Going for a walk is the healthiest thing that many of us do all day. Fresh air, exercise, and endorphins are all essential to physical and mental health. But walking isn’t without risks, especially in cities and high-traffic areas. As the number of cars, trucks, motorcycles, and bicycles on city streets increases, so does the risk of pedestrian injury accidents. If you are injured in a collision with one of these vehicles while walking, should you sue?
This is a question our firm receives frequently, some of the things to consider is of course is the severity of the injury. Also, if you will miss time from work? If you medical expenses will be ongoing? How much this accident will impact your life now and in the future? These questions and many others should be considered when deciding whether of not to file a lawsuit.
Struck by a Motor Vehicle?
When a pedestrian is struck by a car, truck, or motorcycle, legal liability will depend on whether or not the motor vehicle driver was negligent. How can you illustrate driver negligence? If it can be proven that the driver was speeding, failing to obey traffic signals, or distracted or intoxicated, you have a good chance of obtaining compensation for any injuries that were a direct result of the accident. How can you prove these things? It’s not always easy, but detailed information, witness testimony, police reports, and photographs can help your case immensely. Photograph the scene of the accident and any injuries you sustained from multiple angles, and do the same with property damage to the vehicle and any surrounding property.
Struck by a Bicycle?
Although not usually as serious as motor vehicle-pedestrian collisions, bicycle-pedestrian collisions can still result in injuries. As cycling grows in popularity – for much the same reasons as walking – so do accidents involving bikes and pedestrians. Similar to collisions involving motor vehicles, injured pedestrians must show negligence on the part of the cyclist to have a successful claim. If a cyclist was disobeying traffic signs or signals, intoxicated, or distracted due to texting or talking on the phone, you may be able to show that his or her negligence caused the accident. Continue reading