Legal Consequences For Car Accidents With Pedestrians

by Kristen White Blogger

When a pedestrian is hit by a vehicle, injuries are mostly fatal. It doesn’t matter whether the car was moving at a low or high speed. In most cases, it’s hard for a pedestrian to get justice out of their car accident case. Nevertheless, when the driver at fault violates the law, it becomes easy to seek compensation. If you have been involved in a car-pedestrian accident and believe the driver violated the law, below are some of the legal consequences your driver may face in addition to the civil liability charged due to the injuries you suffered.

Legal Consequences After A Car Pedestrian Accident

If you’re a pedestrian hit and injured by a driver who violated the law, you can look for the best car accident lawyer near me to secure the best compensation. Your lawyer should be aware of the several legal consequences available if it’s determined that the driver was at fault and should help you receive a reasonable compensation. However, if a pedestrian fails to exercise reasonable care, he/she may be considered to be at fault. And hence may not be fully compensated. As with any other personal injury claim, the theory of negligence must apply when it comes to determining who was at fault in a car-pedestrian accident. Some of the cases where a driver may face severe legal consequences include:

Driving while intoxicated either from drugs or alcohol: Where a driver hits a pedestrian while intoxicated, he/she can be arrested and convicted. One may also have their license suspended or revoked. Again, one may face jail time if the accident resulted in death.
Hit and run accident: If the driver hit you and speeded away from the scene, he/she may face criminal charges. It becomes tougher if there was a death involved. The driver may even face a prison sentence.

If it’s determined there was negligence on the part of the driver, the pedestrian may seek damages through filing of:

Personal injury lawsuit: The driver may be forced to pay for damages resulting from injuries suffered by the plaintiff. One may also file a third-party insurance claim. Apart from paying for damages, the driver may have his/her insurance premiums hiked.
Wrongful death claim: the survivors of the deceased pedestrian can file a wrongful death claim and recover things such as lost wages, pain and suffering, loss of consortium and so on.

Failure to observe the law by motorists carries a lot of weight when it comes to seeking justice. But still, a claimant should look for the best car accident lawyer near me to fight back when it comes to determining who was at fault.

What If You Were Partly At Fault?

In some cases, both the driver and pedestrian can be at fault for the accident. Where the pedestrian is partly at fault, Alaska car accident laws allows pure comparative negligence rule to be applied. Suppose you are partly at fault for your accident, you can consider looking for Anchorage lawyers to help determine the percentage of compensation that is equal to your contributory fault. The insurance companies are known to dispute on who may be at fault, and mostly they claim the pedestrian is at fault. If you have a case and it’s more likely that the insurance company is assigning more liability for the accident to you, it’s better to go looking for Anchorage lawyers. Retaining such a lawyer ensures you get what you rightfully deserve.