Understanding How Right-Of-Way May Affect Your Pedestrian Injury Case
While driving can be dangerous, simply walking on streets shared by cars can be even more hazardous. Unfortunately, pedestrian accidents continue to rise yearly in the United States. These accidents can often cause severe injuries or even death. While assigning fault in an accident involving two cars can be complex, pedestrian cases can sometimes involve even more variables.
Suffering injuries due to a driver's negligence can be incredibly traumatic, painful, or even life-altering. If you are in this situation, you may not know what to expect or what you should do next. This guide will provide helpful information so you can understand how your case may proceed and why you should contact an experienced personal injury attorney as soon as possible.
Understanding Right-of-Way
When dealing with any pedestrian accident, the right-of-way is often one of the critical factors in determining fault. While the term "right-of-way" can include some legal complexities, the general idea is that an individual (or vehicle) with right-of-way can legally proceed. In other words, right-of-way gives you the legal right to move through a street or another area, and drivers must yield to you.
Establishing the right-of-way is crucial in pedestrian cases since it can prove that a driver was at fault for your injuries. In most areas, pedestrians will nearly always have the right-of-way. However, certain situations can complicate matters. For example, you may not have the right-of-way if you fail to obey traffic signals or posted warnings.
How Right-of-Way Affects Your Case
Assigning fault is generally straightforward for accidents where pedestrians have the legal right-of-way. In these cases, the driver likely failed to follow their "duty of care" requirements and acted in a way that could cause others harm, intentionally or through negligence. Unfortunately, assigning fault can be more complex when the right-of-way isn't clear.
Both sides must use the available evidence to determine the party most likely at fault for the accident in these cases. If you're suing a driver for damages, this part of your case will be critical. Note that even when you have the right-of-way, the insurance company or at-fault driver may attempt to collect evidence showing they were not at fault.
Why Pedestrian Injury Cases Require Professional Legal Help
The complexities of determining right-of-way and arguing fault make most pedestrian injury cases too complex to handle alone. While the insurance company may attempt to settle quickly, this initial offer will not always cover your damages or take ongoing injuries or suffering into account. In a worst-case scenario, the other party may try to argue that you were at fault for the accident.
The sooner you contact an experienced professional injury attorney, the sooner your lawyer can begin investigating your case. This time may be crucial to help collect evidence and establish fault, allowing you to collect the full compensation required to make you whole.
For more information, contact a law firm such as Sapp Law Firm.
Share