Pedestrian Accident Attorney in Wichita, KS
In Wichita, pedestrian accidents have been on the rise. Data from the National Traffic Safety Board suggests that there were approximately 1,1818 pedestrian accidents between 2008 and 2018. And this number is projected to rise. That said, while a pedestrian crash can be catastrophic, victims of these accidents have a right to initiate a claim for compensation. It is important to hold the at-fault party accountable for the accident if they drive recklessly or negligently.
What Are the Common Causes of Pedestrian Accidents in Wichita, Kansas?
There are multiple causes of pedestrian accidents that lead to injuries. However, some of the common causes of these injuries on pedestrians include:
- Accidents caused by speeding
- Accidents caused by drunk drivers
- Distracted driving
- Hit-and-run car/truck accidents
- Crosswalks and intersections
- Bus accidents
When a pedestrian accident happens, it can have serious implications on the life of the victim. Normally, the injuries sustained through such an accident are severe and require prompt medical attention. If you sustained an injury from a pedestrian accident, you need to hold the at-fault party liable.
Who Is Liable in a Pedestrian Crash in Wichita, Kansas?
To succeed in a claim for compensation, you need to establish the liable party. Although a pedestrian accident involves a driver and a pedestrian, determining liability isn’t straightforward. However, the driver owes an extra duty of care to drive carefully and not cause injury to other pedestrians or road users. Therefore, in most cases, the driver is often at-fault for the accident.
That said, to establish that the driver was liable for the accident, you need to demonstrate that they were negligent. Typically, this involves proving the existence of the following basic elements of negligence:
- The driver owed you a duty of care
- The driver breached this duty
- You suffered damages
- The injury sustained was due to the defendant’s breach (causation)
If the driver acted negligently, your personal injury attorney would need to establish the four core elements of negligence in order to succeed. Essentially, a Wichita pedestrian accident lawyer at our firm will investigate the accident, reconstruct the scene of the accident and help you demonstrate that the at-fault party was negligent and thus should be held liable.
What if You Were Partially at Fault in a Pedestrian Accident in Wichita?
It is not uncommon for pedestrians to have contributed to the accident. This typically occurs when a pedestrian is crossing against the traffic signal or walking where pedestrian access is not allowed.
However, the fact that you may have contributed to the accident doesn’t preclude you from seeking compensation for your losses. In fact, Kansas applies a comparative fault system to the effect that your compensation is reduced by the percentage of fault assigned to you for the accident. In simpler terms, you can’t collect monetary damages if you are 50% or more at fault for the pedestrian accident. A competent and qualified Wichita lawyer can help you recover sufficient compensation even if you are partially at fault for the injury.
How Do Insurance Company Adjusters Handle Pedestrian Accidents in Wichita?
If you are involved in a pedestrian accident in Wichita, Kansas, you’ll inevitably deal with insurance company adjusters. Undeniably the role of the adjusters is to try and reduce the amount of compensation you are eligible to receive. To achieve this, they might ask questions that implicate you or even force you to admit fault. Moreover, they might table a settlement offer and convince you to settle quickly.
This means that you may receive a settlement amount that is lower than what you might be entitled to. For this reason, it is imperative to have a Witchita pedestrian accident attorney who will level the playing field and safeguard your rights and interests throughout the claim process.
Types of Damages You Can Recover in a Pedestrian Accident Claim in Wichita
In the event that your claim is successful, you may be entitled to compensation in the form of damages. Stated simply, you may be entitled to receive compensation for the following:
- Past and future medical expenses
- Past and future lost wages
- Pain and suffering
- Loss of time
- Loss of enjoyment of life
- Mental anguish
While some of these damages may be simple to calculate, others may require the help of a pedestrian accident lawyer to make proper estimates.
Should You Hire a Personal Injury Attorney in Wichita, Kansas?
If you are involved in a pedestrian accident in Wichita, it is imperative to have a Wichita pedestrian accident attorney by your side. You need legal representation throughout the claim process to help you avoid encountering legal hurdles. Insurance companies in Wichita have been known to take advantage of claimants by offering a low settlement.
For this reason, you should have a competent and qualified pedestrian accident attorney by your side. Essentially, an attorney will work hard to ensure that your claim is successful and that you obtain sufficient compensation for your injuries.
