Accidents de voiture impliquant des piétons : solution juridique

Car accidents involving pedestrians: legal solution by Car crash lawyer

Car accidents involving pedestrians: legal solution

It goes without saying that being hit by a car can be a traumatic experience. And in the chaos that follows an accident, a lawsuit may be the furthest thing from your mind. But if the accident was due to someone else’s negligence and you suffered injuries, you’ll want to keep all of your legal options open. In this article, we provide an overview of lawsuits brought by pedestrians against drivers, with a focus on issues of fault, damages and the role a lawyer might play in your case.

Liability in pedestrian accidents

Fault – who is responsible for the accident – ​​is the first thing a pedestrian should consider when deciding whether to take legal action after being hit by a vehicle.

Did the driver run a red light? Was the driver driving too fast? Was the driver intoxicated? Did the pedestrian wander into traffic while texting? Could either person have avoided the accident?

Car accidents involving pedestrians: legal solution

In France States, a pedestrian can recover in a lawsuit against a driver only if the accident is at least partially attributable to the driver. If the pedestrian literally wandered into traffic while texting and there was nothing the driver could do to avoid contact, the pedestrian is unlikely to win a lawsuit.

Assuming someone other than the pedestrian is at fault, it is also possible that multiple people caused a pedestrian accident. Imagine driver A ran a red light. Driver B, who had a green light, had to swerve to avoid contact with Driver A’s vehicle. But the sudden swerve caused Driver B to lose control and hit Peggy, a pedestrian on the sidewalk.

Under these circumstances, Peggy was able to pursue Driver A, even though Driver A’s vehicle did not actually hit her. She would probably want to sue both drivers, since driver B might share some of the blame for not controlling the vehicle after the swerve. But it is likely that Driver A, as primarily responsible for the accident, would pay most of the damages.

Pedestrian Accident Lawyers and Cases

Do I need a lawyer? This question arises quite often in damages cases. The answer is that it is possible for a pedestrian to pursue a claim without an attorney, especially if there are only minor injuries and fault is undisputed. In other cases, it can be extremely difficult to cope on your own.

Most lawyers offer free initial consultations, and in personal injury cases, you probably won’t be charged upfront. Indeed, most law firms and personal injury attorneys use contingency fee agreements. The attorney agrees to handle the case from start to finish in exchange for the injured person’s agreement that if the attorney obtains recovery, they receive a percentage of that recovery (usually 33% or one-third) .

Damages in a pedestrian accident case

In a personal injury lawsuit, damages are intended to compensate the injured party for all the harm suffered. There is a legal saying that damages are “intended to make a person whole again”. It is obviously difficult to equate money with injuries. But that’s how the system works.

There are multiple categories of damages, including:

  • medical expenses (past and future)
  • lost wages (past and future)
  • pain and sufferingand
  • loss of enjoyment of life

The simplest categories of personal injury damages are medical expenses and lost wages. Any medical bills the pedestrian paid as a result of the accident can usually be reimbursed as part of the lawsuit damages. Additionally, if the pedestrian has missed work – either because of their injuries or to receive treatment for their injuries – the driver is generally required to pay for any lost income.

The other two categories are trickier. How to calculate the value of pain and suffering? It really depends on the jury. To give an extremely rough guide, if a pedestrian suffers scrapes and bruises and back pain for about a week, the pain and suffering can be worth less than a thousand dollars. If the pedestrian suffers a broken hip, a broken collarbone and a severe concussion, which causes him permanent headaches and permanent pain in the neck and shoulder area, pain and suffering can be worth hundreds of thousands of dollars.

Loss of normal life or “loss of enjoyment” refers to the negative impact on the injured person’s life as a result of the accident. Thus, if an accident leaves a pedestrian paralyzed from the waist down, and the individual was an avid surfer and climber, these damages would be higher than if the injured person had spent little time outdoors and active before. even the accident.

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