personal injury lawyer

Is The Driver Always At Fault In A Pedestrian Accident?

Pedestrian car accidents usually end with substantial, but not to the vehicle.

Pedestrians are left with significant injuries while little or no damage is done to the vehicle or injuries to its occupants.

Pedestrians are indeed in a highly vulnerable position on the road.

But is the fault for a car-pedestrian always clear-cut?

When an auto accident occurs, your lawyer must examine many factors to determine responsibility.

The responsibility often falls on the driver, but the pedestrian, and at times potentially a third person or entity, could also be negligent. 

In the article below, we will discuss if the driver is always at fault in a pedestrian accident.

The Duty Of Care

A crucial part of personal injury law is the duty of care.

Duty of care says that everyone is expected to exercise a reasonable level of care under a given set of circumstances.

So, drivers and pedestrians are always expected to obey posted traffic laws and follow the rules of the road when they’re driving or using a marked crosswalk.

If one person fails to act with reasonable care and ends up causing harm to another, the law considers the first person negligent, regardless of who was driving and who was walking.

So, if a pedestrian jaywalks and fails to exercise reasonable care and that failure causes a car accident, the pedestrian will be considered at fault.

If you are hit while jaywalking because the driver of the vehicle couldn’t avoid hitting you, you will probably be considered at fault for the accident.

But suppose the driver had sufficient time to take evasive measures, and they ended up crashing into parked cars instead of hitting you.

In that case, you will likely be liable for damage to the vehicles and any injuries to the driver.

When Is A Pedestrian Is Responsible for the Accident?

More often than not, people take steps to avoid hitting a pedestrian, and pedestrians will take steps to avoid being hit.

But sometimes, pedestrians act in ways that make it impossible for someone driving in a normal, cautious manner to avoid a collision.

In those instances, the insurance companies, judge, or jury will find that the pedestrian caused the accident.

Even if a driver was going five or ten miles over the speed limit, but the pedestrian acts in a way that the driver could not have used evasive maneuvers to avoid the collision at any speed, the pedestrian will likely be found at fault.

However, they may be partially at fault for the accident.

Can the Driver and Pedestrian Share Responsibility?

Drivers and pedestrians often share responsibility for an accident.

For example, a driver may be found 60 percent responsible for the accident, while the pedestrian is 40 percent responsible.

Some states are referred to as pure comparative negligence states.

This means that even if the pedestrian or driver is more than 50% at fault, they can still recover damages.

Damages are reduced by the percentage of negligence.

So if his damages are $100,000 and he is 40% negligent, he will receive $60,000.

Some states have negligence laws that say that you receive nothing if you are even 1% negligent.

Others say that you receive nothing if you are 50% or more negligent. 

Can a Third Party Be Responsible?

Your personal injury lawyer will examine the facts surrounding your case to see if a third party could be liable.

If the driver was driving under the influence of drugs or alcohol, a claim could be made against the person that served the alcohol to the driver.

A property owner could be negligent in maintaining their property if they have something blocking the view of drivers.

A vehicle manufacturer may also be responsible if a faulty part causes the wreck.

Your attorney will look for these other theories of liability and insurance coverage.

The Accident Investigation

Following a pedestrian-driver accident, lawyers and insurance companies will look at the facts of the accident.

If the insurance company can find evidence that the pedestrian was at fault for the accident, they will try to deny the pedestrian’s claim.

If the driver suffers injuries due to negligence by the pedestrian, the driver can receive damages for the accident.

The insurance companies, as well as your pedestrian accident lawyer, will review the following evidence:

  • Vehicle damage
  • Skid marks
  • Traffic signals
  • Visual obstructions
  • Road conditions
  • Weather conditions
  • Driver statements
  • Witness statements
  • Driver and pedestrian phone records
  • Toxicology reports
  • Police report
  • Surveillance footage

What Kinds of Damages Are Available After a Pedestrian-Car Accident?

In the legal process, damages are compensable losses.

After a pedestrian accident, the pedestrian and the driver can claim damages against one another.

