Pedestrian Accident Attorneys in Conway
News reports are filled with accounts of the rising amount of pedestrian accidents and fatalities, and the numbers show an undeniable trend. After reaching a low point in 2009, the number of pedestrian accident fatalities has skyrocketed nationwide.
Arkansas ranks in the top third of the country in pedestrian accident fatalities per 100,000 residents, even though the state does not have as many urban areas as other states. Arkansas drivers may take far more chances because of the relative lack of congestion on the roads.
Why Pedestrian Accident Fatalities Are Increasing
There are a number of reasons why pedestrian accident deaths have increased dramatically:
- More drivers are reckless these days, a pattern of conduct that only got worse after the start of the pandemic.
- The smartphone gives drivers one more thing to distract them behind the wheel.
- More pedestrians are out on the sidewalks these days with warmer weather and a focus on fitness.
- Arkansas drivers have larger cars that have a greater chance of killing pedestrians in an accident.
Injuries in a Pedestrian Accident
Pedestrians have very little chance of walking away from an accident unscathed. If the car is traveling over 30 miles per hour, the pedestrian will likely suffer either serious injury or death. The pedestrian can also be injured by contact with the car or the pavement.
Pedestrians can suffer the following severe injuries if they survive the accident:
- Broken bones
- Severe lacerations
- Internal injuries
- Organ damage
- Spinal cord injuries
- Traumatic brain injuries
Relevant Arkansas Pedestrian Laws
Arkansas laws that motorists must follow are clear:
- Drivers must give the right-of-way to pedestrians at marked and unmarked crosswalks in an interesting when traffic signals are not in place.
- Pedestrians must wait for a green light to cross when there is a traffic signal.
- Drivers may not overtake or pass the car in front of them when they are stopped to let a pedestrian cross.
Insurance Companies May Try to Blame You
Insurance companies know they will be on the hook for a very large check because of the severity of pedestrian accident injuries. Therefore, they try to do everything that they can to escape liability. One of their favorite tricks is to try to blame the pedestrian for the accident. The insurance company will review where the accident happened to argue that the pedestrian did not have the right of way.
Even if the pedestrian does bear part of the blame for the accident, they can still receive some financial compensation. The Arkansas law allows injured accident victims to still get a settlement check when they were no more than 49 percent to blame for the crash. Still, their check would be reduced by the amount of responsibility that they bear.
As an injured pedestrian, you need an attorney to defend your actions in the lead-up to the accident to keep the insurance company from denying your claim in its entirety or unreasonably reducing the amount of your check. We will fight to defend you when the insurance company tries to point the finger at you.
How Your Pedestrian Accident Compensation Is Determined
Pedestrian accident victims face a long and difficult process after their accident. For starters, they will have significant medical bills as doctors try to stabilize their condition. Depending on the severity of their injuries, accident victims may miss extended time from work (if they can ever work again) while they recover from their injuries. At the same time, the physical and emotional effects of the accident could impose a sizable toll.
Pedestrian accident settlements and jury awards can vary dramatically between plaintiffs based on a number of factors, including:
- The severity and extent of your injuries
- The amount of insurance coverage that the responsible driver had and whether you have underinsured motorist coverage
- How hard you negotiate with the insurance company when they try to pay you less than you deserve
- Whether you file a lawsuit and a jury decides the matter
Wrongful Death Damages in a Pedestrian Accident
If you are reading this after your loved one was killed in a pedestrian accident, your family could be entitled to wrongful death damages if you can prove that the driver was negligent. Your family would be paid for their own damages that come from tragically losing a loved one in an accident, including:
- The lost wages that your loved one would have earned had they lived and continued working
- Your own trauma that comes from the sudden and unexpected loss of a loved one
- The loss of the loving relationship that you had with your family member
An Arkansas pedestrian accident attorney could advise you who can file a wrongful death lawsuit for losing a loved one. Families may need to work together when multiple people have the right to compensation from the lawsuit.
Call a Conway Pedestrian Accident Lawyer
The attorneys at Denton & Zachary have a long history of getting results for injured clients and their families when they have been injured by someone else’s carelessness. To schedule your free initial consultation, you can reach out to us online or call us today at 501-273-1695. Timing is critical when it comes to getting the legal help that you need after an accident.
Pedestrian Accident Case FAQs
What happens if the pedestrian accident injury was a hit-and-run?
You can recover financial damages against the uninsured motorist part of your own car accident insurance policy.
What happens if the insurance company denies my pedestrian accident claim?
You can file a lawsuit against the responsible driver in court, and the insurance company has a legal duty to defend its policyholder.
Can I sue a company if the driver was employed at the time of the accident?
If the driver was engaged in their job duties when the accident occurred, they are an agent of their employer, which could then be sued for the worker’s actions.