Pedestrians may not always have the right of way, but drivers still have a duty to avoid striking them. When they fail to do so, these collisions can lead to pain, missed work, lengthy recovery periods, and psychological trauma. Recovering from your injuries can be difficult, and you should not have to do it while facing the legal process alone. A Madison pedestrian accident lawyer could guide you through filing a claim while you focus on healing.
At Siniard Law, LLC, we could help you investigate what happened, identify the responsible parties, and pursue compensation for your losses. Our personal injury attorneys could also gather evidence, communicate with insurance companies, and establish how the collision occurred.
Understanding How Pedestrian Accidents Occur
Pedestrian accidents often result from driver negligence, such as failing to yield, speeding, distracted driving, or not watching for pedestrians.
Other common driver errors include:
- Striking someone in a crosswalk
- Failing to see a pedestrian at an intersection
- Backing into someone in a parking area
- Misunderstanding right-of-way requirements
However, the fault does not always lie solely with the driver. In some cases, pedestrians step out into traffic in a way that a driver cannot reasonably avoid. Visibility, roadway conditions, traffic signals, and crosswalk locations can also contribute to a collision.
Determining responsibility for a pedestrian collision in Madison requires a lawyer to review the totality of the circumstances. We may examine photographs, traffic signals, vehicle damage, witness statements, police reports, available video, and other evidence when investigating your injury claim.
How Can the Contributory Negligence Rule Affect Your Claim?
The state’s contributory negligence system makes fault critically important to your claim. Because any degree of negligence on your part can allow a court to deny compensation, injured pedestrians in Madison should consult an attorney before discussing the accident with the opposing side or their insurers.
In these cases, insurance companies often question whether the injured party violated traffic laws or otherwise failed to use reasonable care. While insurers may argue that their driver was not at fault, they do not make the final decision, even if you walked in the roadway or crossed outside a designated location. The specific facts of the collision determine responsibility.
Building a Strong Pedestrian Injury Claim
Medical records, photographs, witness statements, and your own account of the incident can help establish fault. However, recovering adequate compensation requires proving the extent of your injuries. A pedestrian accident lawyer in Madison could help you strengthen your claim by providing evidence such as:
- The length of your recovery
- Time missed from work
- Any long-term impact on your ability to work
- Medical bills
- Pain and suffering
We could help gather and review this information while investigating the circumstances surrounding your accident. Depending on our findings, your claim may include compensation for medical expenses, lost income, physical injuries, and other losses recognized under state law.
Contact Our Madison Attorneys After a Pedestrian Accident
Recovery from an injury can be physically, mentally, and emotionally exhausting. Dealing with insurers during that time not only makes the process more difficult, but it also leaves you vulnerable to unfair tactics. Seeking legal guidance may help you understand what evidence is important and what steps to take as your claim develops.
Contact Siniard Law, LLC, today if you sustained injuries from a vehicle while walking. A Madison pedestrian accident lawyer from our team could review your circumstances, explain your options, and help you move forward with your claim.
