Pedestrian deaths from accidents in the US are close to 7500 per year and the issue from a legal perspective arises as to what economic damages can be obtained if injuries are sustained from a pedestrian accident, where the numbers are obviously much higher.
In fact, the pandemic increased the rate and number of pedestrian injuries as fewer cars on the road lead to greater speeds and more pedestrian injuries, as this report shows.
And the spike in pedestrian deaths during the pandemic estimates that 37 states and the District of Columbia had increases in 2021, while only 10 had fewer pedestrian deaths than the previous year, according to statistics from the National Highway Transport Safety Association.
“This is heartbreaking and unacceptable,” Jonathan Adkins, the association’s executive director, said in a news release. “The pandemic has caused so much death and damage, it’s frustrating to see even more lives needlessly taken due to dangerous driving.”
How are ‘economic damages’ assessed? They are designed to make up for your current and future direct financial expenses and losses resulting from the pedestrian accident.
Healthcare expenses, lost wages, damage to property, lost future wages, future healthcare expenses, and other losses are a few examples of these losses. However there are complications and issues that the injured party need to consider and we contacted the pedestrian accident lawyers at Buckhead Law to learn about some of the economic damages you can recover after a pedestrian accident.
The lawyers looked at five specific areas of recovery in case of economic damage as a result of a pedestrian accident.
1. Healthcare Expenses
The resulting healthcare expenses from pedestrian accidents are the most typical economic damages. The expenses of hospitalization, medications, surgery, physical therapy and other medical care can all be considered healthcare expenses.
You might also be eligible to recover future healthcare expenses if the pedestrian accident resulted in a lasting disability or injury, ranging from herniations, disc bulges, or fractures to catastrophic injuries like amputations or paralysis.
2. Damage to Property
Damage to property is another form of economic damage you can recover following a pedestrian accident, in addition to direct healthcare expenses. These damages cover the price of fixing or replacing your car and any other personal assets that were damaged in the pedestrian accident. This may also apply to items like your eyeglasses, clothing, phone and other personal items that may have been damaged in the accident.
Lastly, expenses incurred for car rentals or alternate modes of transportation while your car is being repaired may also be reimbursed following a pedestrian accident.
3. Lost Wages
Lost wages, the third significant category of economic damages, can make up for any income you lost due to a pedestrian accident. This includes lost wages from time away from work due to your illnesses or subsequent medical care, as well as any paid time off, sick days, or other benefits you used during the pedestrian accident but would have otherwise been eligible for.
Last but not least, financial reimbursement for the loss of earning capacity, or any potential future earnings you might lose if your accident stops you from working again or earning the same amount of money throughout your life, might also be included in lost wage damages.
4. Future Healthcare Expenses
You might have to cope with pedestrian accidents for a very long time because they can result in serious injuries. You might include the potential expenses of your future health care expenses, such as any medications or surgeries you could need down the road or whether you’ll need physical or occupational therapy, or any other kind of medical or healthcare assistance as a result of the accident.
5. Lost Future Wages
You can be entitled to compensation for your projected lost future wages if your injuries prevent you from working for a very long period (or ever). This may include lost benefits, such as dental, retirement, and medical, in addition to hourly wages, commissions, and salary.
According To The Law, Who Is A Pedestrian?
Almost everyone has been a pedestrian at some point in their lives. For instance, you are a pedestrian if you move from one location to another without using a car.
Here are some more examples of pedestrians:
- Individuals who are on foot, such as those who are walking or running
- Anybody who travels using a mode of transportation that isn’t a car, like a skateboard or a scooter
- Any individual with a disability who travels with the aid of a tricycle, quadricycle, or wheelchair
Drivers of cars are required to watch out for pedestrians and exercise a level of caution that is safe for both themselves and other road users.
Even though it might be difficult to compensate for the suffering, pain, and permanently devastating impacts of a pedestrian accident, knowing what economic damages you can recover is crucial.
Ensuring you take the right steps, retain all the necessary documentation (including any photographs or other notes relating to the incident, plus healthcare attendances) are all part and parcel of ensuring recovery of all economic damages is obtained.
A good lawyer, chosen with care and particularly for their experience in handling pedestrian accidents, is one of the keys towards achieving a good outcome in terms of damages and compensation for your economic losses.