When pedestrians are walking, they often think that because they can see cars, the drivers in the cars can see them. While this is the case when drivers are paying attention and driving carefully, when they aren’t, drivers can hit pedestrians and cause potentially fatal accidents. If you or a loved one was hurt in a accident between a car and a pedestrian, you may be handling debilitating injuries and damages. There are people you can turn to for help. McMath Woods P.A. has an experienced Fayetteville pedestrian accident lawyer who will fight for your right to fair compensation.
Going through the legal process may seem daunting, but your compensation can be the key to your recovery. As medical expenses and missing work start to cause financial stress, you can have peace of mind that your compensation will help you pay medical bills, afford future care, and cover the wages for the work you’ve had to miss. Our firm fiercely advocates for those who were wrongfully injured. The pedestrian accident attorney will do everything to maximize your compensation so you can recover.
How Does Negligence Result in Pedestrian Accidents?
In Arkansas, there were 493 total traffic fatalities in 2017. 42 of those fatalities were pedestrians. Drivers only need to look away from the road for a few moments for an accident to happen. Let’s take a look at what causes pedestrian accidents.
Texting and driving is a major cause of many types of traffic accidents. When a negligent driver is more focused on texting, their eyes are off the road, one hand is likely on the steering wheel, and they’re not thinking about their surroundings.
Disobeying Traffic Laws
When a driver is in a hurry, they may try to beat traffic lights, roll through stop signs, or fail to yield even though they do not have right of way. If a driver attempts to speed through a yellow light, they may run a red, and the pedestrians had the right of way to cross the intersection. When a driver ignores traffic laws, they could collide with a pedestrian.
Heavy rain, snow, fog, and darkness all obscure a driver’s view of the road. However, if they are driving in inclement weather, the driver is supposed to adjust their driving to the current conditions. This includes slowing down, using windshield wipers, and turning on headlights.
However, pedestrian accidents where a driver isn’t involved can also occur. Negligent property owners can have unsafe properties that cause accidents for pedestrians and cause injuries. Typical injuries come from falling.
Pedestrians can also be struck by falling objects. While this can be a rare occurrence, the injuries are often severe.
Our Fayetteville pedestrian accident lawyer understands that everyone’s case will have unique circumstances. We’re prepared and trained to investigate the case—and to consult with experts to get a clear idea of what happened.
An accident reconstructionist could provide insight into what led up to the crash that demonstrates the driver’s negligence. Their insight could include the weather at the moment of the crash, road conditions, evidence from debris left on the road, and any other facts they can gather that piece together how the driver acted negligently and how that resulted in your injuries.
Pedestrian Accident Injuries
Pedestrians have nothing to protect them in an accident. They will likely sustain injuries from the initial impact of the car hitting them and other injuries for when they hit the ground. Unfortunately, there’s nothing to absorb the impact of the crash, so pedestrian injuries are severe and sometimes fatal.
Head injuries, spinal cord injuries, fractures, broken bones, lacerations, internal organ damage, and internal bleeding are all concerns when a pedestrian accident occurs. They will need medical attention immediately, even if their injuries seem minor. Some of their injuries could remain hidden and will need a physician to properly diagnose the injuries.
For example, someone could have sustained a concussion or internal damage. While this may not be visible, it doesn’t mean the injuries aren’t serious. The injured person may be in shock, which can mask symptoms. They may not realize the extent of their injuries because it may take some time for symptoms to present.
Pedestrians can sustain serious injuries that may have permanent consequences. These are referred to as catastrophic injuries. A catastrophic injury will never fully heal and may prevent you from returning to work.
For example, you may experience chronic back pain or have cognitive issues like difficulty with memory. A catastrophic injury that could affect your job could be paralysis or loss of limb. These injuries often need extensive care, as well as continued care in the future.
When you have an injury that will affect you for the rest of your life, it can be devastating. You may have to relearn how to do everyday activities, like getting dressed and cooking. This adjustment process can be difficult, but you have representation that will help you secure your financial future so you can work on your recovery.
Reach out to us even if you don’t recognize the injuries above but were still harmed in your accident. We understand that each client’s situation is unique.
While our pedestrian accident attorneys cannot undo the accident, we can help provide a path forward. When your injuries require expensive, perhaps lifelong care, our lawyers are here to fight for you.
What Should You Do After a Pedestrian Accident?
There are certain things you can do that can help your claim after an accident between a vehicle and a pedestrian. They may differ slightly from car accidents and other accidents because pedestrians are likely to have more severe injuries and may not be able to accomplish as many tasks at the scene—but there are still some tips you may want to keep in mind.
