Pedestrian accidents can lead to severe injuries and significant emotional distress. Understanding how pedestrian accident claims work is essential for victims seeking compensation. Here’s a comprehensive overview of the process involved in filing such claims.
Understanding Liability
The first step in a pedestrian accident claim is determining liability. In most cases, drivers are held responsible for accidents involving pedestrians due to their obligation to exercise caution.
Factors influencing liability include:
Negligence: If a driver was distracted, speeding, or under the influence of drugs or alcohol, they might be deemed negligent.
Crosswalk Laws: Pedestrians have the right of way in designated crosswalks. If a driver fails to yield, they may be liable for the accident.
Road Conditions: Poorly maintained roads or inadequate signage can contribute to accidents, potentially leading to claims against municipal entities.
Filing the Claim
Once liability is established, the next step is to file a claim. This process typically involves:
Gathering Evidence: Collecting evidence is crucial in building a strong case. This can include police reports, witness statements, photographs of the accident scene, and medical records.
Consulting with an Attorney: Engaging a personal injury attorney can significantly benefit your case. They can help you understand your rights, negotiate with insurance companies, and guide you through the legal process.
Submitting a Demand Letter: After assessing your damages, your attorney will draft a demand letter outlining your injuries, medical expenses, lost wages, and any other damages incurred. This letter is sent to the at-fault party’s insurance company, initiating negotiations.
Negotiation and Settlement
Once the insurance company receives your demand letter, they may respond with a settlement offer. Negotiation is often necessary, as initial offers tend to be lower than what victims deserve. During this phase:
Counteroffers: Your attorney will review the offer and may present a counteroffer based on the true extent of your damages.
Documentation: Providing comprehensive documentation of your injuries and expenses can bolster your claim and support your negotiation position.
Going to Trial
If a fair settlement cannot be reached, you may need to file a lawsuit. This involves:
Filing the Complaint: Your attorney will file a formal complaint with the court, detailing your case and the compensation you seek.
Discovery Process: Both parties will exchange information and evidence to prepare for trial.
Trial: If the case proceeds to trial, both sides will present their arguments, and a judge or jury will decide the outcome.
Watch the video above to learn more and contact a pedestrian accident lawyer in Denver today!.
