Pfeifer Law Firm is an experienced law firm that handles pedestrian accidents. If you have been the victim of a pedestrian accident and have questions regarding your injuries, insurance coverage, medical bills, treatment, or just have questions as to whether you should file a claim, call the Pfeifer Law Firm for a free consultation at 501-374-4440 or contact the firm online.
Pedestrian accidents are not uncommon. They occur more than we realize, and the mortality rate for a pedestrian accident is very high. Hundreds of traffic related pedestrian injuries and fatalities occur each year due to negligence of a driver. The National Highway Traffic Safety Administration reports that approximately 5,000 pedestrians will die each year in accidents involving a motor vehicle, and a reported 78,000 pedestrians will suffer injury that involved a car, a bus, or a truck. Elderly men and women and children are at a greater risk for being involved in a pedestrian accident. These types of accidents can happen anywhere from driveways, a parking lot, a crosswalk, or just walking down the street. Serious injury or death can occur even at a slow rate of speed. Be sure to stay alert and pay attention at all times.
When a driver of a vehicle hits a pedestrian, most often one of the first questions that arises is “Whose fault was it?” As a driver, pedestrian, or property owner, each has a responsibility to protect a person’s safety at all times by observing traffic controls, crosswalks, and oncoming traffic. The driver of a motor vehicle is expected to do everything possible in his or her power to avoid a pedestrian accident. Each state is different when it comes to fault, so check with a Little Rock pedestrian accident attorney if you have any questions.
A pedestrian may be entitled to recover damages if he or she can prove their injuries were caused by another person’s negligence. Discussing the facts of your case with a lawyer experienced in handling pedestrian accidents may protect your rights and any claim you may have.
After the pedestrian accident, the police will investigate the scene and talk to witnesses. Statements should be taken from the driver of the vehicle, the pedestrian, and any witnesses who may have seen what happened so that fault may be determined. There are times that the police may determine fault at the scene, at other times a detailed investigation may be needed before fault is assessed.
Police reports involving pedestrian accidents will usually indicate the officer’s opinion of whose fault the accident was. This is not considered fact. Automobile insurance companies may dispute the police officer’s finding. An insurance company will typically send an adjuster out to the scene of the accident, or visit with the injured person soon after the accident has occurred. If there is any question about who is at fault, or you feel the insurance company has incorrectly placed blame on you, you may want to talk to an Arkansas pedestrian accident lawyer. An attorney has experience dealing with insurance companies and can better assist you with the details of this process. Fault determinations in police reports are generally not admissible in Arkansas courts. Therefore, it is important to discuss your situation with an Arkansas injury lawyer to make sure your rights are fully protected.Potential Insurance Coverage for Pedestrian Accidents
Usually an injured pedestrian has coverage through their health insurance or a disability policy. If the accident happened on the job, worker's compensation coverage may apply. There may also be coverage under another insurance policy. A pedestrian who has been injured can usually file a claim against the driver’s insurance policy or the vehicle owner’s auto insurance policy. Liability insurance is mandatory in Arkansas. This mandatory coverage is in place to protect an injured party. Additionally, Arkansas law also allows the injured victim to file a PIP (Personal Injury Protection) claim under the car policy without the need to prove they were at fault. This will allow medical payments and disability payments to begin as soon as possible.
Laws vary from state to state. In order to give you accurate information regarding your rights, you should speak to an attorney experienced with pedestrian accidents so that he or she can give you guidance specific to your situation. An injury attorney can be your advocate and is knowledgeable with the law and rules of the road in Arkansas.
If you have been the victim of a pedestrian accident there is a time limit in which to file a claim against a driver and their insurance company. It is always best to talk with an attorney soon after the accident. Details are freshest in your mind right after an accident and it may be important to gather information that may be needed in the injury claim or injury lawsuit. The failure to timely file your claim within the statute of limitations will eliminate any rights you may have to collect compensation for your injuries and any damages you may have sustained in the accident.
Call an experienced accident attorney today at 501-374-4440 or contact the Pfeifer Law Firm online for a free consultation. After hours or weekend consultations are available by appointment.