Sioux Falls Pedestrian Accident Attorneys
What to Do If You Were Hit by a Car
It goes without saying that pedestrian-vehicle accidents are some of the
most devastating—and most deadly—types of accidents. A person
on foot is simply no match for a
truck and, as a result, pedestrians often sustain severe, catastrophic, and
fatal injuries when they are struck by motorists.
If you or someone you love was injured after being hit by a car, it’s
important that you first seek appropriate medical care. Next, turn to
the trusted legal team at Lowe Law Firm. Our Sioux Falls pedestrian accident
attorneys understand what you are going through; we want to hear your
story and learn how we can help. There is absolutely no cost and no obligation
when you call us and discuss your case during a free consultation.
Get in touch with us today by calling
(605) 777-7423 or by
contacting us online. Our phones are answered 24/7 and we are able to travel to meet you if
Can I Sue for Being Hit by a Motor Vehicle While Walking?
If you suffered injury as a pedestrian who was hit by a motor vehicle,
you can file a lawsuit against the driver if he or she was at fault. In
most cases, if the walker was in the crosswalk at the time that the car
hit them, the pedestrian can sue.
As the victim, your primary legal claim will likely be against the driver
who hit you. You might also be able to file a claim against the municipality
where you were hit if it is determined that the streets were unsafe or
the traffic control devices were defective.
It is common to want to “sue” after an event of this nature,
but most claims can actually settle without a lawsuit. This will save
the plaintiff on court fees and the stress associated with filing a lawsuit.
What you are able to recover and how the case proceeds heavily depends
on the attorney you have representing your case and the details of your injuries.
Who Is Liable for Pedestrian Accidents?
You may have heard the phrase, “the pedestrian always has the right-of-way”
and, assuredly, motorists should always use caution and yield to pedestrians
whenever possible. However, just like motorists, pedestrians are required
to follow the rules of the road and take reasonable care to not put others at risk.
Compensation for a Pedestrian Accident
Under South Dakota’s unique slight-gross negligence laws, you cannot
recover compensation after an accident if you are determined to have been
grossly (or greatly) negligent. However, if you are deemed to have slight
fault—or no fault at all—you may recover compensation for
your damages. For example, if you are crossing a fairly quiet street,
but you are not in a crosswalk, and you are hit by a driver who was speeding,
you may be considered slightly negligent. If that’s the case, you
can still file a
personal injury claim and seek compensation for your medical bills, lost wages, disability,
pain and suffering, and other damages.
How Do Pedestrian Accidents Happen?
Because of the risk of causing serious harm, drivers should always be careful
and do everything they can to avoid hitting pedestrians. Yet, these accidents
continue to happen all the time.
Some of the most common causes of pedestrian accidents include:
- Speeding and other unlawful driving behaviors
- Distracted driving, including texting while driving
- Driving under the influence of alcohol/drugs
- Disobeying red lights, stop signs, and other traffic control devices
- Failing to check for pedestrians in crosswalks before turning
- Aggressive or reckless driving
- Fatigued driving/falling asleep at the wheel
If you were hit by a car or another vehicle while crossing a street or
walking along a sidewalk, it is not unlikely that the driver of the vehicle
is to blame. Our team can begin an immediate exhaustive investigation
into the cause of the accident and determine who is liable for your injuries
and other damages.
Damages in Pedestrian Accident Cases
Unsurprisingly, pedestrians often suffer catastrophic injuries, including
traumatic brain injuries and spinal cord injuries, as a result of pedestrian-vehicle
collisions. These injuries have an immense impact on their lives, as well
as on the lives of their families and loved ones.
While every case is different, many pedestrian accident victims are able
to recover compensation for the following:
Costs associated with all immediate and ongoing treatment, including:
- Ambulance and emergency room fees
- Hospital fees
- Surgeries and other treatments
- Medical devices and equipment
- Ongoing medical care
- Rehabilitative therapy
- Pain management programs
- Future medical bills and expenses
- Counseling services
- Modifications to the home to accommodate injuries/disabilities
- Lost income and/or wages
- Lost future earnings
- Lost or reduced earning capacity (disability)
- Pain and suffering
- Emotional distress and trauma
- Various mental health conditions, including depression, anxiety, and PTSD
- Property damage (if applicable)
In the event that a person dies due to a pedestrian accident, the surviving
family members may file a wrongful death claim and seek compensation for
certain damages, such as funeral expenses, loss of companionship and support,
lost income, and more.
Speak to Our Pedestrian Accident Attorneys Today
The first step in your recovery is reaching out to a personal injury team
that knows what you are going through and knows how to overcome the challenges
ahead. At Lowe Law Firm, we have secured millions of dollars for our clients
over our years in practice. We believe that our wins are your wins, and
we are committed to doing everything we can to secure a favorable outcome for you.
Throughout the process, our Sioux Falls pedestrian accident attorneys will
be available to answer your questions and guide you through the legal
system. We will handle everything from start to finish in order to provide
you with a stress- and hassle-free experience.
To learn more, including how our team can help you fight for a fair recovery, call
(605) 777-7423 or
submit an online contact form.