One of the most dangerous collisions is a pedestrian accident, which occurs when a motorist strikes someone who is traveling on foot. Pedestrians include walkers, joggers, and runners. For practical purposes, the law treats other people as pedestrians, too. Roller skaters, skateboarders, people on scooters, and those in wheelchairs may be considered pedestrians. All of these people are particularly vulnerable if hit by a vehicle. Even a non-motorized vehicle, like a bicycle, can do significant damage to a pedestrian.
If you or a loved one have been injured in a pedestrian accident, the injuries may be overwhelming. The potential for severe injury is high, which means lengthy recovery periods and time away from work. Between medical bills and lost wages, an injury can devastate an entire family. A Milford pedestrian accident lawyer can help. After reviewing the facts of your accident, our team of personal injury attorneys can explain the potential remedies available to you. Reach out to Doroshow, Pasquale, Krawitz & Bhaya to begin working with a dedicated advocate.
Determining Fault in a Pedestrian Accident
Right-of-way is one way to determine who is at fault in an accident. While some people believe that pedestrians always have the right of way, that is not always the case. Delaware Code Ann. tit. 21 § 4140 et seq. outlines traffic rules for pedestrians.
Pedestrians must obey traffic control devices, including pedestrian control signals. Pedestrians have the right of way in a crosswalk. However, the law prohibits them from stepping into the path of a vehicle that is so close it may be unable to stop safely. When not in a crosswalk or at an intersection, vehicles have the right of way.
Even when vehicles have the right of way, drivers must exercise due care not to collide with pedestrians. Drivers must sound their horns to alert pedestrians on the roadway. The duty is more significant if the pedestrian is a child, someone who is obviously blind, or a person who seems confused or incapacitated. A Milford lawyer who handles pedestrian accidents will look into those factors when advising an injured person about potential options.
Defendants in Pedestrian Accident Claims
The most likely defendant in a pedestrian accident is the motor vehicle operator who collided with the pedestrian. They are usually the ones responsible for the accident. However, not every accident is due to driver negligence or recklessness. Sometimes, other factors can cause the accident. Mechanical failure could lead to brake failure or the inability to steer the car or truck. Poorly maintained road conditions could also contribute to a wreck, which could lead to liability on the part of the municipal or state body responsible for maintaining the road.
When other factors contribute to a pedestrian accident, it does not always relieve the driver of liability. Instead, the driver may share liability with the government, construction companies, vehicle manufacturers, mechanics, and more. A lawyer will look at all of the potential defendants to determine the best strategy for recovery after a pedestrian accident in Milford.
Potential Damages
A pedestrian injured by a motor vehicle can recover compensation for medical bills and lost wages from the PIP insurance of the striking vehicle regardless of any determination of fault.
In addition, a pedestrian could recover fully for the other economic and non-economic damages they sustained in an accident if the vehicle driver is determined to be at fault. This can includes past, present, and future medical bills, lost wages or a diminished earning capacity, disfigurement, pain and suffering, emotional trauma, and a loss of enjoyment of life.
Learn More About Pedestrian Accidents in Milford by Speaking With Our Attorneys
After a pedestrian accident, the injured person and their family may be struggling with recovery. These collisions can lead to catastrophic injuries. Traumatic brain injuries, spinal cord injuries, broken bones, paralysis, and more are common. Injured pedestrians may have a lengthy recovery period, which can often put families in a financially vulnerable position. In addition to medical bills, they victim may be unable to work in the short term. Some may even be permanently disabled and unable to return to work.
A Milford pedestrian accident lawyer can help you recover for your injuries. They will examine the facts around your case to determine potential defendants. They will also consider your injuries and your prognosis to help estimate both economic and non-economic damages. Those estimates can help guide your decisions about whether or not to accept a settlement offer. Schedule a consultation with an attorney from Doroshow, Pasquale, Krawitz, & Bhaya to learn more.