You have suffered an injury because a driver hit you while you were walking. The injuries that you suffered required extensive medical treatment, which has kept you from work. Your bills are piling up. The responsibilities you had before the accident have not decreased. A negligent driver caused all of this chaos. You just want it to end, but where is the finish line?
If you have suffered an injury in a pedestrian accident, you are probably looking for a light at the end of the tunnel. A pedestrian accident attorney can avoid delays as you pursue the financial compensation you deserve.
Continue reading to learn how long a pedestrian accident claim might take.
No Guaranteed Timeline
There is no guaranteed timeline for when any civil action will settle. Facts and surrounding circumstances can influence the speed at which a pedestrian claim settles, but no one can give you a hard deadline.
How Common Are Pedestrian Accidents?
Unfortunately, pedestrian accidents are common nationwide. According to the National Highway Traffic Safety Administration (NHTSA), nearly 70,000 pedestrians are injured in traffic accidents each year across the country. In large cities, pedestrian accidents represent about 80 percent of all traffic accidents. Accidents typically happen on crosswalks, making up 74 percent of all traffic accidents.
Further, pedestrians are particularly vulnerable to severe injuries in traffic accidents. More than 7,000 pedestrians do not survive their accidents. Pedestrian accidents lead to a higher percentage of fatalities than any other type of traffic accident. Those who survive might face lifelong impairments and medical care.
Common Injuries in Pedestrian Accidents
While no two pedestrian accidents are the same, all pedestrians are vulnerable to many serious injuries. Pedestrians are at great risk of harm because they travel the same streets as passenger vehicles and commercial trucks while being much more exposed. Some of the most common types of injuries that pedestrian accident victims face include the following.
- Broken bones
- Soft tissue injuries
- Rib fractures
- Shoulder dislocation
- Spinal cord damage
- Traumatic brain injuries and concussions
- Neck injuries
- Skull fractures
- Road rash
Common Causes of Pedestrian Accidents
Pedestrian accidents happen when drivers are negligent. Negligent driving takes many forms, like distracted or fatigued driving and driving under the influence of drugs or alcohol. Examples of why pedestrian accidents happen include the following:
Distracted Driving
Distracted driving happens when a driver takes their hands off the wheel, their eyes off the road, or their attention away from driving. A driver can cause a serious collision with a pedestrian even after a moment of distraction.
Fatigued Driving
Fatigued driving is a major issue in the trucking industry. Truck drivers may bend to the pressure to make timely deliveries, so they sacrifice sleep. A sleepy driver can easily cause a massive traffic accident.
Driving Under the Influence
Driving under the influence of drugs or alcohol is always negligent. An intoxicated driver makes the road unsafe for everyone, especially pedestrians. Pedestrians are at a greater risk of injury or death if they encounter a drunk driver. The lack of coverage can lead to serious injuries and risk of death.
Failure To Yield to Pedestrians
Drivers are responsible for yielding to pedestrians. Failure to yield to pedestrians can cause serious accidents. Traffic laws are put into place to protect everyone on the road, including pedestrians. When drivers violate traffic laws, they risk pedestrians' lives.
Poor Visibility
Sometimes, accidents happen because of poor visibility. The way that some roads are designed creates poor visibility. If poor road design leads to poor visibility and, therefore, an accident, you might have a claim against the government entity responsible for road upkeep. Pursuing compensation after a crash caused by poor visibility can be difficult. A pedestrian accident attorney can explain your rights to recover compensation from a government entity.
No matter the cause of the accident, an attorney can identify your legal rights and pursue the compensation you deserve. Contact an attorney immediately if you have been injured in a pedestrian accident.
What Factors Affect The Length of My Settlement?
Many factors affect the timeline for settling a pedestrian accident claim. It is important to examine the details of your case to get an estimated timeline for settlement. Consider how the following factors might affect the timeline of your case.
Insurance Company Cooperation
A surefire way to delay a pedestrian accident claim is to encounter an uncooperative insurance company. Insurance companies know that delaying communication with an accident victim can delay a settlement. Insurance companies use other bad faith tactics to delay the settlement process, including:
- Unsatisfactory and unreasonably low settlement offers
- Failing to respond to calls, emails, or other correspondence
- Denying legitimate claims
Hiring a pedestrian accident attorney can help protect you from an uncooperative insurance company. Your attorney can communicate with the insurance company on your behalf. If the insurance company continues to act in bad faith, your attorney can file a lawsuit for you to prompt the insurance company to stop its typical tactics.
Severity of Injuries
The severity of a pedestrian accident victim’s injuries can affect the speed at which their case is resolved.
A claim involving relatively minor injuries might resolve much faster than a claim with more serious injuries. Soft tissue injuries, bruises, cuts, and sprains typically heal quicker than other injuries. Medical expenses are also cheaper, especially because treating them does not require extensive long-term care.
Claims involving major injuries, however, are usually more complex. The more serious your injuries are, the more expensive the medical treatment. Major injuries can require extensive medical treatment, such as rehabilitation and physical therapy. The insurance company will likely fight to avoid paying more expensive medical bills.
Investigation And Gathering Evidence
A thorough investigation and gathering of pertinent evidence can delay the final resolution of a pedestrian accident claim. An accident victim needs as much evidence as possible to help support their case. Examples of the types of evidence required can include the following.
