Pedestrian Accidents

Attorneys For Pedestrian Accident Victims

When parents accompany their children to the bus stop or fitness-minded individuals jog to stay in shape, the result can be significant environmental and fitness benefits. But despite the advantages derived from walking, jogging or running, anyone who travels by foot in any city knows that pedestrian safety is a serious issue. The Governors Highway Safety Administration (GHSA) reported that just the first six months of 2016 saw 2,660 pedestrian deaths. Based on this data and historical trends, the organization projected an 11 percent increase in pedestrian fatalities over the prior year. This uptick in pedestrian fatalities is even more concerning because traffic-related deaths had consistently fallen in prior years.

Since pedestrians have no protection from injury when they are struck by a vehicle, the notion of a “minor” pedestrian accident is a fallacy. Even a small compact car weighs 3,000 pounds, so pedestrians tend to suffer catastrophic injuries even in crashes at low rates of speed. When a motor vehicle slams into the human body, traumatic brain injuries (TBIs), broken bones, spinal cord injuries (SCIs), amputation of limbs, impairment of vital organs or wrongful death are far too common. Pedestrians hit by cars tend to experience permanent debilitating injuries and disfigurement even if they survive their injuries. But with the help of an experienced pedestrian injury attorney at Parker Waichman LLP, you can get compensation that makes it easier to heal and move forward after your accident.

Navigating Around Insurance Company Traps For The Unwary

Some of the tactics the insurance company might use to challenge your legal claim include:

• Shifting Blame: Insurers routinely try to blame pedestrians for causing their own injuries by failing to exercise reasonable care to avoid injury. The defense of comparative negligence frequently will be based on the claim that the pedestrian darted into the road so close to the driver that they had no time to stop the vehicle. If this claim is successful, the pedestrian’s recovery will be reduced in proportion to the percentage of fault assigned to the plaintiff.
• Stall, Stall, Stall: Insurance companies will purposefully delay settlements in order to keep the funds invested so they may earn a financial return and increase their profits. They do this while being completely aware of the hardships that an injured pedestrian faces as their medical costs mount and their ability to earn income is reduced. They realize that the injured pedestrian will feel an increasing amount of pressure to settle for less than the full value of their claim if it means they can receive compensation sooner.
• Disputing the Cause of the Injury: There are pedestrian accident cases where the insurance company has minimal opportunity to dispute liability. For example, the driver might proceed into an intersection crosswalk against a red light. The insurance company might use multiple approaches to accomplish this goal. Based on past medical records or accidents, the insurer might claim the medical condition is entirely the result of a past injury. If you delay obtaining medical attention, the carrier might even try to blame your injuries on an event that occurred after the pedestrian accident.
• Requesting a Recorded Statement: An investigator for the insurance carrier usually will contact you seeking a recorded statement. Although the insurer’s representative might justify this statement based on the need to evaluate your claim, the actual objective is to find a defense to liability or to uncover facts that support a reduction in your claim value.
• Seeking a Premature Settlement: When liability is relatively clear, the insurance company might offer a relatively quick settlement offer. This lowball offer might be intended to either resolve the case before you complete your medical treatment or retain legal representation. If you settle the case before your course of treatment is complete, you will be asked to sign a general release that waives your right to injuries or claims you do not even know exist. When you are without legal advice, the insurance company will try to exploit your lack of experience in determining the value of your claim.
• Contesting the Severity of Injuries: Insurance companies love the phrase “low impact collision.” Representatives of the insurer often try to persuade unrepresented parties to accept a lowball settlement offer. This contention by insurers is particularly specious because pedestrians have no protection when struck by a vehicle, so serious injury frequently occurs even when a vehicle is traveling at slow rates of speed.
• Asking for Execution of Documents: Insurance carriers might ask you to execute documents that the insurer claims will be used to facilitate processing of your claim. One such document is a consent to release of information. While some income information or medical history might be relevant, this type of release is overly broad and might result in disclosure of sensitive but irrelevant information. Ultimately, the purpose of this request is to obtain information that can be used against you.