Pedestrian Accident Lawyer in West Plains
Recovered Millions on Behalf of Our Clients
When a person is involved in a pedestrian accident, the results are almost
always catastrophic. The injuries sustained in this type of accident usually
range from broken bones to life-threatening injuries and
wrongful death. If you have been involved in this type of accident, you need to immediately
speak with a personal injury attorney from our law firm. We know how difficult
it may be to work through your case, especially if you are bedridden or
forced to spend long days in physical therapy. This is where one of our
West Plains personal injury attorneys will step in and work on your behalf.
With 60+ years of collective legal experience, call our qualified injury
firm for your
Causes of Pedestrian Accidents
There are various causes that can lead to an accident involving pedestrians.
The most common causes for pedestrian injuries include a driver's
failure to stop at a cross walk or yield to the pedestrian's right
of way. Pedestrians are also in danger of being injured if drivers are
driving too fast, trying to pass up a slower vehicle or simply driving
in an aggressive and/or careless manner.
By far, the most dangerous pedestrian accidents involve a driver who was
operating their vehicle under the influence of drugs or alcohol. Regardless
of what causes the accident, pedestrian accidents are severely one-sided
when it comes to who suffers the more serious injuries. Pedestrians who
are hit by cars, even at a low speed, can sustain severe injuries including
head and brain injuries, broken bones and many more.
According to the records of the National Highway Traffic Safety Administration
(NHTSA), there were 4,280 pedestrians killed by motor vehicles in 2010. In fact, the average number of pedestrians who died as a result of a motor
vehicle going back to 2000 was 4,637 people per year. There are many different
types of injuries that a pedestrian may suffer after being injured by a car,
truck. Some of the more common injuries seen in pedestrian accident cases include
traumatic brain injury and other head injuries, neck injury, spinal injury,
broken bones, paralysis, amputation, burns, cuts, and more. Due to the
lack of protection that a pedestrian naturally has, a person walking in
the street or on a sidewalk is more susceptible to serious injury.
What is a driver's duty of care?
Pedestrian accidents very commonly occur between a single pedestrian and
another motorist / motorcyclist / trucker on the road. Drivers and pedestrians
alike are expected to follow the rules of the road that have been implemented
to keep everyone safe; it is when these laws are not properly abided that
pedestrians (and drivers) can run into problems. The general assumption
of the law is that individuals who are operating motor vehicles will do
so using reasonable care given the circumstances in which they are driving.
A driver's failure to exercise the appropriate level of care can manifest
itself in many different ways, some of which include: disregarding risky
weather conditions, failing to yield the right of way to a pedestrian,
driving while preoccupied, driving under the influence of drugs or alcohol,
failing to follow the speed limit, failing to signal before turning or
changing lanes and disobeying traffic signs and signals.
Drivers are expected to exercise a
special duty of care to children, especially child pedestrians. It is believed that children between the
ages of five and nine are those who are most at risk of being hit by a
motor vehicle. Child pedestrians automatically should automatically signify
to a driver on the road that a higher duty of care should be applied to
the situation at hand. When a greater degree of care is not properly applied
to a situation in which children pedestrians are involved, the motor vehicle
operator could experience a higher degree of penalties. Special duty of
care to children applies to situations in which children are playing outdoors
in their neighborhoods (residential districts), school zones where children
are likely to be out and about and any other public areas where children
are known to frequent, i.e. parks, game store parking lots, etc.
Allow our personal injury firm to help you! Free consultation.
The most common way to address pedestrian accidents is through claiming
negligence. With more than 78,000 pedestrians suffering injuries that were caused
from being hit by an automobile or truck driver, the problem is one that
clearly deserves both medical and legal attention. As such, an attorney
should be contacted as soon as possible in order to assess the situation
and help you determine if a negligence claim can be made on your behalf.
Property defects and road / sidewalk design flaws can also contribute
to a pedestrian's accident and injury, and these types of accidents
just as equally deserve legal attention as any pedestrian accident involving
another motor vehicle.
In order to successfully make a claim of negligence in a pedestrian accident,
you and your attorney will need to be able to show that a legal duty to
the victim / plaintiff (you) was owed given the circumstances involved
in the situation. From there, it will need to be proven that this duty
failed to be fulfilled, either through deliberate or unintentional breach,
and consequently created an accident that ended in injury or worse for
the victim involved. A well-researched analysis will be made of the situation
before the case is concluded, at which time negligence will be confirmed
or denied and the case will be settled by
compensation and application of criminal consequences, if needed. With the help of
an established attorney, you stand the best chances of making these claims
in a way that will result in a favorable outcome for you.
Learn more about what we can do for your claim by
contacting a West Plains pedestrian accident attorney! No fees unless we recover.