Unfortunately, collisions involving pedestrians are slowly rising around the country. These serious accidents can leave those affected out of work, seriously injured, and sometimes, in the worst cases, can be fatal. Knowing your rights and how you can get the justice you deserve for injuries that were out of your control is essential.
Our personal injury law team at Berry Law in Nebraska will fight for you and your case, properly investigating what is needed for your claim or lawsuit. Too often, those that are affected by pedestrian accidents get overlooked. If you have questions regarding your case and want to move forward in receiving maximum compensation, this article is for you.
Common Causes of Pedestrian Accidents
In pedestrian accidents, the drivers were likely acting carelessly or failing to pay attention to the road ahead, lacking the necessary safety precautions.
The most common causes of pedestrian accidents include:
- Drivings moving at excessive speeds
- Drivers failing to yield to traffic or pedestrians who have the right of way
- Drivers under the influence of drugs and alcohol
- Vehicles experiencing a system failure such as brake loss or loss of control
How Our Team Can Help Your Case?
If you have found yourself or someone you know in an accident with a vehicle as a pedestrian, you may be entitled to compensation. However, it’s important to note that such cases are difficult to combat on your own. This is why it’s recommended to speak with a personal injury lawyer as soon as possible.
Insurance companies fail to see the damage vehicles cause in pedestrian accidents, meaning they aren’t properly compensating the injured person for injuries sustained in accidents such as these.
Determining Fault of Pedestrian Accidents
It can be difficult to determine liability in pedestrian accidents. Due to the complexities of cases such as these, insurance companies will do all they can to pin the blame on pedestrians.
This is why having a skilled lawyer can make or break your case. Determining fault is easy with the help of an experienced pedestrian accident lawyer in Nebraska. We can collect evidence, interview any witnesses and bring forth liable information to make the case strong.
In general, drivers and pedestrians are expected to uphold a certain duty of care. This means that drivers must obey the rules of the road and not drive with negligence. At the same time, pedestrians are also expected to follow street rules and stay away from walking into harm.
What Is Shared Fault in a Pedestrian Accident?
Because pedestrian accident cases are complex, there is something within the legal system called a shared, or comparative, fault. Shared fault simply means that the driver and the pedestrian are both at fault for an accident. Simply put, if the pedestrian jaywalked and got hit by a car that was speeding, then both parties may share fault.
If this is the case, compensation will be split the way the court or jury sees fit. For example, if the court thinks that the driver was 60% liable and the pedestrian was only 40% liable, the awarded compensation to each party would be in conjunction with the ruling.
Compensation You Could Collect for Pedestrians Accidents in Nebraska
Similar to any car accident case, there are various damages in injury cases that one can be awarded. Some examples of the compensation one can claim includes:
- Medical bills and ongoing treatment
- Loss of income or wages
- Pain and suffering from the mental and physical problems stemming from the accident
- Emotional distress
The amount of money awarded for these categories of damages will solely depend on the injuries, the extent of the accident, and how liable the other party is.
The statute of limitations in Nebraska is generally four years. That is why it is important to contact a skilled pedestrian accident lawyer right away.
Reach Out to Our Skilled Team of Pedestrian Accident Attorneys in Nebraska
Hiring a skilled pedestrian accident lawyer in Nebraska will be the best thing you can do to focus on your well-being and recover from your injuries. At Berry Law, we can handle all aspects of building your court case, which includes collecting a sufficient amount of evidence and speaking with insurance companies to get you the compensation you are entitled to.
If you are looking to get started on your case today, contact us. You can visit us at one of our offices near you, or give us a call. Don’t let your personal injuries get the best of you, we are here to fight for your legal rights.