Have you been injured in an accident when you were just walking along, minding your business, and someone hit you with their vehicle? Or, alternatively, were you driving, following the rules when a pedestrian took an action that caused you to be in an accident? Here at the Benjamin Law Firm, we’ve helped plenty of people in both scenarios to get the compensation that they deserve. With a proven track record of success, we aggressively try every case so that our clients get everything that’s theirs (for everything that they’ve been through).
Pedestrian in an Accident Cases
A car crash is always damaging and traumatic. It can be even more so when you aren’t in a car. You’ve heard the phrase “the pedestrian always has the right of way.” That isn’t always 100% true, but, a vehicle’s driver always wants to do as much as possible to make sure that they can avoid a pedestrian. After all, they can move a lot faster (and are a lot bigger) than the pedestrian is.
Since we began trying these kinds of cases, we’ve seen so many incidents where a driver was at fault in a vehicular accident involving a pedestrian. Perhaps the most common, of course, is when the driver speeds. While a person is almost invariably going to be harmed when they’re hit by a vehicle, it can be even worse when the vehicle is going too fast.
The most common causes of vehicular accidents are recklessness and negligence. Those can manifest themselves in many ways. Too often, it’s because the driver failed to follow some basic rule of road safety. “Stop” and “Yield” signs are there for a reason. Drivers are to click their turn signals when they’re going to turn. Moreover, they’re not supposed to be preoccupied with anything other than watching the road. Failing to do any of those can cause a pedestrian (or anyone else) to be hurt in an accident.
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Unfortunately, there are still far, far too many accidents because the driver was under the influence. Whether it’s alcohol or some other kind of substance, this accounts for more accidents than most people realize. Any kind of accident can be tragic, these can be that much worse.
No matter what the cause is for your accident, we’ll pursue it as aggressively as possible. You didn’t ask to be in an accident, nor did you do anything to make it occur. It’s not your fault, so you deserve to be compensated for it. When someone hits you with their vehicle, we do everything in our power to ensure that you receive all of your due compensation.
Cases Where the Pedestrian is At Fault
Contrary to popular belief, not every accident that involves a vehicle and a pedestrian is the fault of the driver. Yes, a majority are. In fact, a strong majority are. But, there are certain circumstances where the pedestrian is at fault for an accident. “The pedestrian always has the right of way” isn’t always necessarily 100% true.
For example, just like drivers, pedestrians shouldn’t ignore road signs either. “Don’t Walk” is a clear message. It does not mean “Consider Walking” or “Walk Very Quickly to Make It To the Other Side; Even Run.” It means “Don’t Walk.” Someone who goes out into the road during that time could be at fault. The same goes for those who ignore crosswalks or even just run out into traffic.
This can be particularly frustrating for some drivers because you could be behind the wheel of your vehicle, hit a pedestrian through no fault of your own, and feel very much responsible. This is one more area where our investigators can do so much.
See, here at the Benjamin Law Firm, we have a top-flight group of investigators on our roster. They can do a complete and thorough investigation of your case and then come to us with the truth. Then, we can use that to make sure that you get the representation that you deserve.
For example, say that you’re involved in an accident where a pedestrian runs out into the road, you have no way of avoiding them and hit them with your car. The other side will almost invariably argue that you were at fault. You were driving and you happened to hit this poor, defenseless pedestrian.
However, an investigation from our professionals can turn up the truth. It can show that the pedestrian was actually at fault in this circumstance, not you. As the other side is probably going to have their own investigators on their side, it’s critical that you have them on yours, too. That’s just one way that we can give you the best representation possible.
Pedestrian Accidents That Don’t Involve Vehicles
This may sound like an impossibility, but it’s something that happens more often than you think. A pedestrian, a regular person, just walking around, is injured on a property. It’s not because they were struck by a Honda Civic or any kind of vehicle, rather, it’s because they were somehow injured on the property.
Maybe they fell down the stairs or a railing gave out on them. Perhaps they slipped in a parking garage or in a store, that kind of thing. If you’re like so many people, if this were to happen to you, you might think “well, this is really unfortunate, but there’s nothing I can do about it.” That’s wrong. In many of these cases, you can actually receive compensation and damages from the owner of the property.
The owner (or whoever possesses a property) has a responsibility to maintain it properly. If they don’t, and a pedestrian is injured on it, this is the fault of the owner. The same is true if there are hazards on the property that the owner is aware of and they never put up signs or let people know about it. Should you have been injured in such a way, then you would be owed compensation.
“Premises Liability” can be found in many different ways. Perhaps the most common is that the person owning the property created the condition. They made a staircase without a railing and you fell over the other side. Another way to prove premises liability is that the owner of the property was aware of the condition, but didn’t do anything to fix it.
An example of that would be if they knew the railing on the stairs was old and decrepit, yet, they didn’t fix them. So, if you were to lean on the railing, have it break, and get injured in that fashion, then they would be at fault here as well.
Another form of premises liability is that whatever was wrong with the property has been that way for so long there’s really no reasonable way to believe the owner was unaware of it. If there’s a hole in the floor of a store for example, and it’s been there for many years, it’s very unlikely the store owner could then say: “geez, I’m sorry you got hurt, but I had no idea it was there.”
Those are just a few of the ways that premises liability can be proven. No matter how you’re injured in an accident, we can help you to get the compensation that you deserve. If you’re just going through life, minding your own business, and you’re injured in a non-vehicle pedestrian accident, we’ve got your back then, too.
Benjamin Law Firm: Experience, Resources, and More
With all of the above cases, odds are that you’ll be up against powerful forces. Insurance companies, big-time corporations, and the like - when they’re against you, you need as much help as you can get. To go with a law firm that doesn’t have experience with these kinds of cases, to take the help of someone who doesn’t have the kinds of resources to stand toe to toe against them - that can make it more difficult (if not impossible) to get the compensation that you deserve.
From the moment you reach out to us at the Benjamin Law Firm, we can help. For example, we always recommend that, after any accident, you get medical help as quickly as possible. Even if you don’t think you were injured, it’s the right thing to do. Should you be reticent to do so due to a lack of insurance or funding, we may be able to help there, too. We know medical professionals who offer their services on contingency, too, just like we do. So, you can get the help you need without spending a dime of your own money.
No matter what kind of accident you’re in, reaching out to an attorney is probably the last thing you want to do after it. That’s why, here at the Benjamin Law Firm, we do everything in our power to make the process easier and simpler on folks going through a rough time. To schedule a free consultation, just call us at 818-423-4878.