Photos and Traffic Camera Footage
Pictures and videos help insurance companies and juries understand your case. Pictures of your injuries can help them appreciate the severity of your injuries. Traffic camera footage can help prove who was at fault for causing the accident.
Police Report
It is important to get a copy of the police report. The police report will likely be the first time that you will get an independent narrative of how the accident happened.
Accident Reconstructionist
An accident reconstructionist can analyze the scene and collect evidence to help prove your case. They are most beneficial in complex cases and when there are disputes of liability.
Witness Statements
Eyewitness statements can help corroborate your account of the accident. A pedestrian accident attorney can contact and interview potential witnesses.
Liability
The liable party is responsible for paying for the other party’s damages. Determining liability is a crucial part of a pedestrian accident claim. The speed at which your case is settled can be affected by determining liability.
When Liability is Undisputed
When liability is clear and undisputed, settling the case can move forward quickly. There are some cases where liability is clear, but other factors can put off a final settlement or judgment.
When Liability is Disputed
When liability is unclear, the timeline for settlement can be much longer than when liability is clear. When both sides are fighting over liability, investigating the case can take a significant amount of time. Any dispute about liability can also prompt the insurance company to offer low-ball settlement amounts.
General Pedestrian Accident Claim Process
No two pedestrian accident cases will work the same way. Here is a general idea of the process of a pedestrian accident case.
Gathering Evidence
One of the first steps to resolving a pedestrian accident claim is gathering relevant evidence to help prove your case. After hiring a pedestrian accident lawyer, they will take the lead and collect the hard-to-get evidence you need to prove your case.
Medical Treatment
The first thing you should do after an accident is seek medical treatment. There are several reasons why you should see a physician and get a full medical evaluation, but the most important reason is to protect your physical well-being. Always attend follow-up appointments and follow your doctor’s treatment plan perfectly.
Negotiations
Many accident cases are resolved in negotiations. The negotiation process typically includes the victim, their legal representation, and an insurance adjuster. Insurance adjusters work for the insurance company, not you. Having your own representation is important to ensure you get full and fair financial compensation.
Drafting And Sending a Demand Letter
A demand letter is a document sent to the insurance company and defense counsel that outlines the harm done to you because of the accident. Your demand letter is also an opportunity to request compensation for your injuries. Therefore, a pedestrian accident case might be resolved with a demand letter if the insurer responds favorably.
The contents of a demand letter typically contain some version of the following facts:
- Current and future medical expenses
- Current and future lost income
- Lost earning capacity
- Scarring and disfigurement
- Pain and suffering
- Disability
- Reduced and lost quality of life
- Out-of-pocket expenses
- Property damage
Filing a Lawsuit
When the insurance company refuses to offer a satisfactory settlement, you may choose to take your case to trial. Going to trial, especially for the first time, can feel overwhelming. Having an attorney represent your interests and advocate on your behalf can significantly reduce your anxiety.
Receiving Funds
After a settlement or verdict is reached, the insurance company typically sends the check to your attorney. Speak to your lawyer about any arrangements for payment for legal services and expenses. Attorneys usually write you a check for the remaining balance.
Can a Pedestrian Accident Lawyer Help Me Avoid Delays?
Unfortunately, insurance companies treat unrepresented accident victims poorly. Such claimants might also be the victims of bad faith tactics from insurance companies. An attorney can avoid these practices by communicating with them on your behalf, protecting you from bad faith tactics.
Collecting evidence that will help prove your case can be difficult under certain circumstances. For example, getting traffic camera footage can be hard for individuals. An attorney might have easier access to this type of evidence than you have alone.
If an insurance company refuses to offer you a fair settlement, you might file a lawsuit. No matter what state you file in, there are specific procedural rules that every party must follow, or they risk losing their case. An attorney will protect your right to pursue your case by ensuring that you follow all procedural rules.
How Long Do I Have To Sue After a Pedestrian Accident?
Time is of the essence when pursuing a civil action. Plaintiffs do not have an unlimited amount of time to file a lawsuit. Every state has a statute of limitations with which litigations must comply. Your attorney will identify and comply with the statute of limitations.
How Much Is My Pedestrian Accident Claim Worth?
Just like with the overall timeline of a pedestrian accident claim, there is no guarantee that you will collect a specific dollar amount. However, many factors affect the potential final settlement or verdict amount of a pedestrian accident. Some of the factors that influence the value of your claim include the following:
- The strength of the evidence
- Severity of injuries
- Insurance policy limits
- Determination of liability
It is unwise to guess about the value of your pedestrian accident claim. Instead of comparing your claim to other similar cases, consult a pedestrian accident lawyer. Speaking to an attorney gives you access to a professional opinion about the estimated value of your claim.
Contact A Pedestrian Accident Attorney Today
If you or a loved one has been injured or killed in a pedestrian accident, contact an attorney immediately. Your legal team will protect your rights and answer any questions you may have about your case. No more wondering if you are getting what you deserve. Do not delay. Contact a personal injury lawyer today.
Pierre Prialé
Founder and CEO
Over the course of his career, Prialé has handled approximately 2,000 criminal defense and traffic cases, including DUI, reckless driving, weapons charges, and personal injury cases. His dedication to helping clients in difficult and desperate situations has earned him a reputation for being a committed and knowledgeable attorney.
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