Vehicle–pedestrian collisions can be particularly catastrophic or fatal. This is because at the point of impact, pedestrians are usually without any form of physical protection to shield them from the force of the vehicle that hits them. Depending on how fast the automobile was traveling when it hit, victims who survive often have to deal with prolonged hospital stays and recovery time.
This translates into large medical bills, no income, and other issues that could potentially lead to financial ruin. However, with the help of an experienced Toledo pedestrian accident lawyer, you could recover compensation to cover your bills and provide for your future needs. Our injury attorneys at Zoll & Kranz, LLC, are waiting to help you with your claim.
Establishing Liability and Building a Strong Case
Collision cases involving pedestrians can be complex due to the possibility of there being more than one party responsible for the crash and the resulting injuries. While the vehicle driver may be the obvious culprit, other factors may have influenced their actions. Some of these factors are:
- Faulty vehicle parts, such as failed brakes
- Poor vehicle maintenance
- Bad or poorly maintained road infrastructure
- Adverse weather conditions, such as black ice, which causes vehicle tires to lose traction under braking
- Fatigued driving necessitated by company-mandated instructions
- Lacking or faulty pedestrian crosswalk signage, lighting, or signals
Several factors could have contributed to the accident. A Toledo attorney who has experience with pedestrian injury cases could help you identify all of the issues that led to the crash, determine all of the responsible parties, and build a strong case that holds the right people accountable.
Deadline for Filing an Injury Claim
You must file your personal injury claim within two years of your accident. This timeframe allows you adequate recovery time so that you or your loved ones can instigate legal action against those responsible for your injuries.
Waiting too long to file a claim means that, even if you have every right to seek financial damages, the court and insurance provider will deny your claim because the deadline has passed. Our Toledo attorneys could help you navigate the relevant deadlines related to your pedestrian traffic accident.
Dealing With the Responsible Party’s Insurance Provider
Insurance companies tend to quickly reach out to victims of pedestrian accidents with an offer. While the money they propose might seem sizable, the reality is that it is often a lowball offer that the insurer presents in a way that appears magnanimous.
If you are offered a financial payment for injuries you sustained when a vehicle hit you while you were walking in Toledo, speak with an experienced lawyer before making any decision. It is best that all communications go through your attorney so you do not have any direct contact with the insurance provider. We could bring our experience in negotiating claims to help you recover and protect your best interests.
Which Losses Are Recoverable in a Pedestrian Accident Claim?
With the right legal representation, pedestrians who are hurt in a crash in Toledo could receive financial relief to cover their medical expenses, lost income, rehabilitation bills, reduced earning capacity, property damage, and other associated costs.
You may also qualify for settlements covering intangible damages, such as pain and suffering, disfigurement or scarring, emotional distress, PTSD, loss of consortium or companionship, and loss of enjoyment of life.
If the courts determine that the defendant’s negligent actions were malicious or egregious, such as the driver intentionally hitting you because you were not walking fast enough, you may also be awarded punitive damages to serve as a deterrent to other road users.
Speak With a Toledo Attorney About Your Pedestrian Injury Case
For help obtaining fair compensation for your injuries, contact a Toledo pedestrian accident lawyer from Zoll & Kranz, LLC. Our attorneys are committed to providing you with legal options that could help you hold the people who hurt you accountable. Contact us today to schedule a consultation.