If a vehicle hits a pedestrian, they could potentially suffer catastrophic or life-threatening injuries. When a negligent or reckless driver causes a pedestrian accident, they should be held responsible to compensate the injured pedestrian for the pedestrian's damages and losses.
For 30 years, Vermont pedestrian accident lawyer David Lynch has fought to protect the rights and interests of injured accident victims. At Lynch Legal Services, PLLC, we know that you'd rather avoid conflict and the hassle of a legal case after a pedestrian accident. You just want to focus on your health. That's why we take a down-to-earth approach to ensure you feel comfortable and confident in seeking the recovery you deserve.
Contact us today for a free case review. You'll speak with our Vermont pedestrian accident lawyer about your case and discuss your rights and options for pursuing recovery after being hurt in an accident that wasn't your fault. When you choose our firm to help you with your case, you will not be charged any fees unless and until we win your case.
A pedestrian accident can leave you with serious injuries, including some that may require immediate medical attention. But the hours and days following your accident also represent the best opportunity to protect your legal rights and your options to pursue compensation for your injuries and losses.
Tips to follow to help protect your rights after your accident include:
- Call 911 if you've been seriously injured. Contact your local police department to have an officer come to the accident scene to prepare a police accident report. Make sure you obtain a copy of the report from the police department following the accident.
- Get the names, vehicle/registration/license information, and insurance information from each driver involved in the accident.
- If any bystanders witnessed your accident, be sure to get their names and contact information as well. That way, you can reach out to them later if you need a statement from them.
- Try to take photographs or video of the accident scene, including the traffic controls, road lines, and crosswalks where the accident occurred, skid marks on the road, damage to vehicles, and the weather/lighting/traffic/road conditions at the time of the accident. Look to see if any nearby surveillance cameras may have recorded the accident and contact the owner of the camera as soon as possible to ask to preserve any footage. Also photograph any visible injuries you suffered as well.
- Even if you don't think you were seriously injured in your accident, get examined by your primary care physician or at your local emergency room or urgent care clinic. While injuries can take days to begin causing you pain or other symptoms, promptly diagnosing your injuries will allow you to get a head start on your treatment and will help establish that those injuries were caused by your accident.
- Reach out to Lynch Legal Services for a free and confidential case evaluation to talk with our northern Vermont pedestrian accident lawyer about your accident and injuries and learn more about your rights.
Even though you may have been seriously hurt in a pedestrian accident caused by a negligent or reckless driver, the idea of hiring an attorney and filing a legal claim can seem stressful and intimidating. But we believe that you shouldn't have to bear the financial consequences of injuries that weren't your fault.
Our pedestrian accident attorney in Vermont can help you seek compensation for your injuries and losses by:
- Collecting evidence about the accident, such as the police accident report, accident scene photos, surveillance footage, vehicle damage reports, or eyewitness statements
- Collaborating with accident reconstruction experts to develop a persuasive argument to establish the liability of the driver that hit you
- Helping you document your medical bills, lost wages, and other damages, and consulting with medical, vocational, and financial experts when necessary to calculate your anticipated future damages to ensure you receive full compensation in your claim
- Filing your claim with the insurance companies and negotiating with adjusters and representatives on your behalf to secure fair and full compensation
- Being available to speak with you at your convenience to answer your questions and keep you updated on the progress of your claim
- Preparing your claim to be filed in court, if necessary, and advocating your case and your story in court and at trial
We recognize that recovering from a serious pedestrian accident injury represents a difficult event in anyone's life. That's why our goal is to make the process as easy as possible and to give you the confidence and understanding to pursue the compensation you need and deserve.
Being seriously injured in a pedestrian accident can leave you to face significant financial and personal damages. When you've been hit by a negligent or reckless driver, you deserve to pursue full compensation for damages such as:
- Past, ongoing, and future medical expenses
- Lost wages or income
- Lost earning capacity
- Lost quality of life
- Pain and suffering
Many drivers in Vermont purchase only the minimum amount of insurance coverage required by state law. Some drivers even choose to violate the law by driving their vehicles without any insurance coverage. If you get into a pedestrian accident with a driver who has only minimal insurance coverage or no coverage at all, that driver likely will not have sufficient financial resources to fully compensate you for your losses.
However, if you have an auto insurance policy, you may be entitled to turn to your own insurer for coverage of your losses. If you have purchased personal injury protection (PIP) coverage under your policy, you may be entitled to obtain coverage for your medical expenses and lost wages. PIP coverage pays for medical and other out-of-pocket expenses suffered in a car-related accident, regardless of who may have been at fault for the accident.
In addition, if the other driver lacks insurance coverage or his or her coverage isn't enough to pay for all your damages, you may be entitled to make a claim under the uninsured/underinsured motorist (UM/UIM) coverage on your car insurance policy. This coverage can be accessed when you have unpaid damages after an at-fault driver's insurance coverage limits have been exhausted or if the at-fault driver does not have insurance. You can also make a claim for UM coverage if you have been the victim of a hit-and-run accident and cannot identify the at-fault driver.
Your auto policy's UM/UIM coverage may extend to your children and other household members who are injured in pedestrian accident. It's crucial to work with a Vermont personal injury attorney who will seek out every potential source of compensation.
In Vermont, you typically have three years from the date of a pedestrian accident to file a pedestrian accident lawsuit against the driver who hit you. Minor children have three years from their 18th birthday.
The start of this three-year period might be paused, or "tolled," under very limited circumstances - for example, if you are involved in a hit-and-run pedestrian accident and don't initially know the identity of the at-fault driver.
If you don't file your lawsuit before the limitations period on your claim expires, the at-fault party can move to have your case permanently dismissed from court and you can lose your right to pursue compensation.
Without the protection of a vehicle, even a low-speed pedestrian accident can result in serious, life-altering injuries. Examples of injuries commonly suffered in pedestrian accidents include:
- Road rash
- Lacerations (cuts) and contusions (bruises)
- Broken bones
- Dislocated joints
- Soft-tissue injuries such as sprains and tears of tendons, ligaments, or muscles
- Internal organ damage or internal bleeding
- Neck and back injuries, including herniated or ruptured discs
- Spinal cord injuries, potentially leading to paralysis
- Head injuries
- Traumatic brain injury
- Traumatic amputation
Numerous causes of motorist negligence can lead to a pedestrian accident. Some of the more common factors include:
- Failure to yield right of way to pedestrians in crosswalks
- Distracted driving, such as texting-while-driving
- Drowsy or fatigued driving
- Driving under the influence of drugs and/or alcohol
- Running red lights or stop signs
- Unsafe turns, such as failing to yield to pedestrians in the crosswalk or intersection while turning
- Failure to observe surroundings when backing up or operating in a confined space such as a parking lot or parking garage
After you have been injured in a pedestrian accident in Vermont, get your free and confidential consultation with an experienced Williston, Vermont pedestrian accident lawyer from Lynch Legal Services, PLLC today. We want to discuss your case with you and show you how our firm can help you protect your rights and pursue recovery you deserve.