Pedestrian accidents are devastating. They leave victims with serious injuries and financial burden. When someone is hit by a vehicle, they often have the right to seek compensation, but many myths surround pedestrian accident claims. These misconceptions can prevent victims from taking the right steps after an accident.
If you’ve been involved in a pedestrian accident, you might wonder whether you even have a case. A pedestrian injury attorney from Suits & Boots Accident Injury Lawyers can help you understand your rights and guide you through the process.
It’s crucial to separate fact from fiction so that you don’t make decisions based on wrong information. Let’s clear up some of the most common misconceptions so you can make informed choices.
Myth 1: Pedestrians Are Always at Fault if They Were Not in a Crosswalk
One of the biggest myths is that pedestrians lose their right to file a claim if they weren’t in a crosswalk. While using a crosswalk is the safest option, pedestrians still have legal rights even if they were jaywalking.
In many cases, drivers have a duty to watch for pedestrians and avoid hitting them, regardless of where they are. The fault is determined by the specific circumstances of the accident, not just the location of the pedestrian.
Myth 2: If the Driver Wasn’t Speeding, They Aren’t Responsible
Some believe that if a driver was following the speed limit, they cannot be held responsible for hitting a pedestrian.
This is not true.
Speed is just one factor in determining fault. A driver may still be at fault if they were distracted, failed to yield, or weren’t paying attention to their surroundings. Even if they weren’t speeding, they could still be held responsible for the accident.
Myth 3: Pedestrians Can’t Claim Compensation if They Were Partially at Fault
Another common myth is that if a pedestrian contributed to the accident in any way, they cannot recover compensation.
In reality, many states follow comparative negligence laws. This means that even if a pedestrian was partly responsible, they may still be able to recover damages. However, the amount they receive might be reduced based on their level of fault.
Myth 4: Insurance Companies Will Offer a Fair Settlement Automatically
Many people assume that insurance companies will do the right thing and offer fair compensation without any legal action.
Unfortunately, this is rarely the case. Insurance companies often try to minimize payouts to protect their profits. They might offer a low settlement or even deny a claim altogether. This is why it’s crucial to understand your rights and, if necessary, work with a lawyer to negotiate a fair settlement.
Myth 5: Pedestrian Accident Claims Always Take Years to Resolve
While some complex cases take time, not all pedestrian accident claims drag on for years. Many claims are resolved within months, especially if there is clear evidence supporting the victim’s case. The length of the process depends on factors like the severity of injuries, insurance negotiations, and whether a lawsuit is necessary.
Myth 6: You Don’t Need a Lawyer for a Pedestrian Accident Claim
Some people believe they can handle their claim alone without legal help. While it is possible, it’s often not the best choice. Insurance companies have teams of lawyers working to protect their interests.
Without legal knowledge, a pedestrian accident victim may accept a settlement far lower than they deserve. A pedestrian accident lawyer can negotiate on their behalf and ensure they receive fair compensation.
Conclusion
Believing in myths about pedestrian accident claims can cost victims time, money, and the compensation they deserve. It’s important to understand the facts and take the right steps after an accident. Whether or not a pedestrian was in a crosswalk, whether the driver was speeding, or how long the claim takes—none of these factors alone determine the outcome of a case.
If you or a loved one has been involved in a pedestrian accident, don’t let misinformation prevent you from seeking justice. Get the facts, understand your rights, and consider consulting a professional to guide you through the process.
Leave A Comment