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What are the rights of pedestrians involved in car accidents?

On Behalf of | Jan 30, 2025 | Car Accidents

Pedestrians are at a higher risk of severe injury in car accidents due to their lack of protection compared to drivers and passengers. When a pedestrian is injured in an accident in Delaware, it is important for them to understand their legal rights and options for seeking compensation.

Rights to compensation for injuries

Pedestrians injured in a car accident can pursue compensation for injuries. This includes medical bills, lost wages, pain and suffering, and other damages. If the driver is at fault, the pedestrian may file a personal injury claim against the driver’s insurance. In cases where the driver is uninsured or underinsured, the pedestrian’s own insurance policy may cover the injuries.

Legal responsibility of drivers

Drivers have a legal duty to yield to pedestrians at crosswalks and to exercise caution when driving near areas with heavy foot traffic. If the driver is negligent, such as speeding or failing to stop at a red light, they may be held liable for the pedestrian’s injuries. Pedestrians also have a responsibility to follow traffic laws and be alert while crossing the street.

Filing a personal injury claim

If a pedestrian is injured in an accident, they can file a personal injury claim to seek compensation. This claim can be made against the driver and/or the driver’s insurance company. You can file a claim against government entities if the accident was due to unsafe road conditions. A personal injury lawyer can help navigate the complex legal process and ensure that the injured receive fair compensation for injuries.

Importance of gathering evidence

After an accident, it is crucial to collect as much evidence as possible. This includes photos of the scene, medical records, police reports, and witness statements. This evidence will support the pedestrian’s case and strengthen their claim for compensation.

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