Compensation for Pedestrian Accident Victims
Each accident presents unique challenges to victims and their families. When an injury occurs, it could impact your health, your ability to make a living, future opportunities, and overall quality of life. With the help of a skilled lawyer, victims can recover compensation to help with a variety of injury-related consequences.
Medical expenses are a source of incredible financial stress for injury victims. Because pedestrians have nothing to protect them in the event of a collision, the injuries they suffer in accidents can be extremely serious. They often require expensive treatments for years to come. Our lawyer can pursue financial compensation for the medical expenses you have already incurred, as well as those you are likely to have in the future.
Many pedestrian accident victims will have to miss weeks or months of work, and some will never be able to return their jobs. When a pedestrian accident injury interferes with a person’s ability to earn a living, the settlement from their claim should make up for this lost income. If your employer provides short-term or long-term disability the team at the Recovery Law Center can also help you file for these benefits.
Damages such as pain and suffering and loss of enjoyment of life are also very real consequences of pedestrian accidents. Our team can help put a monetary value on all your non-economic damages and make sure they are covered in your settlement. However, this compensation may only be available if you pursue a claim against another party. Your own PIP insurance will not cover non-economic damages.
Pedestrian accidents are unfortunately often fatal for the pedestrian involved. If your close relative was killed in a pedestrian accident, you may be able to pursue a wrongful death claim against the responsible party. Through this claim, you may be able to recover financial compensation for their medical expenses leading up to their death, funeral and burial expenses, loss of income, loss of emotional support, and more.
Time Limits for Filing a Pedestrian Accident Claim in Hawaii
According to Hawaii Rev. Code Ann. § 657-7, pedestrian accident victims in Hawaii have up to two years to file an injury claim. This means that injury victims need to begin the process within two years of the incident.
If you have lost a loved one because of a pedestrian accident, Hawaii Rev. Code Ann. § 663-3 states that surviving family members have up to two years to file for wrongful death. This timeline begins counting down from the date of death, not the date of the accident if the two are different.
While a claim must be filed within two years, it doesn’t need to be resolved within this period. The amount of time that it takes to resolve an injury claim varies for each case, but your lawyer will be able to give you a better idea of the timeline pertaining to your particular claim.
In any event, the sooner you talk to a lawyer and begin your claim, the better. Evidence tends to disappear and witnesses’ memories fade with time.
Common Causes of Pedestrian Accidents
While both drivers and pedestrians are responsible for following the rules of the road, when drivers fail to hold up their end of the bargain, the results can be catastrophic for pedestrians. Some common causes of pedestrian accidents in Hawaii include:
- Speeding – Driving at high speeds increases the impact of a collision and worsens injuries to those involved. It also reduces a driver’s ability to stop suddenly or take other evasive actions.
- Distracted driving – When drivers aren’t paying attention, they could easily overlook the presence of a pedestrian and cause a fatal collision. This is an especially serious problem in Hawaii, with many visitors on the road who are unfamiliar with the area and may be more focused on sightseeing than safe driving.
- Failure to yield – Failing to yield the right-of-way to pedestrians could cause serious injuries to pedestrians, even if they were struck at relatively low speeds.
- Failure to signal – If a driver fails to practice proper signaling, others on or around the road are unable to properly anticipate their movements. This can cause an unsuspecting pedestrian to step into the path of a vehicle.
- Disregarding traffic signals – Ignoring a stoplight or street sign doesn’t only disrupt the flow of traffic, but it also puts those who are following the street signs and stoplights in danger.
- Ignoring conditions – During times of inclement weather, or while road work is being performed, drivers must exercise additional caution. If a driver proceeds normally in spite of inclement conditions, they could easily cause an accident.
- Drunk or drugged driving – Driving under the influence is reckless and can prove fatal to the driver and those around them, including innocent pedestrians.
This is not an all-encompassing list. If you have been injured as a pedestrian in a crash caused by any type of negligence on someone else’s part, you may be eligible for compensation.