But if the driver was uninjured and there’s no real damage to the driver’s vehicle, the driver won’t have any compensable damages.

An injured pedestrian able to pursue a claim against the driver’s insurance company or file a lawsuit can usually recover for a wide variety of damages.

An injured pedestrian may receive compensation for:

  • Medical bills, including the cost of necessary future treatment
  • Lost wages as a result of the accident
  • The economic impact on the pedestrian’s ability to earn a living in the future
  • Pain and suffering resulting from the accident, the injuries, and necessary medical procedures,
  • Loss of enjoyment of life, emotional distress, and other non-economic losses.

Have You Been Injured In A Pedestrian Accident?

If you’ve been hurt in a pedestrian accident, you need to speak to an experienced car accident lawyer as soon as possible.

Being a victim of a pedestrian accident is challenging in many ways.

Navigating the recovery and legal landscapes is a chore.

Fortunately, you don’t have to do it alone.

Contact the pedestrian injury attorneys at Schuerger Shunnarah Trial Attorneys for a free consultation today.

Let a qualified pedestrian accident lawyer perform a free case evaluation and help you plan the next steps.

car hits pedestrian as they cross the road
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What Is The Cost To Hire A Personal Injury Lawyer?

Most people will have to seek legal counsel from an attorney for one reason or another.

If you were involved in a traumatic accident, like a motor vehicle accident, a work accident, or a slip and fall accident and sustained injuries, you will definitely need the help of a lawyer.

If you suffered severe injuries, like a traumatic brain injury, you might be entitled to large sums of money, and you will need an accident attorney to help you take legal action and file a personal injury claim.

However, many accident victims are already worried about paying their regular bills, not to mention their new medical expenses to treat their accident injuries.

The thought of paying a personal injury lawyer is overwhelming to many people.

What you ultimately pay a personal injury lawyer depends on various factors, including whether a claim settles out of court, must be taken to court, or goes to trial.

Fortunately, personal injury lawyers are very affordable and work on a contingency basis.

We’ll learn more about what a personal injury lawyer may cost in the article below.

What Do Personal Injury Lawyers Charge?

When you hire a personal injury attorney, you will agree to pay fees and costs for legal representation in a case.

Your accident attorney will explain how and why they charge for their services and any additional costs you may incur throughout a case.

We understand that injured people are among the most financially vulnerable.

Between being unable to work to facing mounting medical bills, the idea of adding attorney’s fees may make you want to handle your accident claim by yourself.

Knowing precisely what you will pay your lawyer would be extremely difficult because every case is different, and circumstances can change over time.

But it is possible to develop an idea of what you could pay depending on different case outcomes and how attorneys’ fees and costs often affect a client’s net recovery.

Start With A No Cost – No Obligation Personal Injury Consultation

99% of accident lawyers worth your time will offer a free consultation to discuss your case.

You can reach out to several local accident attorneys to them about your accident at no cost to you.

During your initial consultation, you should ask any questions about your situation to evaluate whether the attorney is right for your legal representation.

Law firms offer free consultations because a personal injury attorney is only as good as the number of clients they can serve.

That’s why they need to talk to as many potential clients as they can, and it’s in your best interest to “interview” a lawyer to make sure they are a good fit.

This is a good time to discuss the cost to hire a personal injury lawyer at this firm and if they work on a contingency fee agreement.

injured woman talks to a personal injury lawyer

Contingency Fee Agreement

Instead of charging hourly rates, most personal injury attorneys work on a contingency fee basis.

If you have mounting medical bills and other costs, paying a contingency fee percentage when you are compensated means you don’t have to worry about legal fees upfront.

Any services your personal injury law firm provides, from the initial interactions and negotiations with insurance companies to represent you in court, will be paid out of your settlement check.

Instead of paying lawyer fees and other costs as you go, you will pay your attorney a percentage of the settlement or court award you receive.

Contingency fee claims allow anyone to hire a lawyer and receive maximum compensation, regardless of their previous financial status.

A contingency fee arrangement ensures you are not deterred from exercising your right to retain a legal representative, and it allows you to focus on your physical recovery.

personal injury lawyer at trial for victim

How Are Court Costs Paid For?

