, it is very important for people to know their legal options when they got hit in a crosswalk accident in order to get compesated for the damages. With the right information and correct steps, they can claim compensation for the medical bills, lost income, and pain and suffering. 

Here are the things you need to do after getting hit in a crosswalk accident:

  • move to a safe location 
  • get medical attention as soon as possible
  • report the accident to the authorities (get a copy of the police report)
  • document your incident (if possible, take photos of the place, traffic signs, vehicle, road condition, etc.)
  • gather witness information (get their names, address, contact details, statement, etc.)
  • gather evidence (check for CCTV footage from nearby establishments)
  • keep all the important records (medical bills, medication, transportation expenses, etc.)
  • keep track of your lost income
  • avoid arguing with the driver 
  • be careful about posting online about the accident
  • preserve all the evidence and the important documents
  • talk to a personal injury lawyer (learn about your legal options)

About the Author

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today

Bautista LeRoy LLC - Kansas City, MO
3770 Broadway Blvd.
Kansas City, MO 64111
816-221-0382

Bautista LeRoy LLC is located in Missouri, providing representation for Catastrophic Injury Cases, including Elder and Nursing Home Abuse, Defective Products, Trucking and Auto Collisions, Railroad Crossing Litigation, Wrongful Death, and Medical Malpractice. Contact us today to schedule an appointment.

Menu