You cross the street as you go about your day when a car comes barrelling out of nowhere and hits you before you know what is happening. As pain ricochets through your body, you know your life has just been altered. When you are facing excruciating pain and the consequences of a negligent driver’s actions, an Arkadelphia, AR pedestrian accident lawyer can fight on your behalf to secure compensation and justice.
LeVar Law has been helping clients recover their losses for more than a decade. We care about you and the challenges you are facing. You are our top priority, and ensure your case receives the attention it deserves. An experienced Arkadelphia personal injury lawyer will protect your rights and fight to secure maximum compensation for your losses.
Common Reasons Why Pedestrians Are Hit in an Accident
Pedestrian accidents can happen anywhere in Arkadelphia and leave residents in critical condition. These accidents can happen for a variety of reasons and are often preventable. Some of the most common factors that contribute to pedestrian accidents include:
- Intersections
- Speeding
- Distractions
- Intoxication
- Lack of visibility
- Weather conditions
- Road conditions
In addition to these factors, there are consistent trends among the conditions under which pedestrian accidents occur. According to the National Safety Council, most accidents occur in urban areas and at non-intersection locations. Additionally, the majority of pedestrian accidents occur at night in lit areas.
Pedestrians Are Highly Susceptible to Injury
According to the most recent report by the National Highway Traffic Safety Administration (NHTSA), 7,522 pedestrians died, and more than 67,000 were injured in accidents. With no protection from their surroundings, pedestrians are extremely vulnerable to hazards posed by motorists. Pedestrians can suffer horrific and life-altering injuries, which may include:
- Traumatic brain injuries
- Neck and shoulder injuries
- Spine and back injuries
- Tissue and nerve damage
- Internal bleeding and damage
- Broken bones
- Amputations
- Burns
- Lacerations
- Disability or paralysis
- PTSD
- Catastrophic injuries
- Wrongful death
Medical treatment should be your top priority after an accident. Even if it appears that your injuries are not serious, an examination by a doctor could still save your life. Conditions such as brain injuries and internal damage may not be evident without the proper testing. Additionally, other injuries often show up days or even weeks later.
What to do After a Pedestrian Accident in Arkadelphia, AR
While not always feasible, being proactive as much as possible after a pedestrian accident can save you a lot of stress down the road. By taking certain actions, you can streamline your claim and ensure you have what you need to receive a fair settlement. Seeking medical attention should be your top priority in an accident. After that, you should take these additional steps to the best extent possible:
- File a police report: Request that a full report of the accident be made to ensure there is an official record to document the details of the accident and injuries you sustained. A report should include evidence, notes, and diagrams about how the accident occurred, statements, and so on. It is important to obtain a copy of this document once it is completed, so be sure to ask law enforcement officials for the best way to get an accident report.
- Exchange information: Exchange contact, vehicle, and insurance information with the person responsible for the accident and your injuries. In the event that your injuries are severe enough that you must be taken to the hospital immediately, collect this information from the police report as soon as reasonably possible.
- Gather evidence: If you are able, take photos and videos after an accident to show your injuries, impact damage to the driver’s vehicle, and any relevant details in the surrounding environment. This evidence can support your claim and will be needed during the claim process.
- Hire an attorney: Pedestrian accident lawyers in Arkadelphia, AR can communicate and negotiate on your behalf, conduct investigations into the accident, and protect your rights throughout the claim process. Legal representation can get you a more favorable outcome.
- File a claim: With the help of your lawyer, begin the insurance claim process to secure a settlement for your losses. If this is insufficient to cover what you have lost, or the insurance company refuses to pay, file a personal injury claim against the driver themselves to resolve your case.
Navigating Insurance Claims after a Pedestrian Accident
In order to recover compensation, you will first have to file a claim with the at-fault driver’s insurance company. To make sure you receive as much as possible, it is in your best interest to first hire a lawyer. Insurance companies, unfortunately, seek to protect their bottom line and not you. They may try strategies that involve lowballing you, causing intentional delays, blaming you, and/or unfairly denying your claim. A lawyer can put them on notice and negotiate with them so you receive a fair and satisfactory settlement for your losses.
You will also need to call your insurance company even if it is not your fault. This ensures that you have gone through the proper process and communicated the accident and situation you are facing. This also prevents your insurance company from being surprised if the other party’s insurance company reaches out. As a result, it can end up streamlining the process. If you have hired a lawyer for your case, they can talk to your insurance company for you.
Negligence Must be Established in Pedestrian Accident Cases
Pedestrian accidents are often rooted in negligence. While you may know that this was the cause of your injuries, the burden of proof is on you to establish that negligence was actually the cause. Your lawyer will build your case around this primary requirement and then work to demonstrate each of the four elements of the standard of negligence. These include:
- Duty of care: The driver was obliged to take the necessary safety precautions to keep you from suffering harm.
