Take a stroll down the streets of Council Bluffs, and the chances are high that you’ll run into endless residents and even possibly tourists enjoying all that the city has to provide.
The constant hustle and bustle of Council Bluffs is one of the many things that draw so many pedestrians to the streets. However, busy streets pose a danger to pedestrians, and with this lively activity comes the risk of sustaining serious injuries as a pedestrian.
If you or a loved one has sustained an injury after a pedestrian accident, you may qualify to seek financial compensation for your injuries with the help from a Council Bluffs pedestrian lawyer. At Berry Law, we’re on standby, ready to assist you.
Reasons to Hire a Pedestrian Accident Lawyer from Our Law Firm
Often, injured parties of pedestrian accidents believe their case is simple enough to handle on their own without an attorney’s help. Even when it’s obvious that the driver was at fault, being hit by a car does not mean that the insurance companies will pay you what you need.
Having Legal Support During Recovery
You may be too injured after being hit by a car to balance legal matters and monitor your health. It’s not uncommon for an injured party to sustain broken bones and brain trauma, preventing them from leaving the hospital or their home for extended periods of time.
If the insurance company does not provide the right type of settlement, our personal injury attorneys in Council Bluffs can handle your claim in court. In other words, we want to assure you that we’ll handle the legal process while you focus on recovering.
Having the Right Help to Identify All At-Fault Parties
In certain instances, insurance adjusters may contest claims, arguing that the injured party was not at fault. Our team of pedestrian accident attorneys is dedicated to disproving such claims and establishing the driver’s liability for your injuries.
We will conduct a thorough examination of the evidence, engage with witnesses, and present credible information to fortify your case. Even in scenarios where shared responsibility exists, such as jaywalking while the driver was texting, our focus is on substantiating the driver’s negligence.
Why Council Bluffs Pedestrian Accidents Happen
While there are many things that you can do to keep yourself safe; sadly, not every accident is within your control. Human and outside forces play a role in why accidents happen. To get a better idea if we may be able to help you, below are some common causes of pedestrian accidents that may require legal assistance:
Speeding
Speeding is one of the most dangerous driving behaviors, and it’s also one of the most common. Speeding consistently ranks as one of the leading causes of traffic fatalities in the United States.
Poor Visibility
Not all accidents happen because of recklessness. Poor visibility can make it difficult for drivers to see hazards in the road.
Variables that may affect visibility include:
- Weather, including rain or fog
- Blind curves
- Lack of lighting
- Physical items blocking the driver’s view, including trees, buildings, and parked cars
- Nighttime conditions
Failure to Yield the Right of Way
While most drivers stop for pedestrians, accidents can happen when a driver runs a red light or fails to look before turning onto an adjacent street.
Distracted Driving
According to the Centers for Disease Control and Prevention (CDC), approximately eight people die every day due to a distracted driver. A driver is guilty of distracted driving when they participate in any activity that takes their attention off the road.
These activities include the following:
- Talking or texting on the phone
- Looking back at or talking to passengers in the vehicle
- Adjusting the radio
Unfortunately, this behavior can make driver behavior very unpredictable. Signs of a distracted driver include sudden braking or acceleration, swerving, and reckless behavior.
Types of Injuries That Result from Pedestrian Accidents
Pedestrian accidents can lead to catastrophic injuries. It’s important to understand that injured pedestrians are not typically financially responsible for their injuries’ costs. Possible injuries after a pedestrian accident include the following:
Traumatic Brain Injuries
The brain is one of the body’s most vital organs. It’s what makes us, us. As such, a serious injury can cause tragic consequences. While some brain injuries are immediately apparent, others progress as the brain begins to swell. This is why it is always important to seek medical attention after any severe injury, particularly if you think you may have hit your head.
Common symptoms of traumatic brain injuries include the following:
- Headaches
- Dizziness
- Loss of consciousness
- Confusion
- Fatigue
- Memory problems
If you experience any of these symptoms or any other signs that something is wrong, contact a medical professional right away.
Spinal Cord Injuries
The spinal cord relays messages to and from the brain throughout the rest of the body. A spinal cord injury can occur when the neck or back sustains a serious injury. For pedestrian accidents, this can happen from the force of the vehicle’s impact or a fall to the ground. Like brain injuries, the symptoms of a spinal cord injury may not appear right away, so take care immediately following a pedestrian accident.
In most cases, spinal cord injuries lead to permanent paralysis. The degree of paralysis depends on the injury’s location, which may affect one or both sides of the body.
Some of the most common symptoms of a spinal cord injury include the following:
- Extreme neck or back pain
- Difficulty moving or walking
- Numbness or tingling in your limbs
- Difficulty breathing
- Loss of bowel or bladder control
Soft Tissue Injuries
One of the most common pedestrian injuries is road rash. Road rash occurs when the body scrapes across the ground, causing lacerations, bruising, and abrasion. One of the biggest concerns with road rash is the risk of infection. In some cases, your doctor may suggest antibiotics or skin ointment. In severe cases, you may require surgery or skin grafts to repair or replace the skin.
