Do I Need a Pedestrian Accident Attorney

Every day, countless pedestrians take to the streets, traversing busy sidewalks and crosswalks in hopes of reaching their destinations safely. Unfortunately, despite best efforts, accidents can and do happen. Whether it's a simple trip-and-fall or a severe collision with a motor vehicle, the aftermath of a pedestrian accident can be overwhelming. If you or a loved one has been involved in such an incident, you might ask, "Do I need a pedestrian accident attorney?" 

For several reasons, seeking legal counsel can make a significant difference in your journey toward recovery and justice.

Understanding Pedestrian Accident Cases

Pedestrian accidents encompass a wide range of incidents where a person walking is injured by a vehicle. These accidents can occur on busy city streets, suburban neighborhoods, or even in parking lots. Common scenarios include:

• Crosswalk Collisions: When a driver fails to yield to a pedestrian at a designated crosswalk.


• Sidewalk Trespassing: When a driver accidentally or intentionally drives onto a sidewalk, striking a pedestrian.


• Distracted Driving: Incidents caused by drivers texting, talking on the phone, or otherwise not paying full attention to the road.


• Impaired Driving: Accidents involving drivers under the influence of alcohol or drugs.


• Poor Visibility: Collisions that occur due to inadequate lighting or weather conditions that obscure a pedestrian's presence.

The consequences of these accidents can be devastating. Victims may suffer from severe physical injuries such as broken bones, head trauma, or spinal cord damage. Beyond the physical toll, pedestrian accidents often lead to emotional distress, financial strain from medical bills, and loss of income due to an inability to work.

Contested Responsibility for the Accident

Determining who is at fault can be complex and contentious in some pedestrian incidents. Even when a driver seems obviously at fault, their insurance company may argue otherwise. Pedestrian accident cases can involve complexities like jaywalking, obstructed views, or poorly lit areas that could shift some blame to the pedestrian.

When liability is disputed, having a knowledgeable attorney on your side becomes essential. They can meticulously gather and analyze evidence, including witness statements, traffic camera footage, and expert opinions, to build a strong case that clearly establishes the responsible party. 

This legal knowledge is crucial in ensuring that you are not unfairly held accountable and that the actual liable party is identified, thereby increasing your chances of receiving fair compensation for your injuries and losses.

Unfair or Rejected Insurance Claims

Dealing with insurance companies can be frustrating, especially when they deny your claim or offer a settlement that doesn't adequately cover your damages. Insurance adjusters often aim to minimize payouts, leaving you struggling to pay for medical bills and other expenses. 

An attorney can advocate on your behalf, challenging unjust decisions and negotiating for a settlement that truly reflects the extent of your injuries and financial losses. Their skills in handling insurance negotiations ensure that you are not taken advantage of and receive the compensation you rightfully deserve.

Navigating Comparative Negligence Laws

Michigan operates under a comparative negligence system, which means that if you are found partially at fault for the pedestrian accident, your compensation may be reduced proportionally. Understanding how these laws apply to your specific situation can be complicated. 

An attorney understands these legal nuances. They can help determine the extent of fault and maximize your compensation despite any shared responsibility. Their ability to interpret and apply comparative negligence principles effectively can make a significant difference in the outcome of your case, ensuring you receive the highest possible compensation.

How Can a Pedestrian Accident Attorney Help You?

Suffering from a pedestrian accident can feel overwhelming, but having an experienced attorney on your side can make all the difference in navigating the challenges ahead.

They Handle the Legal Process While You Focus on Healing.

Recovering from an accident takes time, energy, and focus. Between physical therapy sessions, follow-up medical appointments, and emotional recovery, victims often feel overwhelmed. A personal injury lawyer takes the stress of the legal process off your shoulders. They’ll compile evidence, deal with insurance adjusters, and negotiate on your behalf so you can concentrate on your health.

They Investigate to Strengthen Your Case.

Building a strong case requires thorough investigation. Attorneys often work with accident reconstruction experts, interview witnesses, gather surveillance footage, and review police reports to uncover every detail of what happened. For example, they could discover that the driver was texting at the time of the accident or that faulty crosswalk lights contributed to the incident.

They Calculate Your Total Losses.

It’s not just about covering your current medical bills. After an accident, you may face long-term expenses that include ongoing rehabilitation, the need for assistive devices or medications, or even modifications to your home to accommodate mobility challenges. On top of that, there’s the loss of income if you’re unable to work—or the emotional toll of pain and suffering. An attorney can assess both the tangible and intangible losses to ensure they’re included in your claim.

They Negotiate Aggressively for You.