Your personal injury case will get significantly more expensive if it has to go to court.

Fortunately, most claims settle outside of court.

But if the insurance companies don’t cooperate, you could end up in court.

Even though you don’t need to pay your lawyer’s fee unless you win your case, court costs have to be paid as they come in.

Typical court costs include:

  • Expert witness fees
  • Trial exhibits
  • Court reporters
  • Travel fees
  • Police reports
  • Medical records
  • Filing fees
  • Copying and postage charges
  • Administrative expenses

Each attorney will have a different approach when it comes to paying these expenses.

Some lawyers send monthly bills for costs incurred.

Others will keep track of all expenses and deduct them from your compensation when you win your case.

Is It Worth the Cost To Hire A Personal Injury Lawyer?

It’s tempting to think you might be able to win the case by yourself so you can keep your entire settlement.

But before you represent yourself, there are a few essential things to keep in mind.

You have to submit the right documents to the right parties on time.

Any mistakes can undermine the success of your case.

Things become significantly more complicated if the case ends up in court.

The insurance company will have a team of high-caliber, experienced lawyers specializing in fighting accident claims.

You will be up against them alone.

They will do everything they can to avoid giving you the compensation you deserve for your injuries.

A good personal injury attorney knows the tactics insurance companies use to fight your claims.

They will fight back against the insurance companies to ensure you receive a fair settlement.

While you may lose a percentage of your settlement, we can almost guarantee that you will receive more money than you pay when you hire an attorney.

Contact Schuerger Shunnarah Trial Attorneys

Don’t let the cost to hire a personal injury lawyer keep you from obtaining one.

There may be subtle differences between personal injury lawyers regarding how they charge clients.

However, knowing about the fees and costs when you hire an attorney will give you peace of mind before you hire an attorney.

Personal injury cases can be messy.

To secure fair compensation after a personal injury, you need an injury lawyer on your side.

Your attorney won’t let your insurance company push you around and will ensure you receive the compensation you deserve.

If you’re ready to discuss your case with a team you can trust, Schuerger Shunnarah Trial Attorneys is here to help. 

Schedule a free consultation to get started.

call to discuss how much a personal injury lawyer cost
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What Are The Most Common Types Of Personal Injury Cases?

The legal field encompasses many roles.

Different types of lawyers will help solve different kinds of problems.

Being injured in an accident can leave you with long-term consequences, like chronic pain, medical bills, and lost wages.

Fortunately, if the negligence of another individual caused your injuries, you can receive compensation for your injuries and other damages.

But receiving that compensation isn’t an easy task.

An injured person will likely be up against large insurance companies with teams of expensive lawyers whose job it is to pay out as little compensation as possible. 

This is where a personal injury attorney comes in.

Your personal injury lawyer will take legal action on your behalf to help you recover the compensation you need to cover your damages.

If you’ve been injured in an accident, you need to seek legal representation from a qualified personal injury attorney that will fight for the compensation you deserve. 

In the article below, we will discuss the types of cases a personal injury attorney can handle.

What Is A Personal Injury Case?

A personal injury case involves reckless, careless, or negligent behavior from a person, business, or other entity that injures another person.

To win a personal injury case, you must provide proof of negligence to win compensation for your accident-related losses.

Personal injury cases have four main components:

  1. First is the duty of care: A person, business, or other party owes a standard of care to the people around them. This means you are expected to behave reasonably and rationally to keep those around you safe.
  2. Next is the breach of duty. To win a personal injury case, it has to be proved that the at-fault party violated the duty of care by behaving recklessly or negligently.
  3. Now you have to prove causation, which is that the breach directly caused harm to someone else.
  4. Lastly, you must show that you suffered losses due to the breach of the duty of care.

Someone who fails to act reasonably and harms someone else is at fault and can be held liable.

But to hold a negligent party accountable, you have to file a personal injury claim.

The “burden of proof” in a personal injury claim lies on the injured victim.

That means it’s up to you and your injury lawyer to prove all four elements of negligence by presenting supporting evidence.

