Pedestrians are among the most vulnerable road users, and accidents involving pedestrians often result in serious injuries or fatalities. If you’ve been hit by a vehicle while walking in Arkansas, it’s crucial to understand your rights and the legal protections available to you.
Legal Protections for Pedestrians in Arkansas
Arkansas law provides several legal protections for pedestrians. Drivers have a duty to exercise reasonable care to avoid hitting pedestrians. This includes yielding the right of way to pedestrians in crosswalks, at intersections, and when making turns. Drivers must also exercise caution when passing stopped vehicles that may be yielding to pedestrians. Additionally, Arkansas law prohibits drivers from blocking crosswalks, driving on sidewalks, and engaging in other behaviors that endanger pedestrians.
Steps to Take If You’re Hit by a Vehicle While Walking
If you are hit by a vehicle while walking, it’s important to take the following steps:
- Seek medical attention: Even if you don’t feel injured immediately, seek medical attention as soon as possible. Some injuries may not be apparent right away, and prompt medical care can help to prevent complications.
- Contact the police: Report the accident to the police and obtain a copy of the police report. This report will contain important information about the accident, such as the driver’s information, witness statements, and the officer’s observations.
- Gather evidence: If possible, gather evidence at the scene of the accident. This may include taking photographs of the accident scene, your injuries, and any damage to the vehicle. If there are any witnesses, try to get their contact information.
- Contact an attorney: We can help you understand your legal rights and options and guide you through the claims process.
How to Prove Fault in Pedestrian Accidents
Proving fault in a pedestrian accident requires establishing that the driver was negligent. This can be done by demonstrating that the driver violated a traffic law, failed to exercise reasonable care, or engaged in other negligent behavior that contributed to the accident. Evidence that can be used to prove fault includes witness statements, police reports, accident reconstruction experts, and surveillance footage.
Common Injuries in Pedestrian Accidents
Pedestrian accidents often result in serious injuries, including:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Broken bones
- Internal injuries
- Lacerations and abrasions
These injuries can lead to significant medical expenses, lost wages, and pain and suffering.
The Role of Traffic Laws in Pedestrian Accident Cases
Traffic laws play a crucial role in pedestrian accident cases. Violations of traffic laws, such as speeding, failing to yield to pedestrians, and distracted driving, can be used as evidence of negligence. Arkansas law places a high degree of responsibility on drivers to ensure the safety of pedestrians.
How an Attorney Can Help Pedestrian Accident Victims
We can help pedestrian accident victims in several ways, including:
- Investigating the accident: An attorney can thoroughly investigate the accident to gather evidence and determine liability.
- Negotiating with insurance companies: We can handle all communication and negotiations with insurance companies to ensure you receive a fair settlement.
- Filing a lawsuit: If necessary, we can file a lawsuit on your behalf and represent you in court.
- Calculating damages: An attorney can help you calculate the full extent of your damages, including medical expenses, lost wages, and pain and suffering.
Common Defenses Used in Pedestrian Accident Claims
Drivers and their insurance companies may try to avoid liability by claiming that the pedestrian was somehow at fault. They may argue that the pedestrian was contributorily negligent, meaning they contributed to the accident through their own negligence. For example, they might claim that the pedestrian was jaywalking or crossing the street illegally. They may also argue that the driver was faced with a sudden emergency, such as a vehicle swerving into their lane, which caused the accident. However, these defenses are often difficult to prove, and an experienced attorney can effectively counter them.
The Importance of Medical Documentation for Pedestrians
Thorough medical documentation is essential for pedestrian accident victims. This documentation should include all medical records, bills, and reports related to the injuries sustained in the accident. This information is crucial for establishing the extent of your injuries and calculating damages.
Contact Marcus Vaden Law
If you or a loved one has been injured in a pedestrian accident in Arkansas, contact us today for a FREE claim review. We can help you understand your rights, navigate the legal process, and fight for the compensation you deserve.