Insurance companies are skilled at minimizing payouts. They may try to claim that your injuries aren't as severe as you state, or they might play hardball and refuse to budge on a low offer. Experienced attorneys know the tactics insurers use, and they’re prepared to push back, using evidence and legal expertise to demand the compensation you deserve.

They Ensure You Meet Important Filing Deadlines

Pedestrian accident cases come with strict deadlines, known as statutes of limitations. If you miss these crucial deadlines, you could lose your right to pursue compensation. A pedestrian accident attorney can ensure your legal claims are filed on time.

They Represent You in Court if Necessary.

While many personal injury cases settle out of court, some do require litigation. If negotiations break down, a pedestrian accident attorney can take your case before a judge and jury. Their courtroom experience and ability to present a compelling case might be the key to achieving justice.

Examples of Situations Where Attorneys Can Help

To understand the value of legal representation, consider these common scenarios:

• Distracted Driving Incident: A woman is struck in a crosswalk by a driver who was texting. The driver claims that the pedestrian stepped off the curb suddenly. Through cell phone records and video footage from a nearby store, her attorney was able to prove the driver wasn’t paying attention and secured compensation for her medical bills and lost wages.


• Hit-and-Run Accident: A driver speeds off after hitting an elderly man. With no initial information about the at-fault party, the man’s attorney worked closely with law enforcement, used traffic camera footage, and even enlisted private investigators to identify the driver. They pursued legal action and achieved justice for the victim.


• Faulty Traffic Signals: A pedestrian is injured at an intersection where the walk signal malfunctioned. The attorney filed a lawsuit not only against the driver but also against the local government agency responsible for maintaining the signal. This ensured the victim received full compensation and highlighted a public safety issue.

These scenarios illustrate that pedestrian accident cases can be complex and often involve more than just the driver. Having an experienced attorney to uncover all angles and pursue every possible avenue of compensation is invaluable.

What to Look for in a Pedestrian Accident Attorney

Finding the right attorney is essential if you decide to seek legal help. Here are a few qualities to look for:

1. Experience in Personal Injury Cases: Make sure the attorney has successfully handled pedestrian accident cases, as this area of law has unique challenges.


2. Clear Communication: You deserve an attorney who takes the time to explain your rights and keeps you informed throughout the process.


3. Compassion: Look for someone who genuinely cares about your well-being, not just the outcome of your case. Feeling heard and respected during such a difficult time makes all the difference.


4. Proven Results: Past successes and a track record of winning fair compensation can provide insight into the attorney’s abilities.


5. Availability: A good attorney will be responsive to your calls and questions and won’t leave you in the dark about your case’s progress.

Choosing the right pedestrian accident attorney can have a significant impact on the outcome of your case and your overall recovery process. By prioritizing experience, compassion, and clear communication, you can find someone who will truly advocate for your needs and help you achieve the justice you deserve. Remember, you’re not alone, and the right attorney will walk this challenging road with you every step of the way.

Practical Advice for Pedestrian Accident Victims

Even before consulting with an attorney, there are steps you should take to protect your rights after an accident:

• Seek Medical Attention Immediately: Your health comes first. Even if your injuries seem minor, get checked out. Some conditions, like concussions, may not appear right away.


• Document Everything: If you were able, take photos of the accident scene, your injuries, and any damage. If there were witnesses, get their contact information.


• File a Police Report: A police report can provide an important record of the event. Be sure to request a copy for your records.


• Avoid Giving Statements to Insurance Companies: Before speaking with the driver’s insurance company, consult an attorney. Anything you say could potentially be used to minimize your claim.

Taking these practical steps after a pedestrian accident can make a significant difference in protecting your rights and building a strong case. While it may feel overwhelming, documenting details, seeking medical attention, and being cautious with insurance companies will set you on the right path. Remember, you have the power to take control of your recovery and seek the justice you deserve.

Contact a Trusted Pedestrian Accident Lawyer for a Free Consultation

The decision to hire a personal injury attorney after a pedestrian accident is deeply personal and depends on many factors. But keep in mind that having someone in your corner to advocate for your rights can mean the difference between financial struggle and stability.

If you’re unsure where to start, contact a trusted law firm to explore your options. Speaking to an attorney doesn’t mean you’re obligated to hire one. It’s simply an opportunity to ask questions, understand your rights, and get advice from someone who knows the legal system inside and out.

At Goodman Acker P.C., we’re here to help. With decades of experience, we’ve guided countless Michigan residents through the legal challenges of pedestrian accident cases. Our Southfield-based team is compassionate, dedicated, and determined to secure the maximum compensation for our clients. Contact us anytime at (248) 831-1507 or through our online form for a free consultation. You don’t have to face this alone—we’re here for you, 24/7.