Introduction
As compared to some decades ago, pedestrian accidents have captured the attention of many people in urban regions as now more than thousands of people are injured, or even killed, every year. NHTSA estimates that in 2022, 17% of all traffic deaths were pedestrian fatalities. The causes of these accidents must be understood in order to both prevent them and help victims pursue justice. This document goes through detail in understanding pedestrian accidents, its causes and consequences, the law, and the ways in which medical record review services help lawyers in these matters.
Common Causes of Pedestrian Accidents
Distracted Driving
• Overview: Pedestrian accidents are a by-product of several events that lead to them and distracted driving is one of the leading factors behind them. Engaging with items such as phones, GPSs, or just general items proves to be a distraction and makes the driver less vigilant to pedestrians around.
• Statistics: 3522 people lost their life in crashes involving distracted drivers, according to the NHTSA report in 2022.
Speeding
• Impact of Speed: Never-ending campaigns try to discourage speeding, along with encouraging use of safe driving speeds, since such measures allow a pedestrian to be spotted with enough time to avert colliding with them. The injuries sustained by a victim are greatly exacerbated for anything above the reasonable speed causes.
• Legal Implications: With neglecting speeding limits, negligence in personal injury claims is easily made in cases of speeding.
Impaired Visibility
- Nighttime Accidents: Below average visibility is a major ingredient for several pedestrian accidents at night. Moreover, the absence of adequate street lighting and bad weather can amplify the problem.
- Preventive Measures: Proper street lighting, maintenance of crosswalks and proper signage may assist cities in reducing accidents.
Failure to Yield
- Right of Way: It is very common for people to not yield to pedestrians at crosswalks, which often leads to serious accidents.
- Legal Rights: Pedestrians using marked crosswalks have the right of way, and a motor vehicle not giving way has the possibility of putting the driver at fault.
Alcohol and Drugs
- Undoubtedly driving under the influence will impair one’s judgment and make it difficult for a person to make the split second decisions which are necessary to prevent pedestrian accidents.
- Statistics: 30% of fatal pedestrian accidents were caused by an inattentive driver, according to the NHTSA.
Young Drivers
- In today’s reality, young and inexperienced drivers are commonly viewed as a danger to pedestrians because they do not possess a complete understanding of the rules of the road.
- Education: Driver controlled lessons focused on pedestrian safety can reduce the number of accidents.
Infrastructure Issues
- Poor road conditions such as potholes and uneven surfaces along with the non-existence of sidewalks can be the cause for pedestrian’s accidents.
• Legal Obligation: Municipalities are liable for damages to third parties due to hazardous road conditions.
Atmospheric Impacts
• Weather Effects: Precipitation and frozen precipitation can hinder driving due to road slipperiness and decreased visibility which may cause auto collisions.
• Warnings: Drivers and walkers have to be especially careful and vigilant when the weather is bad.
Legal Rights and Compensation for Pedestrian Accident Victims
Understanding Your Rights
• The entitlement to reimbursement: The victims of a pedestrian accident have the right to seek settlements to recover medicals costs, compensation for revenues not received, and pain and psychological suffering.
• Various claims:
• Personal Injury claims: They can collect from the claims of negligent drivers.
• Claims of Wrongful Death: Family member of dead victim can claim for loss of consortium and for burial expenses.
The Legal Process
• Claim Submission: The victims have to submit a claim within a certain time frame which will be different for each state.
• Evidence collection: Obtaining medical paperwork along with police documents as well as witness account is vital for the case.
The Role of Medical Records Review Services
How We Assist Attorneys
- Comprehensive Analysis: Our medical records review services provide attorneys with detailed evaluations of medical documentation related to pedestrian accidents.
- **Expert Testimony – Expert Testimony: We can offer expert opinions on the medical implications of injuries sustained in pedestrian accidents, helping to establish the extent of damages.
Benefits of Medical Records Review
- Strengthening Legal Cases: A thorough review can identify critical medical evidence that supports claims for compensation.
- Identifying Patterns: We assist attorneys in recognizing trends in injuries that may indicate systemic issues, enhancing the overall case strategy.
Case Studies
Case Study 1: Pedestrian Accident Involving Distracted Driving
• Overview: A pedestrian was hit by a car while crossing a marked crosswalk. The car’s driver was using a mobile phone while driving, which was the reason for the crash.
• Challenges: The greatest challenge was to show how the driver was distracted and was, thus, at fault.
• Solutions: The attorney provided phone records and testimonies from bystanders that showed the accused’s negligence.
• Compensation: The plaintiff was paid damages for the money spent on medical treatment, wages not received, and for any emotional distress suffered.
Case Study 2: Pedestrian Accident Due to Poor Visibility
• Overview: An elderly person walking during the night was struck down by a vehicle on a poorly lit street while crossing.
• Challenges: The hardest part was proving the city’s negligence regarding road lighting.
• Solutions: Medical records relevant to the claims were scrutinized for degree of injury inflicted, and city records on servicing conducted on the roads were checked to prove lighting services were not rendered.
• Compensation: Medical treatment and other expenses rehabilitation the victim needed were awarded.
Conclusion
Pedestrian accidents entail great dangers as they can cause very bad injuries, both physically and psychologically. Knowing the primary reasons for these accidents and the laws surrounding them is important for justice and compensation to be paid. Medical records review services are of great assistance for attorneys whose victims need compensations. Take note that if you or a relative has been a participant in a pedestrian accident, you should seek a qualified attorney in order to be compensated for injuries sustained in the accident.
