For a pedestrian, getting hit by a car as they are walking comes as an unwelcome surprise. Many victims are totally blindsided by drivers not paying attention or not following the rules of the road. While a victim’s first thought may be to sue the other party, it’s never wise to do so without legal help. Consider the following reasons why this is the case.
Determining Fault
Believe it or not, the driver is not always at fault in a pedestrian accident. If a pedestrian was found to be crossing against the traffic signal, outside of a crosswalk, or wandering into traffic, they could be found totally liable for the accident. In some states (including Virginia), contributory negligence laws prevent victims from collecting any damages in these types of scenarios.
If a driver is not taking responsibility, it’s best to hire an experienced Pedestrian Lawyer in Stafford VA. These types of attorneys are well-versed in the art of personal injury case investigation. A lawyer will consider traffic laws, the official police report, and even eyewitness or expert testimony and use their findings to help prove a case. Because they know the legal process well, they’ll better understand what it takes to show that the driver was clearly at fault.
Getting Compensated
When it comes to pedestrian accidents, the issue of compensation can be quite complicated. To come up with a fair settlement amount, an insurance adjuster will take injury severity, lost income, required medical treatment, and the impact of the injury on daily activities into account. Many insurance adjusters want to quantify this number and then multiply it by a number between 1.5 (for minor injuries) and 5 (for more severe injuries) to determine a fair settlement amount. However, what if this number is too low? Not only will a Pedestrian Lawyer in Stafford VA, come up with a better settlement amount, they’ll assist with negotiations with the insurer to make sure the rights of all parties are being upheld.
Getting hit by a car as a pedestrian is scary, but not knowing where the money will come from to pay medical bills and expenses can be even scarier. Victims of these types of accidents should be sure to speak with a Pedestrian Lawyer before they take any legal action in order to give themselves the best chance of a successful outcome.
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