- Call 911. After the initial crash, call for help if you can. If you are unable, tell someone to call help for you. As you’re waiting, you can assess yourself for injuries, but you may not be able to tell the full extent of them. If you’re able, try to move to the side of the road so you’re safely away from traffic.
- Talk to the Police and Emergency Services. When emergency services arrive, allow them to assess you. If you need immediate care, they’ll transport you to the hospital. If the injuries seem minor and you’re able to go home, you should still arrange to see your doctor within the following couple of days. The sooner you’re able to identify your injuries and treat them, the sooner you’ll be able to start the healing process. You’ll also want to speak with the police.
- Take Pictures. If possible, you’ll want to document the scene as best as you can through taking pictures. Take pictures of the vehicle that hit you, your injuries, and any other distinguishing objects that could be relevant information later.
- Exchange Information. At the accident scene, you can get information from the driver that will be necessary later. Their contact information, insurance policy information, and details about their vehicle like make and model are all important. If you weren’t able to get the information about the negligent driver who hit you, the police report will likely have that information.
- Don’t Apologize. As you’re exchanging information, don’t apologize for anything or blame the other party for what happened. Keeping it to facts only will benefit you in the long run, especially because you likely don’t have the full story yet. Gathering other evidence like photographs of the scene can preserve physical evidence and could help your case later.
- Get Medical Help. You’ll need to see a doctor so you can start treating your injuries. This will also document your injuries from the accident, which can help your lawyer argue your case. It will show that your injuries were severe enough for you to seek medical attention and the treatment you’ll need to recover.
- Hire a Lawyer. Once you’ve began the healing process, you can start looking for representation so you can get the financial recovery you deserve.
Your Fayetteville Pedestrian Accident Lawyer Will Fight for You
When you’re recovering from your injuries, you may need to go through certain procedures, treatments, or take medication. As you’re looking at the time this will take, you may also wonder about how you’re going to afford this care. You shouldn’t have to worry about getting the care you need so you can recover. This is where your attorney from our law office can help.
As your representation, we’ll seek to recover full and fair compensation for you. Your compensation will be comprised of the losses you’ve suffered because of the other party’s negligence. There are typically two kinds of damages you can recover, economic and noneconomic. Let’s go over what they are.
These are the financial losses of the accident. Your medical expenses are considered economic damages. So, the medical care you needed after the accident and will need in the future for your recovery can be covered. Your compensation will allow you to get the medical care you deserve.
While you’re healing, you will likely need to be away from work for some time. While the timeframe depends on the extent of your injuries, even minor injuries can keep you home past the sick time or paid time off you have for work. We will seek compensation for your lost wages, or days of missed pay.
We understand that missing work can be extremely stressful and can even result in people going back to work before they’re ready. Returning to work before your doctor has informed you it’s safe to do so can be dangerous because you’re putting yourself at risk of re-injuring yourself or making the injury worse. Working through pain when you’ve been in a pedestrian accident is not what’s best for your health.
When you’re recovering, wait until your doctor tells you that you may go back to work. If you go back to work and are in pain or feel that something is wrong, inform your boss and call your doctor immediately.
If your accident results in other financial losses, our lawyers will investigate what it cost you and fight for your compensation to cover those losses.
The other part of your compensation includes the noneconomic damages. These aren’t monetary losses, they’re the emotional costs of the accident. The injuries you’ve sustained and the healing process that you now have to go through can be difficult and can take a toll on you. Noneconomic damages will allow you to recover compensation for these losses, too.
One of the most common noneconomic damages is pain and suffering, which is for the injuries of the accident and the pain you’ve experienced. Your lawyer will fight for you to recover for pain and suffering.
Another aspect of pain and suffering includes emotional distress or mental anguish. If your accident has caused you to experience this, whether it’s from replaying the trauma of the accident or learning to live with a permanent injury, we’ll seek compensation for you.
Your injury could prevent you from your typical lifestyle for some time or could permanently affect you for the rest of your life. This can cause you to experience loss of enjoyment of life, which can be included in your compensation.
Our lawyers are experienced in assessing the injuries and damages you’ve incurred. We’ll calculate the economic and noneconomic damages you’ve suffered and then begin to fight for you to recover compensation that will allow you to recover with peace of mind.
Seek Legal Counsel Today
After you’ve been injured by a negligent driver, you should contact a pedestrian accident lawyer in Fayetteville to begin your claim. McMath Woods P.A. will help you move forward. Call our office today.
We’ll meet for a free case evaluation to go over what happened, the validity of your claim, and what you’re eligible to recover. Our lawyers will be at your side every step of the way.