Memphis Pedestrian Accident Lawyers
Many people are not aware of how often pedestrians are involved in accidents with a vehicle. However, according to the The National Highway Traffic Safety Association approximately five thousand pedestrians die each year in an accident involving a vehicle and in 2012, 76,000 pedestrians suffered injuries when they were struck by a car or truck. If you or someone you love has been injured or killed in a pedestrian related accident, you should speak to a Pedestrian accident lawyer at the Higgins Firm. We will hear your claim and work with you to make sure that you get the compensation you need for any injuries that you have been caused.What are some reasons why Pedestrian Accidents Occur?
These types of accidents typically occur because drivers may be distracted and are not paying enough attention to people who may be walking or running across the road. Even if a pedestrian is extremely careful, these accidents can still occur and usually mean severe injuries or even death for the pedestrians involved. Other times these accidents may occur because of poorly maintained sidewalks, crosswalks, streets or other hazards in the road such as construction.What Rights Do Pedestrians have when they been injured in an Accident?
When you or someone you love has been involved a pedestrian accident you do have rights. You have the same rights to seek damages as any driver that has been injured in an accident. You may be able to seek damages if your accident was caused by or linked to someone else's negligence. In these types of accidents, more than one party may be responsible. For example, the driver that struck the pedestrian may be at fault but if the sidewalk or crosswalk that the pedestrian was using was damaged, the people responsible for properly maintaining the sidewalk or crosswalk may also be at fault. Finally, if the pedestrian failed to properly use a crosswalk, they also may be partially at fault for the accident. It may be difficult to determine who is at fault because both drivers and pedestrians should follow the rules of the road and use reasonable care.How is Fault in Pedestrian Accidents Determined?
Since there are so many factors fault can be difficult to determine if pedestrian accidents. However, if drivers fail to do the following they may be at fault:
- Driving while distracted-texting, talking on the phone, talking to passengers, not watching the road.
- If the driver is speeding
- Failure to yield to pedestrians in crosswalks
- Failure to follow traffic signs or signals
- Failure to use turning signals
- Failure to pay attention to weather and road conditions
- Driving while under the influence
A pedestrian must also follow the rules of the road and use a reasonable amount of care when crossing. If they fail to do the following, they may be at fault or partially at fault for the accident:
- Ignoring a walk signal
- Disrupting the flow of traffic
- Failure to use marked crosswalks
- Darting in front of a car
As stated above, determining fault in a pedestrian accident can be tricky and it is best to consult with an experienced and caring lawyer with the Higgins Firm to help you. We will answer any questions you may have and help you gather any information that may be needed for your case. Then we will work hard to make sure that you receive any compensation you may be entitled to for the injuries you have suffered. We will also work to make sure the party responsible pays for their negligence.
Contact us online or call us at 800-705-2121 to schedule your FREE consultation to ask us any questions and to talk about your claim.