If you have been injured by a vehicle as a pedestrian, or someone you love was killed as a pedestrian, you should seek legal action to receive the compensation you deserve. No matter the severity, getting in a pedestrian accident is an extremely traumatic event, and if it’s severe, it can be an expensive incident. As soon as possible, you should begin to search for legal help.
When you choose our team at JD Haas & Associates, PLLC, we will take the time to get to know you and your case. We will go through a variety of steps to determine who is at fault, the damages you suffered, and more.
Here, our experts will discuss this process in depth so you can see we are the best choice for you in your personal injury case.
You’ve Been Injured By a Car as a Pedestrian: Now What?
When most people think of auto accidents, they think of accidents involving two or more cars. Perhaps it’s because we’ve had it drilled into our heads in driver’s ed that pedestrians have the right of way that we default to such images.
But pedestrian accidents can and do happen, and knowing your rights as they pertain to them is important – it can save you heaps of legal trouble in the future and perhaps even help you land a settlement.
Who Is at Fault: You or the Driver?
Before your case can proceed, we need to determine who was at fault for the incident. If the driver of the vehicle was at fault, you are more likely to receive compensation and win your case.
However, if you were at fault, it would be difficult to make any headway in the case. We consider a variety of factors in the accident.
Some of these factors include:
Did the driver miss a traffic signal, such as a red light?
Was the driver on his/her phone?
Was the driver under the influence?
Did you ignore a traffic signal and walk into traffic?
What Must Happen for a Pedestrian Injury Case to Be Viable?
In Minnesota, there needs to be a direct relationship between the operation of a motor vehicle in order for you to get a settlement with the help of a personal injury lawyer.
In other words, a person cannot trip on the sidewalk, injure themselves, and blame a car that was already a quarter-mile away; The operation of the vehicle must directly cause the injury.
If this occurs and is proven, pedestrians may recollect what’s known as BELs – basic economic loss benefits. Like other cases involving an injury attorney, these benefits can cover funeral expenses and lost income.
How Do We Determine Damages for Personal Injuries?
The damages, in any case, are used to compensate the person not at fault for the pain and suffering the other party went through. As soon as the fault is determined, your legal team will begin seeking damages.
Examples of damages include compensation for:
The pain and suffering you endured, whether it was minor or extreme
Losing enjoyment in your life if your life was dramatically altered
Past, current, and future medical expenses
The wages you lost or may continue to lose as a result of the accident
After your legal team has determined who is at fault and what damages you could seek compensation for, the process will begin, and your case will eventually be settled.
How Can You Get the Largest Settlement Possible?
Simple: You hire a personal injury attorney. Regardless of whether you settle with insurance, take it to court, or pursue arbitration (a process that we cover in All You Need to Know About Arbitration in Car Crash Cases), the process can get long, hard, and complicated.
There’s a reason lawyers must school extensively to practice; The legal system is one best navigated with the help of an experienced guide. When it comes to pedestrian accidents, a car crash injury lawyer can help establish liability and better assess the fairness of an insurance company’s offer.
They don’t just go to court – though that’s something that any injury lawyer would be more than willing to do.
Pedestrian Accidents That End in Wrongful Death
It shouldn’t have happened. Your loved one shouldn’t have died crossing the street. You’re blown away and racked with grief. Why here? Why now? And is there anything you can do to ease the horrible agony and stress you must feel?
JD Haas is here to help you through this challenging time. Losing a loved one is never easy under any circumstances, but when that loss is unexpected, it becomes even harder to process. As wrongful death lawyers, there’s little we haven’t seen as far as emotions go. When you partner with us, you’ll be met with a team of gentle, sympathetic, and caring people who want to support you on the emotional level as well as the legal one.
We set ourselves apart from our fellow wrongful death attorneys in our vow to always practice compassion alongside law. We work hard to help you through your case, no matter what you’re dealing with mentally or emotionally.
What to Know Before Seeking Consultation
Have you considered seeking legal help for your loved one’s wrongful death case? If they were a pedestrian walking on the sidewalk or near roads and certain circumstances occurred that meant they died unjustly, they could be eligible for financial compensation.
You might feel a little unsure about taking legal action after the death of a loved one, regardless of how strongly you feel about that loved one having died unjustly. Perhaps you think the process will cause more exhaustion than it’s worth, or maybe you know that no amount of money gained from such exertions can replace the life that was lost.
We agree with the latter; Money cannot replace life. However, it can pay for a memorial and replace wages that may have been lost along with your loved one, easing the financial hardship that can come with an untimely death.
At JD Haas, we offer free case evaluations to anyone in need. We can tell you if your pedestrian-related case is worth pursuing further, saving you time, money, and stress. Considering coming in for one of those consultations or submitting the corresponding online form with us?
Here’s what you need to know about pedestrian-related wrongful deaths.
Pedestrian Wrongful Death Laws Are Complicated
All law is complex, but this area can be particularly tough, and that’s all the more reason to seek out a reputable injury lawyer to help you through. For instance, we’re told in driving school that “The pedestrian always has the right of way.”
While this is an excellent attitude to have when it comes to teaching courteous driving, it fails to acknowledge that pedestrians, just like drivers, have responsibilities when it comes to road usage. Jaywalking, for example, is extremely dangerous for both pedestrians and drivers, hence why many states have laws in place that penalize it.
To push a wrongful death case in your favor, your lawyer must establish what’s called liability – fault in the eyes of the law. In pedestrian-related wrongful death cases, you typically must prove a driver was negligent, reckless, or under the influence of a substance. However, additional situational factors may help determine liability, so it pays to seek the assistance of a high-end injury attorney who can assess your potential case from multiple angles.
Other things to consider before seeking legal help for a pedestrian-related wrongful death.
Accidents With Pregnant Passengers Are Even More Complex
Do you want to initiate a wrongful death case for the death of an unborn child? If your loved one was pregnant when the death occurred, you might be hurting from the loss of the unborn child, too.
State law dictates whether or not charges can be pressed for this situation; A reputable wrongful death attorney will be able to advise you of the best state-specific course of action.
Some Personal Injury Lawyers Specialize in Wrongful Death Cases
Is the law firm you’re considering experienced in this area? A general personal injury lawyer just won’t cut it. Your lawyer should have specific knowledge about pedestrian-related wrongful deaths, ideally having worked on such cases before.
It’s an intricate, multifaceted area of law that’s best navigated by specialists, not generalists.
You Need & Deserve Compassionate Support
Will you have the support network you need to be able to handle this legal case? At JD Haas & Associates, we strive to support our clients every second they spend in our office.
Love and care from close friends and family, and even counseling, can also help to lift the emotional weight of the situation, if only for a minute. Consider pulling this support network close before diving forward into the legal case.
Contact JD Haas & Associates Today
If you have suffered personal injury in a car accident or another incident, contact JD Haas & Associates today. Our expert team of lawyers will walk you through the process and determine the strength of your case based on which party is at fault and what damages you suffered as a result of the accident.