Pedestrian Accident Injury Attorneys in Topeka
Pedestrians have the least protection of anyone using the roads and their safety should be a priority for road users in Topeka. Yet pedestrian accidents still dominate the news headlines far too frequently across Kansas
If a pedestrian is involved in a motor vehicle accident, it’s no secret who comes off worse in the collision — and the likelihood of serious injury is high.
Whether the driver is distracted, affected by alcohol or illegal substances, or otherwise acts negligently, injured pedestrians can hold them accountable for their actions.
The personal injury lawyers at ITR Law can help you claim the maximum allowable compensation from the at-fault party. This allows you, as the injured party, to focus on recovering from your injuries while we handle the legal hurdles and communicate with the insurance company involved.
What are the main causes of pedestrian accidents in Topeka?
Most pedestrian accidents in Topeka are avoidable. All road users have a duty of care to other road users and if there is a failure to observe this duty, the outcome is often serious injuries.
Indeed, pedestrian accidents are one of the leading motor vehicle-related causes of wrongful death claims in Topeka.
The lack of protection for pedestrians against the impact of a vehicle — whether a car, truck, motorcycle, bus or bicycle — makes them particularly vulnerable on the roads,
Typically, pedestrian accidents are caused by one of the following:
- Drunk driving
- Driving under the influence of drugs
- Distracted driving e.g., using a cell phone while driving
- Violation of other traffic laws
- Failing to yield
- Lack of road signs
Pedestrian injury liability in Kansas
Pedestrians have the right of way in crosswalks but this is not a general rule that applies everywhere on the roads in Kansas. Pedestrians must follow the road rules too. For instance, at intersections, they must generally wait for the walking sign to flash before crossing the street.
Therefore, it’s possible if a pedestrian crosses the street illegally (against the traffic signal or outside a crosswalk) or “jaywalks” that he/she will be held partially liable for an accident that leads to injuries.
Usually, however, it is negligent or distracted driving that causes accidents involving pedestrians. There is a general duty of care that applies to drivers when it comes to pedestrians because of their vulnerability on the roads.
How to prove fault in a pedestrian accident
The cause of the pedestrian accident will help determine liability for the injuries — but proving it is another matter.
Sometimes, a pedestrian that sues a driver for his/her injuries after an accident is met with a denial of liability by the insurance company of the driver. Worse still, the driver’s attorney may blame the accident on the pedestrian jaywalking, impeding the flow of traffic, violating traffic signs or other behavior.
Even in relatively clear-cut cases, it can be extremely challenging to claim the full compensation you are entitled to for pedestrian accident injuries. Insurance companies generally play “hardball” with claims, especially if they sense that an accident victim needs a quick settlement to pay for medical care or other bills,
The easier it is to prove liability for your injuries, the stronger your legal position with a claim. That’s why the best strategy is invariably to hire a seasoned personal injury lawyer to progress your claim.
The lawyers at ITR Law in Topeka are experienced in proving fault and holding the insurance companies of negligent drivers to account for pedestrian injuries.
What compensation is available for pedestrian injuries in Kansas?
A pedestrian injured in a motor vehicle accident that was the fault of another party may file an insurance claim in several different ways, depending on the types of policies held.
This can complicate matters when it comes to receiving compensation. Any of the following policies may need to be claimed against:
- Personal Injury Protection (PIP): either the pedestrian’s PIP coverage or that of the driver (if the pedestrian doesn’t have any coverage) may cover medical expenses and other losses that result from the accident.
- Uninsured Motorist/Underinsured Motorist (UM/UIM): this may cover medical expenses and other losses if the driver had no insurance or insufficient insurance to cover the losses incurred.
- Liability coverage: the injured pedestrian can claim a negligent driver’s liability coverage for certain types of injuries that meet certain thresholds.
The no-fault insurance system in Kansas means that after a motor vehicle accident, an injured person’s own insurance pays for the initial medical expenses and lost wages regardless of who was at fault for the accident.
However, a pedestrian accident victim should usually discuss the circumstances of the accident with an experienced personal injury lawyer. Once the facts of your case are known and the various insurance policies assessed, our lawyers can advise you on the best way to maximize compensation for your injuries.
What is comparative negligence?
The comparative negligence laws in Kansas, which apply to personal injury claims, mean that even if the victim’s negligence contributed to the accident, he/she may still be able to claim compensation for injuries from another at-fault party.
Providing the victim is less than 50 percent at fault for the accident, a claim can be made. However, the amount of compensation received will be reduced in proportion to the claimant’s negligence.
With so many potential complexities in pedestrian accident injury claims, seeking legal advice on your position is advisable. This is best done as soon as possible after receiving a medical checkup and attending to your injuries.
The insurance company of the liable party is unlikely to make things easy and by contacting a lawyer promptly, you can ensure that you do not jeopardize your case.
If you have been injured as a pedestrian in Topeka, speak to a personal injury lawyer at ITR Law as soon as possible. We will evaluate your case during a free consultation and advise you of your legal options.
Top Quality Legal Advice
Pedro Irigonegaray is one of the most experienced, knowledgeable, professional and compassionate attorneys I have ever known. When you need legal advice or someone to fight for you, get the best. Talk to Mr. Irgonegaray.
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I have known Pedro for many years. A true gentleman, capable and ethical attorney. Glad to see the firm expand with more talented and ethical attorneys. A real asset to the Topeka legal community.
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We only get paid if we win your case
With personal injury cases, we work entirely on a contingency basis. That means we only get paid if we win your case.
We will deduct a pre-agreed percentage from the compensation that you are awarded. This is always made clear and agreed upon before we take on your case.
Our goal is to make our services accessible and affordable for anyone involved in an accident, regardless of their financial situation.
Book a free consultation with one of our attorneys to discuss your case.