While many accidents on the road involve one or two vehicles, many others involve vulnerable pedestrians. Injuries in pedestrian accidents might be very harsh, and an attorney can help you fight for the fair compensation you deserve.
In general, severe injuries should be accompanied by high damage and significant financial compensation. Medical bills, your income, emotional damages, and future losses should all be heavily scrutinized. In many cases, injured pedestrians sue only the driver who hit them. However, you might sue multiple drivers if they each somehow contributed to the crash. Alternatively, other parties, like the local government, might be responsible. When seeking financial compensation, many injured pedestrians often start with an insurance claim. Since insurance may be inadequate, or the defendant might be uninsured, you should file a lawsuit to recover additional damages.
Call (844) 876-4357 to arrange for a free review of your case with our pedestrian accident lawyers at Howe Law.
How Your Injuries in a Pedestrian Accident Affect Your Damages in Huntsville, AL
Damages reflect the losses, expenses, and injuries you sustained because of your pedestrian accident. While some of your injuries will be more obvious or significant than others, our pedestrian accident attorneys will examine and account for all injuries and losses so they can be evaluated.
A sizeable portion of your damages will be directly connected to your bodily injuries. Bodily injuries require medical care, and medical care is not cheap. Even minor injuries might rack up bit hospital bills, especially if you do not have health insurance. Since pedestrian accidents are known for serious injuries, your medical expenses may be quite high, and your damages should be significant.
You must also think about how your injuries caused you pain and suffering. Not only might the physical pain be excruciating, but many pedestrian accident victims report psychological scarring or trauma. Perhaps you have an unshakable fear of being in another accident that prevents you from living your life. You should discuss the emotional toll your accident took with your attorney.
Since injuries are likely serious, there is a good chance that injured pedestrians have to take time away from work to recover. As a result, they might lose wages and income, making it harder to pay for medical bills and make ends meet. Your lost income should be calculated and added to your overall damages.
We can also argue for future costs and expenses. For example, you might need extensive medical care that is slated to last for a long time. We can claim the medical bills you have already incurred in addition to the future medical costs of your care. The same goes for lost income. If you cannot return to work for a long time, your lost future income should be factored into your damages.
Whom You Can Sue for a Pedestrian Accident in Huntsville, AL
Deciding whom to sue after a pedestrian accident is harder than many realize. While suing the driver who hit you is the obvious choice, other parties might also bear responsibility. An attorney can help you determine which parties should be held accountable for your injuries.
While the driver who actually struck you should be held liable, there might be other drivers who should also be held liable you might not be aware of. Accidents are often complicated, and some of them are the result of negligence from multiple drivers. One driver’s negligence might cause another negligent driver to hit in a sort of domino effect.
For example, one driver might be speeding and crash into another driver because the other driver’s taillights were out, and that other driver might then hit a pedestrian crossing the street in front of them. In such a case, both drivers might be held liable.
You should also consider the possibility that the driver that hit you was not at fault. For example, suppose the driver that was rear-ended in the above example had working taillights, meaning they were not negligent. In that case, only the driver that struck them, causing them to strike you, might be solely responsible, even though they did not hit you directly.
A Driver’s Employer
If the defendant driver was on the job when they hit you, their employer might be vicariously liable for your injuries. Employers may be held liable for negligence by their employees if that negligence happened while they were working. This often does not apply to people commuting to work, taking a break from work, or driving off-duty.
Often, the above rule applies to people who drive for a living. For example, if you were hit by a taxi, bus, or delivery van, the driver’s employer may be held liable in addition to the driver. The rule might not apply to people who were not acting in the course of their job when they hit you, like an off-duty cab driver.
In some cases, pedestrian accidents are the result of poor infrastructure, and the government might be responsible. For example, your accident might have happened because of busted traffic signals at a crosswalk, confusing road signs, or poor street designs. In these cases, the government is responsible for the unsafe conditions that caused your accident.
Generally, claims against the State of Alabama are barred because of state immunity. However, you might have an easier time suing the local government, like the county or city. According to Ala. Code § 11-47-23, all claims against municipalities or state agents must be filed within 6 months of the accident, making for a very short turnaround. Speaking to a lawyer as quickly as possible is wise so you do not lose this claim.
Call Our Pedestrian Accident Lawyers in Huntsville, AL About Your Case
Call (844) 876-4357 to schedule a review of your case at no cost with our pedestrian accident attorneys at Howe Law.