Pedestrian Injury Accident – Should You Sue?

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.

Pedestrian Accident Statistics

  • More than 4,730 pedestrians were killed in traffic collisions in the US in 2013
  • In the same year, more than 150,000 pedestrians received emergency department treatment for non-fatal injuries
  • Pedestrians have a 1.5 times greater chance of being killed in collisions than occupants of motor vehicles
  • In 2013, pedestrians age 65 and over accounted for about 19% of pedestrian fatalities
  • In 49% of traffic crashes resulting in pedestrian death, alcohol was a factor
  • The majority of pedestrian accidents occur at night, in urban areas, and in non-intersection locations

Altman & Altman, LLP – Boston’s Premier Personal Injury Law Firm

At Altman & Altman, LLP, our skilled legal team has been protecting the rights of accident and injury victims for more than 50 years. If you have been injured in any type of accident, our experienced legal team can help. You may be entitled to compensation for medical bills, pain and suffering, lost wages, and other associated costs. If another’s negligence played a role in your injuries, you should be given the opportunity to recover those damages. Our attorneys have an impressive track record of obtaining compensation for clients. Contact Altman & Altman, LLP today for a free and confidential consultation about your case.


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