Pedestrian Accidents

What to Do After a Pedestrian Accident

The immediate moments after being struck by a vehicle are likely to leave you stunned, shocked, and in pain. Many people feel confused and unsure of precisely what to do. It’s paramount that you seek medical treatment as soon as possible, preferably at the scene of the accident, and then follow these crucial steps for the best outcome.

Step One: Get Medical Care Immediately

Please follow the directions of the medical team that arrives on the scene. EMS will likely advise that you go to the local emergency room. Allow paramedics to examine and transport you if necessary. Once at the hospital, follow the doctor’s recommendations for imaging, testing, and follow-up care.

Sometimes, pedestrian injuries aren’t apparent until hours or days following an accident. Once symptoms present, seek medical care promptly from an ER, urgent care center, or primary care physician. Follow all medical recommendations.

Step Two: File a Police Report

Law enforcement will likely arrive on the scene of the accident. Depending on the extent of your injuries, you may or may not be able to speak with them at this time. If you can, provide them with details regarding the accident while on-scene. However, many are unable to focus on things other than their immediate pain following an accident.

Once you’re stable at the hospital or at home, speak with the police. They’ll ask you to provide your version of events and review the facts of the case with you. Always request a copy of the police report and record the incident number.

Step Three: Gather Evidence

While the team at Kanner & Pintaluga will thoroughly investigate your accident, it’s good to gather some evidence as a starting point. This will help our pedestrian accident lawyers assess your case best, providing a more accurate estimate of your settlement’s worth.

In your initial evidence folder, compile documents such as the official police report, medical reports, doctor’s notes regarding your treatment and follow-up care, any medical bills, an estimate of your current lost wages, and photos of your injury. If you have additional information, like witness information, this is also a good thing to gather.

Step Four: Contact a Pedestrian Injury Attorney

Contact Kanner & Pintaluga as soon as possible following an accident. We’ll provide you with a FREE case evaluation, where we’ll review the facts and evidence surrounding your case. At this time, we’ll also provide legal guidance on your next steps.

Once you officially hire a pedestrian accident law firm for representation, we’ll handle all communication with the insurance companies and other involved parties moving forward.

Step Five: Continue with Follow-Up Care

It’s crucial that you continue with all recommended follow-up care for the duration of your case. This includes attending all doctor’s appointments, adhering to your prescription medication regimen, participating in physical therapy or chiropractor visits, and more.

Additionally, following your lawyer’s advice is vital. Your legal team may advise you to cease communication with specific parties regarding the incident, keep details of the case off social media, and more.

What Does a Pedestrian Accident Law Firm Do?

Kanner & Pintaluga is a pedestrian accident law firm that goes above and beyond for every one of our clients. We work diligently to get the compensation you deserve while taking away the headache and hassle of dealing with countless insurance companies and involved parties. Our primary goal is to ensure you get the compensation you deserve for your injuries.

Here are a few key things our legal team does, so you can focus on improving.

1) File Paperwork & Handle Correspondence

There are countless administrative things to take care of in the days, weeks, and months following an accident. The paperwork can seem endless, from filing claims with insurance companies to setting forth legal motions. Then, there’s also dealing with the other party’s insurance company. We’ll take care of everything so you can put your energy towards recovery.

2) Determine the Value of Your Claim

When pursuing a lawsuit, you must know what to ask for. You may be entitled to more compensation than you think. In a pedestrian accident case, you can seek damages for lost wages and future lost wages, medical bills, property damage, and emotional distress. Let our team carefully review your case to maximize compensation.

3) Investigate and Gather Evidence

Kanner & Pintaluga has a team of nearly 100 experienced attorneys. We also have many subject matter experts who can help maximize your claim. We’ll launch our investigation into the cause and circumstances of your accident, gathering evidence to support your claim in court.

We may employ crash scene experts, mental health professionals, witnesses, and more to get a full scope of your accident and to help determine fault.

4) File Lawsuits

Many times, we can reach an acceptable settlement outside of a courtroom. However, sometimes negotiations and mediation are unsuccessful. If so, our team will file a lawsuit against the appropriate individuals. We’ll then represent you in court.

5) Advocate for Your Rights

The other party likely has a team fighting on their side, and insurance companies like to coerce victims into accepting low-ball settlements. We’re here to advocate for your rights and ensure you get the justice and compensation you deserve.

Types of Pedestrian Accidents

Pedestrian accidents can occur in various ways, each with unique circumstances and causes. From crosswalk collisions to accidents involving distracted drivers or poorly maintained roads, the dangers when walking can seem endless. There are plenty of statistics to back up this claim. Understanding these types of accidents can help determine liability and strengthen a legal case.

