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Every year, traffic accidents send approximately 137,000 pedestrians to the emergency room and claim the lives of nearly 6,000 more individuals. An auto accident attorney can often hold the motorist in the situation liable for the victim’s medical expenses and other losses, but this isn’t always the case. The following guide outlines more about pedestrian accidents and how to get the compensation you deserve.

What Do You Need to Know About a Pedestrian Accident?

Determining Fault

Proving fault is one of the most important elements of a personal injury claim. In Colorado, drivers are required to yield the right of way to pedestrians at crosswalks and intersections. They also have a duty of care, which requires them to do everything possible to avoid injuring a person crossing the street or walking along a sidewalk. If a driver hits a pedestrian, they are generally presumed to be liable.

However, pedestrians can be at fault for an accident if they were behaving recklessly. The driver’s insurance company may claim that you were walking in the road or stepped out into traffic without looking. Your auto accident attorney can establish fault by collecting witness statements, reviewing pictures of the accident scene, and gathering video footage to determine what actually happened.

Common Injuries in Pedestrian Accidents

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Unlike drivers who are buckled in and guarded by a car's exterior, pedestrians are completely unprotected, which is why collision-related injuries can be extremely serious. Many accident victims experience broken bones, traumatic brain injuries, and lacerations that may leave permanent scars.

Soft-tissue injuries to ligaments and joints are also common in these situations. These injuries can have long-lasting consequences, limiting a victim’s ability to work or participate in their favorite activities.

Damages Pedestrians May Collect After an Accident

If you’ve been hit by a careless driver, your auto accident attorney may be able to collect compensation for all associated medical expenses, including the cost of future surgeries and physical therapy. The motorist's insurer can be held responsible for any wages lost while recovering, as well as future earnings if you’re permanently disabled.

Pedestrian accidents can be extremely traumatic, so an attorney may also seek compensation for the pain and suffering you’ve experienced. Your personal injury award should also include damages for emotional trauma and impacts the accident has on your daily life.

 

For over 37 years, Andrew T. Brake P.C. has been fighting for the rights of pedestrians injured by careless drivers throughout Boulder, Colorado Springs, and Littleton, CO. This firm takes pride in giving each client the individual attention they deserve and fighting to ensure individuals are fairly compensated for damages. Visit the website for more on their personal injury services, and call (303) 806-9000 to consult with an auto accident attorney.

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