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What to do in case of pedestrian accident – Should you file a claim?

The main problems on the road are how to keep pedestrian accidents. The reason for that is quite logical: they don't have protection as car passengers and drivers do, nor they wear helmets. According to numerous statistics, every single year 5 thousand people die from pedestrian accident in the USA base on National Highway Traffic Safety Administration. That includes people who jog, walk, hike or run along the road. 

If you get injured by cars, motorcycles or trucks, you can easily file a claim against the driver that you. Typically, you have to show that driver was unaware and negligent in order to win at a court. All vehicle drivers have to watch out pedestrians with reasonable care and to avoid any risk to harm others when they are on the road.


However, drivers can easily be distracted, fatigued, drunk or in some inadequate mood that could cause a pedestrian accident. In case that driver's failure and error cause pedestrian injury, that is considered as negligent.

If you are walking on the street where you shouldn't be, that is your fault and you should take care of yourself. If a driver hit and run, the police will try to identify and locate the driver, but there are numerous cases where they couldn't do that. 

What should you do after an accident?

If the pedestrian was injured by a driver who violated safety statue, you should choose a pedestrian accident lawyer in order to sue him/her for negligence. However, not every state will recognize the doctrine of negligence. However, if you interfere with the plaintiff, you as a violated person should be taken care of by law. 

What if the pedestrian was guilty?

Most people assume that drivers always fault for an accident. However, there are cases where pedestrians walked right of way, and they are partial to blame for an accident. You have to find a perfect way to blame a pedestrian who is injured. When a pedestrian crosses the street outside the sidewalk or walking on a highway in the drunken state, that is the moment when pedestrians are prohibited and cannot win in any court.

Shared fault

There are cases when diver and pedestrian share fault and that is considered as comparative negligence. In the pure state, the pedestrian ability to recover will be based on his percentage of fault.

Wrongful death

When a driver kills a pedestrian, hers or his family can sue dependent for wrongful death. Of course, rules depend on the type of lawsuit and state where you live in, but in most cases, if you can prove that driver was negligent, you will win and the driver has to pay additional amount and even go to prison.

Conclusion

Law has always two sides, and that is the main reason why you should check every single fact with your attorney before you decide to sue anyone. It can easily become the problematic moment that could capture you also as the guilty side.  

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