Omaha Pedestrian Accident Lawyers
Legal Counsel for Pedestrian Accident Victims
Did you know that the most dangerous place to be in a car accident isn’t necessarily in one of the cars? Pedestrians are injured in car accidents at a higher rate today than they ever have before. While there are a number of suggested reasons for this, there’s no denying that pedestrian accidents are a serious issue that can cause life-changing injuries. If you have been injured as a pedestrian, you should not hesitate to call a pedestrian accident attorney in Omaha, NE as soon as possible to begin reviewing your options; you could be eligible to receive substantial compensation.
Entrust Your Case to a Pedestrian Accident Law Firm That Cares
At Burnett Wilson Law, we have many years of experience helping victims of pedestrian accidents seek financial relief for their injuries. Attorneys Joe Risko and Andy Wilson have more than 50 years of legal practice experience that they can put to work for your case. We believe that everybody deserves justice when they have been injured, but unfortunately justice is rarely guaranteed, and in many cases must be fought for. Our attorneys are powerful and trustworthy allies in and out of the courtroom, and can help you obtain the outcome to your case you are seeking after you have been injured.
For more information about your rights as a pedestrian in an auto accident, call the Omaha pedestrian accident attorneys at Burnett Wilson Law today at (402) 810-8611 to schedule a case evaluation.
On This Page:
- Causes of Pedestrian Accidents
- Common Injuries Sustained In Pedestrian Accidents
- Damages That Can Be Recovered
- Suing For Fatal Pedestrian Accidents
- Preventing Pedestrian Accidents
- What To Do If You Get Hit By a Car
- Is the Driver Always At Fault?
- How Common Are Pedestrian Accidents?
Causes of Pedestrian Accidents
Despite safety features like elevated sidewalks, dedicated crosswalks, and pedestrian-specific walkways, the number of pedestrians injured or killed in car accidents every year continues to rise. In fact, more than 4,700 people were killed and 66,000 were injured in the year 2013 alone. That’s an average of one person killed just over every two hours.
Common causes of pedestrian accidents include:
- Distracted drivers
- Jaywalking/crossing unsafely
- Loss of vehicle control
- Poor visibility of a pedestrian
Common Injuries in Pedestrian Accidents
When a pedestrian is struck by a vehicle, they may sustain any of the following types of injuries:
- Lower body injuries - Including legs, feet, ankles, hips, etc. The most common types of injuries include broken bones, torn muscles or ligaments, fractures, lacerations, etc. This is the most common zone for injuries in pedestrian vs. car accidents.
- Neck, face or head injuries - These types of injuries can occur if the pedestrian's head strikes the hood of the car or the windshield. Common injuries include: spinal injuries, brain injuries, fractures, lacerations, concussions, etc.
- Upper body injuries - This is the least common area of injury but still occurs in a large percentage of pedestrian accidents. This includes injury to the arms, chest, abdominal area, wrists, etc. Common injuries to these zones include breaks, internal bleeding, lacerations, torn muscles or ligaments, etc.
What Damages Can You Recover in a Pedestrian Accident?
Just like any other personal injury claim, if you are hit by a car as a pedestrian, you may be eligible to receive compensation for the following:
- Economic Damages - This includes personal property that may have been broken in the accident, medical bills, lost income if you are unable to return to work immediately, etc.
- Non-Economic Damages - This would include pain and suffering you experience as a result of your injuries
- Punitive Damages - This type of damage is used specifically to punish the wrongdoer, particularly if they were breaking the law at the time of the accident (for example, if the driver who hit you was speeding or was drunk at the time)
Suing for Fatal Pedestrian Accidents
Sadly, many pedestrians do not survive being hit by a vehicle. In situations where you have lost a loved one because of a motorist's negligence, you still have options for pursuing justice. While no lawsuit will bring your loved one back, we do believe in holding the guilty party responsible for their actions and working to right that wrong as much as possible. Our pedestrian death lawyers are here to fight for your rights and recover compensation for you and your family for the following:
- Funeral/burial costs
- Pain and suffering experienced by your loved one prior to their death
- Lost financial support your loved one would have contributed to your family
- Medical costs incurred prior to their death
You don't have to go through this difficult time on your own. We encourage you to contact our pedestrian death attorneys in Omaha for the compassionate representation you need.
Preventing Pedestrian Accidents
Preventing a pedestrian accident is a two-way street; both drivers and pedestrians themselves can follow a few best practices and make the roads safer for everybody. For drivers, always be alert and on the lookout for potential pedestrians, especially in slower areas with a large number of cars parked along the side of the road. Be extra cautious around crosswalks and intersections. Always follow the speed limit, and pay particularly close attention to the sides of the road when driving through a neighborhood or school zone.
For pedestrians, always cross at an indicated crosswalk, or at a well-lit area if one is not available. Never step out from between two parked cars or where a driver cannot see you. Stay alert, don’t become distracted by an electronic device, and if you are about to cross a street, make sure all vehicles see you and come to a stop; make eye contact to be sure.
Commonly Asked Questions About Pedestrian Accidents:
What Should You Do If You Get Hit By a Car As a Pedestrian?
If you are ever struck by a car while in the crosswalk or in a parking lot, or anywhere else, you should follow the below steps to ensure you don't miss anything that could be helpful in a pedestrian accident lawsuit later:
- Get medical attention immediately
- Be sure to keep a record (and take photos) of any injuries sustained
- File a police report if a statement is not taken at the scene of the accident
- Don't discuss who was at fault with the driver or the driver's insurance company at the scene of the accident; wait until you have discussed your accident with a lawyer
- Contact your insurance company to notify them of your accident; be careful what information you provide them with
- Discuss your accident with a professional pedestrian injury lawyer to ensure your case is in good hands going forward
Is a Driver Always At Fault When Hitting a Pedestrian?
While all drivers have a duty to avoid hitting pedestrians at all times, that doesn't necessarily mean that they will always be found responsible for the accident. For example, if a driver is exercising caution and obeying the rules of the road, but a pedestrian suddenly jumps out directly in front of their car, the driver will most likely be unable to stop in time. However, because they were doing everything in their power to drive safely, the pedestrian will most likely be found to be at fault for the incident.
Similarly, if a pedestrian steps out in front of a car without warning and forces the driver to take evasive maneuvers that result in damages, the pedestrian will likely be held liable for those damages.
If you are uncertain about who may be at fault for your injuries, you should reach out to our pedestrian injury lawyers to discuss your accident.
How Common Are Pedestrian Accidents?
- 2019 data published by the Insurance Institute for Highway Safety shows that there were over 6,200 pedestrian deaths that year, accounting for 17% of all car crash fatalities.
- Of these deaths, over 1,200 of them (21%) involved a hit-and-run accident.
- In general, individuals who are 70 years or older are the most at-risk for pedestrian accidents.
- The IIHS also reported that in 2019, 42% of pedestrians over the age of 16 who were killed at night had a blood alcohol content of 0.08% or higher.
- 82% of pedestrian deaths occurred in urban areas, as opposed to highways, interstates, or rural areas.
Seek dedicated legal counsel for your injury claims; contact Burnett Wilson Law today to speak with our pedestrian accident lawyers in Omaha!