- Breach of duty: The driver disregarded their obligation by engaging in careless behavior.
- Causation: The driver’s actions were the catalyst that caused the accident and the injuries you have sustained as a result.
- Damages: Because of their actions, the driver is liable for providing compensation for your losses.
Arkansas’ Modified Comparative Negligence Laws
When determining liability, there are times when multiple parties contribute to causing an accident. In these situations, each party’s level of fault is taken into consideration. According to Art. Code § 16-64-122, each party’s contribution is measured, and those who are responsible for less than 50% of the accident may recover compensation that has been reduced in proportion to their level of fault. However, those who are more than 50% at fault for the accident may not recover compensation at all, even if they have also been injured. If you have contributed in any way to the accident, then your lawyer will fight to ensure that you hold as little liability as possible.
Recovering Compensation is Vital After a Pedestrian Accident in Arkadelphia, AR
Given the likely severity of your losses, recovering damages is essential to easing your road to recovery and providing the resources and care you need. Expenses and decreased quality of life can both have profound ramifications for your life, and compensation is designed to help you regain a sense of wholeness. As such, you may be able to recover the following losses in your situation:
- Economic damages: You are generally entitled to economic damages after an accident to cover all of your monetary losses. You are likely to recover both the medical expenses and earnings you have lost if you have been unable to resume work. Funeral and burial expenses for pedestrian fatalities may also be included.
- Non-economic damages: You can recover these damages when you have experienced pain and suffering caused by the accident. If your quality of life and ability to enjoy it has decreased, you are experiencing PTSD and other emotional and mental anguish, or you have experienced a loss of companionship or consortium, then these damages can provide you with financial resources to minimize the impact.
- Punitive damages: You may be entitled to recover punitive damages if the driver who injured you exhibited gross negligence or malicious intent and irreparably injured you. These damages are intended as a punishment for them and extra compensation for your additional losses.
When calculating a settlement to determine how much you may recover, a pedestrian accident attorney in Arkadelphia, AR will take several factors into consideration. The cost of your medical expenses will make up the bulk of your losses and will be the primary component of your settlement. The severity of your injuries, how many you have, and any long-term treatment/care requirements will also be considered. Your other expenses and suffering will also be calculated to estimate how much your case is worth.
Statute of Limitations for Pedestrian Accidents in Arkansas
Taking legal action may be the last thing on your mind when you are focused on healing from your injuries. You may intend to get around to it later, but before you know it, more time may have passed than you had imagined. Since the ability to file a claim is limited, it is important to not wait to seek legal help to file a claim.
According to Ark. Code § 16-56-105, all claims must be filed within a three-year window of time. The countdown begins from the moment you sustained injuries in the accident. Attempting to file a claim after the statute of limitations expires may result in a rejected claim.
Another reason to file your claim soon after your accident is to ensure you have a strong case. Evidence and memories of events can degrade over time and affect the outcome of a case. It can also make it easier for insurance companies to avoid paying you.
Lawyers Help You Secure a Better Outcome in Your Pedestrian Accident Claim
When filing a claim against the party responsible for your injuries, having a seasoned and knowledgeable lawyer is important for recovering the most you possibly can. Your lawyer will discuss your case with you to learn about the accident and what your needs are as you look toward the future. They will also walk you through what options are available and begin to formulate a strategy to recover your losses. Your lawyer will conduct their due diligence into your case to ensure you have plenty of evidence to support your claim as they negotiate on your behalf.
When discussing your case with a lawyer during your consultation, it is important to know what to look for and what questions to ask your personal injury lawyer. You want to be sure that they will be the right person to represent you and are aligned with your goals. As such, it is always important to ask about their experience, anticipated timeline, potential outcome, fees, and the evidence that will be needed.
How Much Pedestrian Accident Attorneys Charge
When faced with overwhelming financial losses, you should not have to stress about affording the legal help you need. That is why LeVar Law operates on contingency fees. We do not receive payment unless we secure a settlement or verdict for your case. We only collect our fees from the compensation that has been awarded and never from you directly.
We believe that legal services should be accessible, especially when you are dealing with serious injuries and need results as swiftly as possible. We also understand that this is a vulnerable time for you, and we make sure you are protected from those who would take advantage of you.
LeVar Law Helps You Regain Control of Your Life
At LeVar Law, we help you put your life back together after you have been unfairly injured. We aggressively fight for you and stand by your side regardless of what challenges arise. We pursue justice and compensation so you can move forward with hope and confidence. To learn more about our services and commitment to your case, contact us today to schedule a free consultation with our team.
