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Crossing the road exposes you to numerous dangers, from drunk driving crashes to hit-and-run accidents. It is estimated that 25 pedestrians die each year from road accidents in Arkansas. And those that survive end up with severe injuries because they lack the protection of seatbelts, airbags, and other protective devices.
Lawmakers have found numerous ways to protect pedestrians from other road users that are more protected. But even with these local and state laws in place, you have to fight for them. You might need the assistance of a Little Rock personal injury lawyer if you are hit while jaywalking.
On Which Sections Do Pedestrians Have Right of Way?
Pedestrians crossing at intersections or crosswalks have the right of way. Most of our road sections are usually marked, but drivers are expected to wait for pedestrians to pass, even on unmarked sections. A Little Rock pedestrian accidents attorney could assess a scene and tell you if you had the right of way.
While pedestrians lose the right of way between intersections, it doesn’t give drivers the right to hit them. If an accident happens outside crosswalks or intersections, it can be the driver’s or the pedestrian’s fault depending on the situation.
In What Instances is the Driver at Fault?
The driver can be held liable for a pedestrian-car accident if they were overspeeding or violating other traffic laws. Some of the road rules that can put a driver in trouble include:
- Not keeping a proper distance behind other drivers
- Not making complete stops at stop signs or red lights
- Not using turn signals appropriately
- Not driving under the speed limits
- Failing to look both ways
- Rolling the red light to turn right on red
- Looking down to send a text
Someone can sue a driver on the grounds of recklessness or negligence. Your lawyer needs to prove that the other party was aware of what their actions could yield, but they still risk your safety.
When is it the Pedestrian’s Fault in A Pedestrian Accident?
Sometimes, an accident can be the pedestrian’s fault. This happens when you act in a way that a driver couldn’t do much to prevent the accident from happening. Examples of such circumstances include:
- An inattentive pedestrian stepping off the curb into traffic
- A child chasing a ball into the street
- A pedestrian quickly jumping out into the street
The way you acted right before an accident determines whether you contributed to it or not. Make sure that you discuss everything with a pedestrian accidents attorney in Little Rock, AR, to find out if you were at fault or not.
Do I Lose Out on Compensation if I Was at Fault?
You may have failed to look both ways or entered the street at the wrong location, but this doesn’t block you from getting compensation. A poor decision or a minor oversight on your part doesn’t always translate to 100% fault in an accident.
Under Arkansas’s “modified comparative fault” system, pedestrians less than 50% at fault can still get compensation. For instance, your failure to look at both sides could be 10% fault, and the driver that ran a red light could be 90% at fault for the crush. So, you will only lose 10% of all damages.
How Does the Medical Aide Laws Help Pedestrians in Arkansas?
In Arkansas, all automobile liability policies are required to cover pedestrians when injured in an accident. The injured pedestrian can receive:
- Accidental death benefits
- Disability benefits of up to $140 a week for up to 52 weeks
- Medical benefits and aid of up to $5,000
Indeed, these benefits allow many injured pedestrians access compensation, but it often gets exhausted quickly. But the compensation that can be awarded in a personal injury case is sufficient to cover all the medical needs and more.
How Can I Benefit From a Personal Injury Lawsuit?
If you are determined to get more than $5,000 in medical benefits or $140 a week in disability benefits, a personal injury lawsuit is what you need. The fact is that you will need more than what is offered by automobile insurance as medical aide benefits.
A personal injury award can cater for both physical and emotional wounds and can be maximized if a Little Rock pedestrian accidents attorney represents you. You can get compensation for:
- Pain and suffering
- Depression
- PTSD
- Head injuries
- Broken bones
While you are bound to get more compensation if you pursue a personal injury case, it doesn’t come easy. You have to beat the arguments of the defendant’s legal team.
What Should I Prove to Get Damages From a Pedestrian Accident?
Like all other cases, you must bring proof to convince the judge to award you damages. And it takes a proper understanding of Arkansas’ laws and experience with similar cases to pursue a personal injury case successfully.
Duty of Care
It is critical to show evidence that the motorist owed you a duty of care and ought to have stayed sober or avoided distractions.
Breach of Duty
You must also show how the driver failed you as a road user by failing to drive responsibly, a behavior that led to the accident.
Causation
The jury will also need to see a clear correlation between the accident, your injuries, and the driver’s behavior on the road.
The most useful pieces of evidence are collected soon after a crash. Thus, it is critical to contact an Arkansas personal injury attorney as soon as you are involved in an accident; before anyone tampers with the evidence.
Lawyers Securing Compensation For Victims
While jaywalking is wrong, it does not relieve the driver from fault in a pedestrian-car accident. You can still be entitled to compensation. However, fighting for it might be complex and challenging. Insurance companies might try talking you out of it to avoid parting with money for your compensation.
A pedestrian accident attorney at Denton & Zachary, PLLC is an advantage to your case. If the attorney handles the legal bit of your case, you are assured of getting everything you legally deserve. Talk to us today to get your case rolling.