Here are some of the most common types of accidents involving pedestrians:

• Crosswalk accidents
• Intersection accidents
• Right-of-way disputes
• Speed-related accidents
• Back-up accidents
• Accidents resulting from distracted drivers
• Improper crossing
• Accidents occurring from impaired drivers
• Turning vehicle accidents
• Overturned vehicle accidents
• Accidents where a pedestrian is run off the road
• Multiple-threat accidents
• Bus-related accidents
• Accidents involving motorcycles or cyclists

Among the most common types of pedestrian accidents are crosswalk incidents and injuries that result from distracted drivers. Leading causes of these accidents include speeding, failure to yield, unsafe lane changes, and poor visibility.

Common Injuries to Pedestrians

Pedestrian accidents can result in serious injuries, ranging from broken bones to head trauma–and even death. The NHTSA reports that one pedestrian is killed every 70 minutes in America.

Here are the most common non-fatal pedestrian injuries, in no specific order:

• Broken bones
• Head trauma, concussion, and traumatic brain injury
• Internal organ damage and internal bleeding
• Cuts, bruises, and lacerations
• Road rash
• Spinal cord injuries
• Soft tissue damage
• Amputations
• Paralysis

Factors that impact the type and severity of injury include vehicle speed, angle of impact, and pedestrian position.

Pedestrian Injury Facts & Statistics

The facts surrounding pedestrian injuries are staggering. Each year, thousands of individuals are injured or killed in pedestrian accidents, often leading to life-changing consequences and long-term recovery. While the goal is always to minimize accidents and stay safe on the road, our team is here to fight for you if you fall victim to such an injury.

Facts and numbers regarding injuries to pedestrians, according to the National Safety Council:

• 84% of pedestrian accidents occur in urban settings.
• 76% of pedestrian injuries occur in non-intersections.
• 74% of injuries occur during nighttime (dark) hours.
• More injuries to pedestrians occur on Saturdays and Sundays.
• 70% of fatal victims of pedestrian collisions are male
• 75% of pedestrian accidents occur in zones with a speed limit greater than 30mph.
• 70% of accidents involving pedestrians occur in “high-traffic areas,” with 5+ lanes of traffic to cross.
• 25% of all pedestrian fatalities occurred from 6 p.m. to 8:59 p.m.
• The age groups 60 to 64 and 65 to 70 had the largest percentage of pedestrian fatalities.
• New Mexico ranks as the most dangerous state for pedestrians.
• Southern states see more pedestrian deaths than the rest of the U.S. It is unclear why.

According to the Governor’s Highway Safety Association, pedestrian injuries and death rates are at an all-time high. Rates have steadily increased since 2010, with many experts citing unsafe road infrastructure and the increasing number of SUVs and oversized vehicles on the road.

Determining Fault In a Pedestrian Accident

Some people believe that pedestrians always have the right of way, however, this isn’t the case. Crash experts and law enforcement look at several factors to determine fault in a crash involving a pedestrian. These include safe and unsafe actions of both the pedestrian and the driver (attention, distractibility), traffic patterns, stoplights and pedestrian signage, and the positioning of both parties at the time of the accident.

Ultimately, the law of negligence determines fault in accidents between vehicles and pedestrians. According to Cornell Law School, negligence “is the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances.”

Many states have laws on the book stipulating that even if a pedestrian is deemed at majority fault for an accident, a driver still bears a portion of responsibility. Speak with a pedestrian accident lawyer today to learn more about who may be at fault regarding your case.

How Much Is My Pedestrian Accident Case Worth?

Pedestrian accident settlements can range from a few thousand dollars for minor injuries to hundreds of thousands or even millions of dollars for catastrophic injuries. Factors such as liability, the severity of the injury, insurance coverage, and more can impact a settlement amount.

Kanner & Pintaluga Pedestrian Accident Law Firm: Reviews

We’ve represented hundreds of thousands of clients like you all across the country. Here’s what other personal injury victims have to say about their experience working with Kanner & Pintaluga.*

“I’M SO GLAD I MADE THE CALL! My attorney was so helpful and knowledgeable. Physical therapy was amazing. And when it was time to close my case, they were AWESOME! Thank you to everyone at K&P for turning a traumatic experience into a bearable process.”–Shaundas K.

“Speedy service and attentive. K&P was able to maximize my compensation beyond what I was expecting, which was pretty darn nice!”–Danny C.

“I had a great experience with K&P handling my case. Everyone I was in contact with was always courteous and very informative. They handled every area of the case with great ease, and even though it all happened so fast, I was pleased with the outcome.”–K. Cornelius

*Testimonials are edited for grammar and clarity.