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Personal injury – Pedestrian Accident Laws

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Personal Injury Lawyer Albuquerque Directory

Pedestrian accidents happen with far more frequency than you d think. More than 5,000 pedestrians are killed each year, and another 80,000 are injured. And, because pedestrians have no protection, when they are in an accident with an automobile, the pedestrian generally suffers the greatest loss.

Nearly fifty percent of the pedestrian accidents that result in death occur between the hours of 3pm-4pm. This is the time when most schools are letting their students out, and children are often the victims because they are less visible, and more apt to dart out in front of a car.

As you might expect, there are more pedestrian injuries in heavily populated urban areas. But the ratio of pedestrian death to injuries is actually higher in rural areas because cars are often traveling at higher speeds.

Your first thought about an accident involving a pedestrian would be to blame the driver. If they disregard a stop walk, disregard traffic signs, are speeding or driving while under the influence, distracted, passing a school bus, texting or talking on a cell phone, they will be held liable for the accident.

But the pedestrian is not always right. Most accidents do not occur at intersections where there are designated crosswalks.

If a pedestrian ignores designated crosswalks, traffic controls, jay walks, darts out in front of a vehicle, or walks on limited road accesses, they will have a difficult time recovering costs for any personal injuries they incur.

This is further complicated by the belief among members of law enforcement and the public that walkers and runners are often in places where they shouldn t be.

Personal injuries in pedestrian accidents are often very severe and the resultant costs can be very high. For this reason insurance companies take a very hard look at the circumstances surrounding these injuries. They want to limit their payout and will dispatch teams of lawyers, insurance agents, investigators etc. to try and reach a quick settlement. Their purpose is to avoid future financial responsibility.

It can take months to completely assess the extent of the person’s injuries. This can involve future medical expenses, lost wages and other damages. Insurance companies know this and a quick (and relatively cheap) settlement will relieve them of any future responsibility.

Very often the victim of a pedestrian accident is not able to immediately give their side of the story because they were too badly injured to do so. In this case the investigating police officer will only hear the story of the driver of the vehicle, who will most always tell the story to favor his own position.

As indicated earlier, children are often the victims in pedestrian accident cases. Handling a child’s personal injury claim requires a much different strategy than cases involving an adult. They don t have the ability to fully understand the circumstances and there is always a desire to insulate them from the judicial process.

As you can see, pedestrian accident claims can be very complex and difficult to prove. This is why having the services of an experienced personal injury attorney is essential. They will give you, by far, the best chance of receiving a proper settlement.

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Personal injury – Pedestrian Accident Laws