Basics of Pedestrian Accident Personal Injury Claims

Pedestrian accidents are associated with particularly high rates of significant injuries. After all, a person without the protection of a vehicle has been hit by one. When such an accident occurs, it can be overwhelming trying to deal with the aftermath. Having a basic understanding of what your rights are with a pedestrian accident personal injury claim in Rhode Island and Massachusetts will help you decide on next steps with your attorney. This guide breaks down the basic elements of a pedestrian accident case and what you should know about filing a personal injury claim after a pedestrian accident in Rhode Island or Massachusetts. 

Damages You May Be Entitled To After A Pedestrian Accident 

If you were injured in a pedestrian accident, you have the right to pursue legal action to demand compensation for various damages. Some common types of pedestrian accident damages that you may pursue include:

• Any past or future wages lost – You may recover past wages lost while recovering from the crash, along with potential wages lost if your long-term earning capacity has been diminished
• Past and future medical expenses – Any treatment expenses incurred as a result of your injuries from the collision, such as hospitalizations, surgeries, medications, therapies, devices, rehabilitation, and at-home care
• Pain and suffering – The mental, physical, and emotional anguish incurred by injuries from your crash
• Lost property – Costs to repair or replace damaged property like canes, glasses, shoes, etc.

How Fault Is Determined

Like with motor vehicle crash personal injury claims, liability must also be determined for personal injury claims in a pedestrian accident. Insurance companies are notorious for only watching out for their own checkbooks and trying to avoid liability in order to pay out the least amount possible. Even before you get to court (if you do get there), you will need significant amounts of evidence to present to establish who is at fault, and it may be a murky area. For example, if someone gets hit stepping off the curb when there are cars clearly whizzing by in a close proximity or going too fast to stop in time, the motor vehicle may not end up being held liable for the collision. The pedestrian may be found comparatively negligent, and the insurance company may not pay out.

What does this mean? Massachusetts and Rhode Island are comparative negligence states, which means that even if the pedestrian contributed to the accident, they may still be entitled to compensation – as long as the pedestrian is deemed to be less than 51% at fault. If the pedestrian was 51% or more responsible for the accident, then they lose their right to recover compensation. 

How A Lawyer Can Help Your Pedestrian Accident Claim

The insurance company will try everything in their power to pay out as little as possible, even if you’ve been paying your premiums faithfully for years. An experienced personal injury lawyer’s job is to get you the optimal settlement you are entitled to. Some ways a personal injury lawyer can help include:

• Ensuring your doctors ordered the appropriate tests
• Gathering all necessary evidence for your case
• Advising you on every component of your claim 
• Negotiating with insurers on your behalf
• Helping you navigate the court system
• Representing you in court if a settlement fails to be reached

Contact Us Today

Pedestrian accidents can be devastating and difficult to recuperate from. If you or somebody you love was injured in a pedestrian accident, call Tapalian Law to consult with an experienced personal injury lawyer today.