How is a Pedestrian Compensated in a Car Accident?

Personal Injury Lawyers Phoenix, AZ

While dominant and powerful, cars are not the only ones traveling the roads. Bikes, skateboards, scooters, and pedestrians frequently traverse the streets. So what happens if you are injured by a car while walking as a pedestrian?

Pedestrian Rights & Rules

First things first, make sure you know your pedestrian rights and rules.

Pedestrians have the right of way:

  • At marked crosswalks
  • On sidewalks
  • On all public roadways (even highways!)

Just because pedestrians have these rights of way, doesn’t mean they don’t have to follow certain rules, such as:

  • Following all traffic signs and signals
  • Always use sidewalks, if they are available
  • Being safe & responsible to themselves & others

What to Do

Just like with a car vs. car accident, make sure you contact the police. Doing so will create an incident report, which can be useful if you decide to make a claim. Then, get examined by a medical professional right away, whether that is a paramedic on the scene, your primary care doctor, or a trip to the hospital in an ambulance. The most important thing is your health and well-being, and you’ll want medical records indicating your injuries for the claim.

Negligence

Like with other car accidents, there will need to be a determination of fault.

Fault in an auto accident usually boils down to one question, “which party acted negligently?”. Negligence is the failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. Under this sort of claim, you would need to prove the following:

  1. Duty: The driver owed you a duty to drive responsibly and safely.
  2. Breach of Duty: The driver breached that duty to drive in a reasonable manner and hit you.
  3. Causation: The driver’s breach of duty caused the collision.
  4. Damages: You suffered a personal injury as a result.

Remember, if you weren’t following the pedestrian rules of the road, you could be found at fault as well.

Compensation

Whether you pursue an insurance claim or take the case to trial, what you are really seeking are “damages.” Damage is a legal term for money awarded to a party in a lawsuit. In the case of a personal injury, a party usually seeks compensatory damages. As you might infer from the name, compensatory damages are intended to compensate for a loss or injury.  You might be able to collect damages for:

  • Medical Bills
  • Therapy bills
  • Lost wages (calculated from your salary)
  • Physical & Mental Pain and Suffering
  • Property Damage

How much and what type of damages a party is awarded depends on the specific facts of each case.

If you’ve been injured as a pedestrian, contact the law offices of Kamper Estrada, LLP. Our experienced personal injury lawyers in Phoenix, AZ can help you understand what sort of damages you may be entitled to and will fight to make sure you receive fair compensation for your injuries.

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