Pedestrian accidents discussed on this page are incidents that involve any type of motor vehicle and pedestrians. A pedestrian is an individual is not in any for of motor vehicle or motorized mode of transportation. A pedestrian can be a person who is walking, sitting, running, riding a bicycle, a skateboard, on rollerblades, or other activity.
The law allows the victim of a pedestrian accident who is injured as a result of the negligence, recklessness, or carelessness of another to legally seek compensation and potential monetary damages.
Pedestrian accidents victims are often subjected to very severe injuries due to little or not protection from an impact from a motor vehicle. While are specific laws that are intended to protect pedestrians from harm by motor vehicles, motor vehicle operators often do not maintain due vigilance and awareness of their surroundings. Distractions such as cellular phone use, eating, changing music, and other actions while driving have lead to a dramatic increase in pedestrians being injured or killed on streets and roads throughout the country.
Pedestrian accident and injury liability claims may be resolved through mediation, a trial by judge, or a trial by jury. For the purposes of the information provided below, the "court" or "jury" will be referred to as the "court."
The first thing the court will establish is if there is sufficient evidence establishing who is at fault and who is the victim. The court will also ensure that both parties "in good faith" made every reasonable effort to resolve the pedestrian accident and injury dispute through proper negotiation and/or mediation. If the pedestrian accident and injury dispute could not be successfully resolved through negotiation and/or mediation, the court will hear relevant evidence and witnesses relating to the accident.
The court will also consider other important issues in determining appropriate compensation and potential monetary damages relating to your pedestrian accident injury case including, but not limited to:
In the event that a death has resulted from a pedestrian accident, immediate family members of the victim may seek justice in the form of a wrongful death liability lawsuit.
The Law Office of
JOSHUA E. SCHOEN, P.A.