Delaware Pedestrian Accident Lawyers

Helping Injured Pedestrians Seek Justice and Fair Compensation in Delaware

Pedestrian accidents are always terrifying, but they are not uncommon—particularly in Delaware. Delaware is the deadliest state in the U.S. for pedestrians, according to the State Department of Transportation. When a car strikes a pedestrian while travelling at a speed of over 30 miles per hour, injuries are likely to be more severe and pedestrian fatalities are more common. However, even when a car is travelling 10 miles per hour in a parking lot, a pedestrian accident can be extremely serious.

Common Injuries Resulting From a Pedestrian Accident

Pedestrian accidents can lead to a wide range of injuries, often severe due to the lack of protection pedestrians have compared to vehicle occupants. In Delaware, where pedestrian accidents are particularly frequent, understanding these common injuries is crucial for both prevention and treatment. The most typical injuries include:

Broken Bones: Fractures of the legs, arms, hips, and pelvis are common due to the high impact forces involved in an accident.
Traumatic Brain Injuries (TBI): Even a minor collision can result in a concussion or more severe brain injury if the pedestrian’s head impacts the ground or the car.
Spinal Cord Injuries: Vertebral fractures and spinal cord damage can lead to long-term mobility issues or even paralysis.
Soft Tissue Injuries: These include bruises, cuts, and lacerations that, while not always life-threatening, can still require significant medical care and time to heal.
Internal Injuries: Organs can be damaged due to blunt force, leading to internal bleeding, which is often life-threatening without immediate medical intervention.
Psychological Trauma: Beyond physical injuries, pedestrians often experience emotional distress and anxiety following an accident, which can require long-term psychological support.

Understanding these serious injuries underscores the importance of seeking prompt medical attention and legal support to ensure comprehensive care and justice.

Who is at Fault in a Pedestrian Accident?

Fault in any car accident is generally determined by the law of negligence. Under this theory, a person who fails to exercise a reasonable standard of care under the circumstances may be considered negligent and held liable in court. Delaware uses a modified comparative negligence system. This means that both the driver and the pedestrian can be negligent. For example, a pedestrian may be jaywalking, and a speeding driver strikes them because they could not stop in time. If a pedestrian was found to be more than 50 percent at fault, he or she is barred from recovering any damages. However, if the pedestrian was less than 50 percent at fault, recovery of damages is possible, but the award may be diminished depending on what percentage of fault is attributed to the driver.

Causes of Delaware Pedestrian Accidents

Delaware is routinely ranked as the worst in the nation for pedestrian deaths on a per-capita basis. In Delaware, what once were rural areas are becoming increasingly urbanized. The increase in high-speed traffic that comes with this urbanization is a significant factor in the frequency and severity of pedestrian accidents.

Researchers have discovered a national trend between poverty and pedestrian deaths. This is likely because low-income individuals are less likely to drive. Also, many pedestrians killed by cars and trucks tend to live in lower-income housing located near highways, with few safe means to cross to get to a bus stop, go to work, or go shopping.

Further, police officers Delaware find it difficult to enforce jaywalking—even across highways. Although the Delaware Office of Highway Safety provides for patrolling of dangerous stretches of roads; and regularly distributes reflective bags and flashlights to pedestrians, regular on-duty police rarely have time to stop pedestrians that are crossing highways outside of crosswalks. This is especially true when they are on their way to handle an emergency situation.

What to Do After a Pedestrian Accident

If you have been struck by a moving vehicle, try to remain calm. Move to a safe place off the road if possible and call 911. Exchange contact information with witnesses and the driver, but do not admit fault—even if you are unsure of who was to blame. It is also critical to seek medical attention right away, even if your injuries do not seem immediately severe. Consult an experienced pedestrian accident lawyer as soon as possible so they can begin building your case.

Pursuing Compensation for Injured Pedestrians in Delaware

In the aftermath of a pedestrian accident, victims may be entitled to financial compensation through a personal injury lawsuit. This compensation is designed to cover various economic and non-economic damages incurred as a result of the crash. The types of financial compensation an injured pedestrian could claim include:

Medical Expenses: Covers all past, present, and future medical bills related to the injury, including hospital stays, surgeries, medications, and rehabilitation services.
Lost Wages: Compensation for the income lost due to the inability to work during recovery, as well as any future loss of earning capacity if the injury leads to long-term or permanent disability.
Pain and Suffering: Monetary compensation for the physical pain and emotional distress experienced due to the accident.
Property Damage: Reimbursement for any personal property damaged during the accident, such as a mobile phone or bicycle.
Out-of-Pocket Expenses: Covers miscellaneous costs directly related to the injury, such as transportation to medical appointments or modifications to a home required due to the injury.
Loss of Enjoyment of Life: Compensation for diminished quality of life, including the inability to participate in hobbies and activities that were previously enjoyed.

These compensations aim to restore the injured pedestrian’s financial stability and help them cope with the emotional and physical impact of the accident.

Why Hire an Attorney For Your Pedestrian Accident Case

Hiring a pedestrian accident attorney is crucial for navigating the complex legal landscape following such an incident. An experienced attorney possesses in-depth knowledge of local traffic laws and can accurately assess the damages you are entitled to claim. They will handle all the paperwork, negotiations, and interactions with insurance companies to ensure you receive fair compensation. A knowledgeable lawyer can gather and present evidence effectively, increasing the chances of a successful outcome. They advocate on your behalf, providing much-needed support during a stressful time, allowing you to focus on recovery. Retaining a pedestrian accident attorney significantly enhances your ability to secure the justice and financial restitution you deserve.