Litigation involved with pedestrian accident lawsuits can be long and arduous. After reaching a settlement, it can take many months, or years, before you actually receive your legal fee.
Post-settlement legal funding, also known as our Fee Acceleration program, is a cash flow solution for attorneys waiting on slow-paying legal fees. Convert your settled fees into immediate working capital so you can smooth out irregular cash flow and continue to grow your firm. Call RD Legal Funding at 1-800-565-5177 to speak with a legal funding specialist. Or fill out the brief form to your right to begin the application process.
Pedestrians and cars share the roads and both are responsible for exercising ordinary care. However the drivers of the car have the added responsibility of keeping their automobiles under sufficient control to avoid injuring pedestrians. When cars collide with pedestrians, the results can be disastrous. Most pedestrian fatalities are due to traumatic brain injury resulting from the impact of the head against the car’s hood or windshield. Even at speeds as low as 10 miles an hour, a collision between a car and pedestrian can result in broken bones, head injuries, back and neck injuries, and lacerations.
According to the Centers for Disease Control, almost 4,300 pedestrians were killed in traffic accidents in the United States in 2010 and another 70,000 were injured. This averages out to one crash-related pedestrian death every two hours and a pedestrian injury every eight minutes. Pedestrians are 1.5 times more likely than passenger vehicle occupants to be killed in a car crash.
Most pedestrian deaths occur in urban areas, non-intersection locations, and at night. Older adults — pedestrians ages 65 and older — accounted for 19 percent of all pedestrian deaths in 2010 and an estimated 11 percent of all pedestrians injured.
Alcohol impairment either for the driver or the pedestrian was reported in 47 percent of crashes that resulted in pedestrian death. Thirty three percent of the pedestrians involved had blood alcohol content above 0.08.
Pedestrians involved in car accidents may be entitled to collect damages for medical costs, lost wages, pain and suffering, and more. For wrongful death cases, the family of the deceased may be able to collect for loss of future income and benefits and loss of companionship.
Different state laws affect the determination of liability in car accidents. For example, Maryland and Virginia follow a “pure contributory negligence rule” in which if the pedestrian contributed at all to the accident, then the other driver and insurer cannot be sued. Other states follow a “comparative fault” rule by which the pedestrian can recover some damages even when they were partly to blame.
Recovering damages for pedestrians injured in car accidents can be complex. The injured pedestrian may have insurance coverage under their health and disability insurance policies. If the accident happened while the pedestrian was working, workers compensation may apply. The majority of states require car owners to carry liability insurance which covers third party injuries. If the accident takes place in a no-fault insurance state, laws vary as to who is responsible for coverage for pedestrians. Depending on the nature of the road where the accident occurred, towns, states or the federal government may share liability. If the pedestrian was struck by a commercial vehicle, the company could also become a target.
Stop waiting on slow-paying legal fees. Let RD Legal Funding provide a post-settlement advance so you can meet your financial obligations. Get started today by filling out the brief form at the top of this page. Or call RD Legal at 1-800-565-5177 to speak with an attorney fee funding expert.