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Pedestrian Accident Law: Understanding Your Legal Options as a Victim 

Any pedestrian runs the risk of suffering an unexpected injury as a result of being struck by a careless driver. If you or someone you know has been injured by a negligent driver, there may be an opportunity to seek financial compensation for the injuries. For many victims, the primary legal option is to file a claim against the careless driver. Taking legal action against the negligent driver, however, is not the only option. Depending on the legal facts of the case, a victim may also be able to bring a claim against the city or town in which the accident occurred.

If you have suffered injuries after being struck by a vehicle, seek the legal advice and support of a qualified attorney. An attorney who has experience in pedestrian accident law can help you in the claims process as well as guide you through the available legal options.

Important Factors to Consider When Filing a Lawsuit Against a Municipality

Filing a legal claim against a city of town can often be a challenge. Depending on the circumstances specific to the case, it may be prove important to present a lawsuit against a municipality as it could repair the circumstance that caused the incident in the first place. A city or town could be held accountable in the following scenarios:

  • Overgrown brush that could block a driver’s view of a crosswalk;
  • Faulty traffic control device such as traffic lights; or
  • Missing street signs such as stop signs.

While these are limited examples, it is evident that these scenarios could pose extreme danger for all pedestrians. Seek the advice of an expert attorney who has experience in dealing with pedestrian accident law. An accident that was caused due to the negligence of a city or town will require strong evidentiary support and an attorney with the right experience could help you.

Immediately After the Incident

Each and every accident can cause serious and immediate trauma to any victim. After being injured, it could be difficult to gather any form of evidence from the scene. It is nonetheless important to understand that the following elements could help to solidify a personal injury claim.

  • Taking photographs of the scene that include the following:
    • Posted street signs
    • Street conditions
    • Weather conditions
    • The vehicle(s) involved
    • Other parties involved
  • Gathering the contact information of other parties involved
  • Gathering contact information of witnesses
  • Filing a police report of the incident
  • Obtaining the driver’s license and insurance information of the other parties involved

Seek Medical Treatment and Legal Support of an Expert Attorney

Pedestrian accident victims could face extreme physical and emotional pain following the incident. One of the best methods of validating a claim is by seeking medical treatment for the injuries as well as obtaining the legal support of an expert attorney. Seeking medical treatment will provide a medical record validating the extent of the injuries.

Seeking the legal advice of a qualified attorney can help to provide the claim with the best opportunity at being successful in a court of law. The attorneys at Heiting & Irwin have extensive experience in handling pedestrian accident claims. They are dedicated to helping pedestrian accident victims obtain financial compensation for their injuries.

Richard Irwin

Mr. Irwin is a recognized specialist in Workers’ Compensation law. He has been certified as a specialist by the State Bar of California since 1995. He limits his practice to handling only workers’ compensation cases. View Attorney Richard Irwin's Attorney Bio Here.

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