Pedestrian traffic fatalities have been climbing across the U.S. since 2009, up 46% by 2019 according to the Governor’s Highway Safety Association (GHSA). Then came the COVID epidemic; pedestrian accidents with injuries and fatalities surged across the nation.
With more people working from home and fewer people on the road, safety experts expected fewer pedestrian accidents. But that’s not what happened. Police saw a huge increase in speeding and reckless driving, two big contributors to vehicle-pedestrian accidents. They also reported an increase in road racing and road rage. More people, they say, are paying less attention to safe driving.
The National Highway and Traffic Safety Administration reported 17 pedestrian deaths in Rhode Island in 2020. It reported 52 pedestrian deaths in Massachusetts that same year. Many more were injured.
If you, or a loved one, was the victim of a car-pedestrian accident, you deserve compensation. Contact the Rhode Island/Massachusetts pedestrian accident lawyers at Brian Cunha & Associates. Call toll-free: 800-322-8300.
Proving a Pedestrian Accident Injury Claim
Pedestrians who are hit by motor vehicles may have a claim against the driver’s insurance company but they have to be able to prove that the driver was negligent. Did they:
- Fail to yield to pedestrians in the crosswalk because they were speeding?
- Turn at an intersection without looking for pedestrians because they weren’t paying attention?
- Drive under the influence of alcohol or drugs?
Pedestrians themselves may also share some of the fault for the accident if they were jaywalking or not paying attention to their surroundings. When there is liability on both sides, Rhode Island’s “pure comparative negligence” rule applies. Partially at-fault victims can recover a percent of damages.
An insurance company may claim, for example, that each party was 50% responsible for the car-pedestrian collision. If that is truly the case, the pedestrian can receive 50% of the cost of their injuries and losses.
But a thorough investigation of the pedestrian accident may uncover that the car driver was more at-fault than 50%. When you work with a personal injury lawyer, they will conduct a separate investigation into the facts of the case.
Your injury attorney will also gather all of the medical and rehabilitation information needed to prove the full extent of your injuries and losses. It’s not just your injuries today, but any lasting effects from a:
- A closed head injury or a traumatic brain injury
- A neck injury, back injury or spinal cord injury
- Loss of a limb
For those who have lost a family member to wrongful death, your attorney will establish medical and burial expenses, but also the loss of future income, love and companionship. More pedestrians who die after being hit by a car are aged 55-64 – people in their prime earning years. The loss of income can be substantial.
Ensuring Full and Fair Compensation
The sooner you call a personal injury lawyer, the sooner we can investigate the cause of the accident, before evidence disappears. We may use the services of an accident reconstructionist to examine the motor vehicle as well as the site of the accident, before there are any modifications of the site or repair of the vehicle.
Know your rights. Our attorneys have handled thousands of car accident cases and attorney Brian Cunha has obtained hundreds of millions of dollars for his clients. If you need a pedestrian accident attorney in Rhode Island or Massachusetts, call Brian Cunha & Associates at 800-322-8300. Contact us online today!