Why Pedestrian Accidents Are So Devastating to Victims
Injuries to pedestrians can be severe. Head injuries are common. Bicyclists may wear a helmet, but pedestrians are unlikely to have any head protection. Because of this, these types of injuries are common in pedestrian-involved crashes:
- Broken bones: Fractures in the arms, legs, or hips can happen as the body gets tossed onto the roadway or pinned under the vehicle.
- Back injuries: The impact may cause herniated/ruptured discs, strained spinal ligaments/muscles, and vertebral compression fractures, leading to ongoing back pain, nerve impingement, and mobility limitations.
- Spinal cord injuries: More traumatic pedestrian collisions cause permanent spinal cord damage that can result in paralysis or loss of sensation or movement in the extremities.
- Head and neck trauma: Pedestrians frequently sustain traumatic brain injuries, facial fractures, skull fractures, concussions, and whiplash-type neck injuries.
- Amputations: Crush injuries under the vehicle’s wheels or bumper can cause dismemberment of toes, feet, lower legs, or hands, requiring prosthetics and lifelong medical care.
- Organ damage: Blunt force impact to the torso can rupture or lacerate lungs, liver, spleen, kidneys, bladder, stomach/intestines, all posing life-threatening hemorrhage risks.
- Fatalities: Because they lack the protection of a vehicle, collisions with cars and trucks often result in pedestrian deaths. Mortality rates increase sharply with vehicle speed.
Any of these catastrophic injuries is possible when a car or truck hits an unprotected pedestrian. Depending on the severity of the injuries involved, the pedestrian could end up requiring a lifetime of costly medical treatments and caretaking expenses. Let our Montgomery attorneys pursue the full worth of your pedestrian accident claim to help your recovery.
How Much Is a Montgomery Pedestrian Accident Claim Worth?
When a pedestrian is struck and injured by a vehicle, determining the value of the potential injury claim can be a complex process. There is no average dollar amount for all pedestrian accident cases. The amount of compensation depends entirely on the specific details surrounding your incident and losses. Calculating a claim’s worth involves considering the severity of injuries and their lingering effects on your life. This process can involve:
- Current and future medical costs
- Property damage
- Lost income
- Diminished earning capacity
- Pain and suffering
No two pedestrian incidents leading to injuries and losses will be exactly alike, so no two claim values can be alike. A pedestrian accident lawyer in Montgomery considers how the accident specifically altered your life across all relevant categories when estimating and arguing for appropriate compensation. When you hire us, you will have a legal advocate by your side who understands how to methodically calculate and validate every category of harm caused by the collision. This detailed injury analysis will be the basis for the value of your compensation.
An injury attorney also applies legal pressure on at-fault parties with evidence of negligence. This can make it more likely that you will be able to settle your case before it has to go to trial. However, if the at-fault party’s insurance company does not offer fair compensation, we aren’t afraid to take them to court.
Filing a Claim in a Hit-and-Run Accident
There are unfortunate cases of injuries to pedestrians in hit-and-run accidents in Montgomery, Alabama. If the driver is not located, injury claims may be made through the victim’s own auto insurance if they have uninsured motorist coverage. In some cases, we may be able to identify a hit-and-run driver through an investigation. Evidence like security camera footage, eyewitness accounts, and evidence left at the scene, like vehicle debris, can be used to identify hit-and-run drivers.
When the driver is identified, a Montgomery pedestrian accident attorney can help you pursue a civil claim against them to collect compensation for your damages. Even when the driver is not identified, we can still go to bat for you to get fair compensation from your own uninsured motorist coverage.
The Deadline to File a Pedestrian Accident Claim
If you are injured in a pedestrian accident in Montgomery, the first thing you should do is call 911 to get help for any injured parties and make sure a police report is created, which you will need for evidence later. According to AL Code § 6-2-38, pedestrians who are injured in an accident involving a motor vehicle generally have a two-year statute of limitations to file any related personal injury claims against the driver at fault. This means victims have 24 months from the date of the accident to take legal action against a careless driver.
Failure to formally make a claim within that two-year window forfeits the right to recover any damages. This is why it’s a good idea to consult a pedestrian accident attorney in Montgomery as soon as possible after a wreck to preserve your legal right to compensation and avoid jeopardizing your claim’s value.
Talk to a Montgomery Lawyer For Help After Your Pedestrian Accident
When a driver causes a pedestrian accident, a claim can be made against the driver’s insurance. It is always a good idea to hire a personal injury attorney to handle negotiations for injuries or wrongful death claims. If negligence was involved on the part of the driver, they may be liable for medical bills, lost wages, lost future income, and pain and suffering.
If you have been injured in a pedestrian accident caused by a driver, contact the Law Office of Dwayne L. Brown to discuss filing an injury claim. Call our Montgomery pedestrian accident lawyer or fill out our online contact form to get started on the path to justice.