Other common soft tissue injuries include sprains, strains, tears, and disc injuries. In most cases, these injuries will heal with very little medical intervention; however, your doctor may suggest physical therapy, massage, medication, or chiropractic treatment to help with the pain.
Mental Health Injuries
Pedestrian accidents are often traumatic experiences. It is not uncommon for accident survivors to have difficulty coping with the events of an accident. After an accident, you may experience depression, anxiety, or post-traumatic stress disorder (PTSD). Mental health injuries are just as serious as physical injuries, so seek care if you are suffering. Treatment options may include therapy, medication, or other natural remedies.
Signs to look out for include the following:
- Constant worry
- Feelings of low self-worth or hopelessness
- Trouble sleeping
- Flashbacks
- Nightmares
- Difficulty concentrating
- Suicidal thoughts
If you experience any of these symptoms, contact your healthcare provider, then call us.
Broken Bones
Fractures are common after a traumatic accident. To prevent further injury, do not attempt to put weight on your limbs if you suspect a broken bone. In some cases, you may notice the bone protruding from the skin; this is an open fracture and a sign you need immediate medical attention. However, not all fractures involve visible signs of injury. Use caution if you experience extreme pain, difficulty moving, swelling, or hear a crunching or grinding noise.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
The Value of a Pedestrian Accident Claim in Iowa
The level of your injuries and the cost of your medical care have a significant impact on the amount of compensation you are entitled to following a pedestrian accident. Not all injuries are compensated equally, but the following injuries have the potential to increase your payout:
- Traumatic Brain Injury (TBI)
- Broken bones
- Spinal cord injury
- Internal bleeding or organ damage
- Paralysis or disfigurement
Minor injuries have less recovery time and don’t require much medical treatment, so whiplash and scrapes generally receive less compensation. There is no set range for how much certain injuries are worth in a settlement, but the following factors are considered when calculating your amount:
Medical Costs
The price of hospital stays, surgeries, physical rehabilitation, prescription drugs, and other medical expenses are just a few examples.
Lost Salary
This includes diminished wages from work hours being reduced, future lost pay, and changes in benefits when your injuries prevent you from returning to work partially or even completely.
Pain and Suffering
Accidental injuries to pedestrians frequently cause excruciating pain. If your injuries cause nerve damage, this physical anguish may endure a lifetime.
Emotional Stress
Injured parties may report anxiety, depression, or post-traumatic stress after experiencing an auto accident as a pedestrian. While the payout for this is subjective, seeing a therapist may help to calculate the extent of your emotional trauma. It’s essential to consult with a Council Bluffs pedestrian accident lawyer regarding your injuries sustained in order to strengthen your case and raise the amount of your settlement.
Where Do Pedestrian Accidents Occur in Council Bluffs?
Unsurprisingly, intersections are a common location for pedestrian accidents. Some of the intersections that may lead to pedestrian accidents in Council Bluffs include the following:
- I-80 and Exit 54
- I-80 and Exit 48B
- 16th Street and Broadway
- Madison Avenue and 10th Street
Furthermore, roads with a lot of traffic are also more likely to see pedestrian accidents. Some of the busy roads in Council Bluffs include the following:
- I-80
- Council Bluffs Bypass (Highway 75)
- Broadway
- McLane Street
Areas with poor visibility, such as those with overgrown vegetation or inadequate lighting, can also be dangerous for pedestrians.
Assigning Liability for Pedestrian Accidents in Iowa
In a pedestrian accident case, the liable party will be the person or entity most responsible for causing the collision. The driver who hit you is the most obvious party to blame, but comparative negligence may find you partially responsible as well. If a Plaintiff is determined to be 51% or more at fault, that person is not entitled to a recovery.
However, if the driver was texting and driving, speeding, running a red light, or failing to yield to you, they could be held liable for your injuries. We’ve also seen rare cases in which the City of Council Bluffs is possibly liable due to a defective sidewalk, poorly designed crosswalk, or a broken traffic light.
Our personal injury attorneys can conduct an investigation into your collision case to assist you in determining liability.
Do You Need an Attorney for Your Pedestrian Accident Case?
John S. Berry , Pedestrian Accident Lawyer in Council Bluffs
If you choose to defend yourself against the other party, there’s a chance that you may be offered a small settlement for your pedestrian accident claim. Contact our Council Bluffs pedestrian accident lawyers who can advise you on whether or not the insurance company’s offer is reasonable.
At Berry Law, we provide legal representation to communities of Iowa and are on standby ready to help you. Whether it was you or a loved one injured in a pedestrian accident, call us at (712) 217-2177 for your free initial consultation with us when you’re ready.
