Pedestrian Accidents
According to the National Highway Traffic Safety Association (NHTSA), in 1996 over 4,500 pedestrians were killed in traffic-related accidents and an additional 61,000 were injured. While these numbers have gone down over the years, thanks in part to things like crossing lights and stricter pedestrian right-of-way laws, those injured in pedestrian accidents generally suffer severe injuries when they are struck by a motor vehicle.
Pedestrian accidents can occur from both driver and pedestrian error. Common reasons for pedestrian accidents include:
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Inattentiveness
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Failure to yield the right-of-way
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Failure of driver to stay in the proper driving lane
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Jay-walking
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Playing in the street
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Darting into traffic
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Intoxication
As you can see from this list, drivers are not always the party responsible for causing a pedestrian accident. While drivers must exercise due care whenever they are behind the wheel, pedestrians must also exercise due care when walking in trafficked areas.
An injured pedestrian usually may seek compensation for the costs associated with their injury if they were not at fault for the accident. Typical damages injured pedestrians are entitled to recover include compensation for things like, medical bills, prescription drug costs, pain and suffering, and time missed from work. If a pedestrian accident results in a wrongful death, surviving family members may also be entitled to recover money damages (see Wrongful Death). Calculating the damages for a pedestrian accident can be complex. To understand the true value of your claim, it is important to consult an experienced personal injury attorney.
If you believe that you or a loved one has been injured in a pedestrian accident that was not your fault, it is important to contact a personal injury attorney as soon as possible. There are limitations on how long you have to file a pedestrian accident claim, and these limitations vary from state to state (see Statutes of Limitations). An attorney in your state should be familiar with the statutes of limitation in your state and be able to tell you if you have a claim worth pursuing.
I swerved out of the way of a girl who was jay-walking across the Pacific Coast Highway with a dog, I missed the girl but sadly could not avoid the dog. In the process I hit a parked car on the side of the road. Neither the cops or I did got any of the girls insurance information, she was only fourteen years old. My car was severely damaged and is a rare classic that is nearly impossible to find replacement parts for so there is no hope of fixing it. I’m wondering how get either them or their insurance company to pay for the damages, especially because I found out after the incident that my insurance had expired although I had not received a notice. So far the other party has been very uncooperative claiming that it was not their fault even though the police report clearly state that the girl was the cause of the accident. Any information or advise is greatly appreciated.