Now, here are a few of the most common types of personal injury cases.

Personal Injury Lawyer evaluates case

Most Common Types of Personal Injury Cases

Catastrophic Injuries

Catastrophic injury cases refer to cases with injuries that have long-term, life-altering consequences.

Catastrophic injuries often lead to lifelong disability, ongoing medical care, and financial burdens caused by high medical bills and lost wages.

Examples of catastrophic injuries include:

  • TBI and brain injuries
  • Burn injuries
  • Amputations
  • Broken bones
  • Dog Bites and animal attacks
  • Spinal cord and back injuries
  • Head Injuries and concussions
  • Whiplash and neck injuries
  • Post-Traumatic Stress Disorder (PTSD)
  • Medical malpractice injuries
  • Injuries In truck accidents

If you were in a catastrophic accident due to someone else’s negligence, a personal injury attorney can evaluate and document the overall impact the injury has had on your life. 

You need to assess how the injury has affected your life and livelihood today, but you also need to understand how your life will be impacted years into the future.

In addition to physical harm and disability, a severe injury can negatively affect your professional life, family life, emotional health, and your overall quality of life.

Car Accidents

Minor auto accidents can result in severe injuries that will require extensive medical treatment.

If accident injuries cause you to miss work, it can result in financial hardship for the entire family.

If you’ve been injured in a motor vehicle accident, you should engage the services of a seasoned personal injury lawyer.

They will make sure you get fair compensation for your losses.

Slip and Fall Accidents And Premise Liability

Under premises liability law, property owners have a legal duty to keep their premises reasonably safe and free of hazards or dangerous conditions to protect those on their property.

If a property owner fails to uphold their legal duty and someone on their property suffers an injury, they may be legally liable for the incident.

If you suffer an injury in a slip and fall accident or another premise liability accident, your personal injury lawyer will help you determine if you have a case against the property owner.

Workplace Accidents

If you are injured at work, receiving the worker’s compensation benefits you need is not a guarantee.

Worker’s comp claims are frequently denied for various reasons, making injured workers feel as though they are out of options. 

If you’ve had a worker’s compensation claim denied, you can appeal it with the help of a lawyer and potentially recover compensation.

The laws surrounding worker’s compensation are complicated, which is why you need an experienced workers’ compensation attorney to help you navigate the process. 

Man is injured and needs a personal injury lawyer

Product Liability

We have consumer protection laws in place to protect the public.

They ensure that businesses market products that are safe.

Even still, defective products find their way to consumers. 

If you have been injured due to a defective product, you have legal options.

If a company designs, manufactures or sells dangerous products, it can be held liable if the products cause harm.

A personal injury law firm experienced in product liability cases can bring negligent manufacturers to justice and receive total and fair compensation on your behalf. 

Wrongful Death

About 38,000 people die in car crashes each year in car accidents alone.

That’s not including cases of medical negligence and other accidents that also lead to death.

If you lost a loved one in a fatal accident, you might be entitled to compensation.

The compensation should cover burial expenses, pain and suffering, and more.

An experienced lawyer can explore ways to ease your financial burdens and guide you through this difficult time.

Free Personal Injury Case Evaluation

Personal injury lawyers often work on a contingency fee basis.

A contingency fee agreement means the attorney will not charge any upfront fees and then take a percentage of the settlement for their legal fees.

Therefore if they don’t get you a settlement, you don’t pay.

Along with a contingency fee agreement, most personal injury lawyers will offer a free personal injury consultation.

Therefore there is no risk in calling!

Contact Schuerger Shunnarah Trial Attorneys

Personal injury cases can be messy.

Insurance companies don’t always play fair because they need to protect their profits by avoiding paying you the money you need.

To secure a reasonable settlement after a personal injury, you need an aggressive advocate on your side.

They’ll ensure you receive the compensation you deserve to cover medical bills and other losses while you heal from your injuries.

If you’re ready to discuss your case with a team you can trust, Schuerger Shunnarah Trial Attorneys is here to help. 

Schedule a free consultation to get started.

Free consultation for many types of personal injury cases
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