Michael Steinger Pedestrian Accident FAQ Interview

What Should Someone Do After A Pedestrian Accident

After a pedestrian accident occurs, assuming the injuries are not too severe, you should immediately call 9-1-1, make a report, and seek medical treatment. If the injuries are severe, hopefully, someone else will be calling 9-1-1, or someone else will report the accident, and then you will be taken immediately to a hospital for medical treatment. After that, if you’ve been injured and it was not your fault in a pedestrian accident, you can call Steinger, Greene & Feiner so that we can assist you, from handling the claim from beginning to end.

When Is A Pedestrian At Fault For A Car Accident

Well, at crosswalks and intersections, there’s kind of an interplay between drivers and pedestrians that, obviously, has a lot of risk, especially in densely populated environments or on busy downtown streets. Pedestrians have the right-of-way in most situations, but they also have certain traffic-related laws that have been put in place that they need to adhere to for their own protection.

Pedestrian-car accidents are almost always governed by a legal concept called “negligence,” which is basically just a fancy term for carelessness, and a driver or a pedestrian is deemed negligent or responsible for the accident when his or her failure to act with reasonable care causes or plays a part in an accident, and someone suffers an injury or damages. So, when you’re trying to establish after a car-pedestrian accident who is negligent, you normally look to a police report that is filed with a local law enforcement officer who responded to the accident.

The report usually includes the officer’s conclusions about who’s at fault. It’ll include witnesses’ names, statements that they may have given about the accident and how it occurred. It’ll detail whether the pedestrian was in a crosswalk, or did the driver run a stop sign, or disobey some sort of traffic signage? It’ll tell you if, for instance, a pedestrian darted out from between parked cars, instead of crossing at an intersection.

So, when we’re looking to determine fault for a pedestrian accident, we start with the police report. We examine what’s contained in it. We look toward the witnesses and any witness statements that may be obtained. At some points in time, there may be video cameras or surveillance cameras that are located at or near a scene that may contain an actual video of the accident. And so, we look to all of these different sources to help to determine who is at fault for the pedestrian accident.

Where Do Most Child Pedestrian Accidents Happen

Well, as most child pedestrian accidents occur – that was children being those younger than 16 – are likely to occur between 3 p.m. and 7 p.m. Obviously, it’s a time when kids are out of school, and so they’re out and playing, so if they’re near, and they’re playing near roadways, near parks, or other places, or schools where children normally would be playing after school, or at after-school-related activities, or walking home – those are common places where a child pedestrian accident would happen.

Who is at fault in a crosswalk accident?

Determining who is at fault in a crosswalk accident, you usually look toward a statute. Statutes in most states say that a pedestrian facing a green light can cross the street or the roadway, unless the green signal is a turn arrow, and they can do that as long as they remain within any marked crosswalk, or if there are no marked crosswalks, they are still allowed to cross a street or roadway as long as they are facing a green light.

And all motor vehicles are required to yield the right-of-way to pedestrians that are lawfully within that intersection or crosswalk. If a light is yellow or red, a pedestrian is not supposed to enter a crosswalk or roadway unless, obviously, they have some other proper pedestrian crossing signal. If, for instance, you enter a crosswalk or roadway improperly, other vehicles/cars still have a responsibility to avoid hitting you, and so, there are statutes throughout the country that say, even when a pedestrian enters a crosswalk or tries to cross a street improperly, every driver should exercise due care to avoid colliding with them, and give some type of warning, if it’s possible, whether it’s beeping their horn or some other type of warning, if they have the ability to do that.

Ultimately, a driver of a motor vehicle tends to be in a better position to avoid an accident, and so, the law still places some responsibility on a driver to be able to stop if they can, or to be aware of their surroundings, and to take precautionary measures, if possible.

 

How Do You Claim Insurance For A Crosswalk Accident

A crosswalk accident, as insurance is concerned, is relatively similar to an automobile accident. Depending on what state you’re from, you may be covered with personal injury protection insurance under your own automobile policy. Those states that have no-fault insurance coverage will provide that coverage if you are hit by a motor vehicle as a pedestrian or a bicyclist. If you’re in states that do not have no-fault coverage, you are entitled to collect for your damages from the at-fault party, and the at-fault party’s insurance company.

If you have health insurance, obviously, you’re able to receive medical treatment through your own health insurance, and then you’ll be able to recover those monies or costs of that in bringing your claim against the at-fault party. Obviously, when making a claim for injuries or damages in a crosswalk accident or any type of pedestrian accident, as a plaintiff bringing a claim, you are entitled to recover for your medical bills in the past and in the future. You are entitled to recover for your wages/your earnings in the past or in the future, as well as for pain, suffering, mental anguish, or inconvenience caused from a pedestrian or a crosswalk accident.

 

How do you report a crosswalk accident?

If you have been involved in a crosswalk accident or a pedestrian accident, you would call 9-1-1 to report the accident. If it is a significant injury and to where you are unable to communicate or unable to make that call, hopefully, someone else, a bystander or some other witness, would call 9-1-1 to be able to report it. If you are able to, you can also contact the local police department in your area, to be able to report the accident. Additionally, you need to contact your own automobile insurance carrier to report that the accident occurred.

Many times, there is automobile insurance under your own policy that may help to pay for your medical bills or your pain and suffering, as well as the policy from the at-fault party.

Contact a Florida Personal Injury Lawyer Today

At Steinger, Greene and Feiner, our experienced personal injury lawyers have the strong legal backgrounds and extensive legal knowledge that you need to have the best chance of a successful personal injury claim. Whether you are negotiating a settlement outside of court or proving your claim to a jury, you can trust us to use our legal skills to help you get the best outcome possible.
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