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When it comes to road accidents in Alaska, pedestrians are the most affected. This is because they absorb the full force of the impact, whereas motorists have shields and other protective measures. However, it’s worth noting that not all pedestrian accidents are caused by a reckless driver though it’s the first concern for such accidents. Some may be caused by the pedestrian attempt to cross the highway by failing to use a crosswalk, walk path obstructions, or even parking lot accidents. Most of these accidents fall under the theory of negligence. This means you should employ all the best strategies possible to obtain a fair settlement.
Pedestrian accidents result in severe injuries compared to most of the accidents. Besides, a pedestrian is prone to death when struck by a car compared to when a car hits another one. Unfortunately, some of the victims don’t receive fair compensation. To get a fair settlement, the details and circumstances of the accident must be taken into account carefully. Successful pedestrian accident victims in Alaska, consider looking for experienced Anchorage attorneys to help them receive a fair settlement from either the at-fault driver insurance or their insurance.
Though pedestrian accident claims are almost similar to personal injury cases, they involve some unique factors such as additional standard of care from the driver. This brings about the question of how much the victim can expect as a settlement. When it comes to pedestrian accidents, two main aspects should be considered. They include:
1.It becomes almost impossible for one to have a definite answer as to how much settlement the victim should receive: This is because every case poses unique challenges
2.Contesting liability is not as easy as some may think: In case of a pedestrian-car accident, is doesn’t always mean that the driver is at fault. The issue of liability boils down to a matter of percentage for both the driver and the pedestrian. In such cases, sometimes, the driver may demonstrate that the pedestrian was under the influence of alcohol or drugs. Nevertheless, proving this doesn’t mean that you will be held liable for the accident. This is if only you have an aggressive lawyer who may fight back in such situations.
Below are some of the factors that may affect your pedestrian accident.
The approach from the insurance company: It’s certain that you will have to file a claim with the insurance company to get compensated. When coming up with a settlement amount, the insurance adjuster will use the multiplier effect to arrive at the determined settlement. In such a case, if you have an experienced lawyer, he/she may present arguments to bring your settlement figure up.
Lost earnings attributable to your injuries: Your settlement may increase in this manner. You may get the lost income reimbursed. Besides, any lost opportunity may be reimbursed. However, the right to get reimbursed will apply if you were a full-time or a part-time employee. To receive the reimbursement, you have to prove that the injuries made you miss work and the amount of money you could have earned were it not for the injuries.
The severity of the injuries: If you have suffered from permanent injuries, your settlement value could go up. Severe injuries tend to fetch a higher settlement. No single factor tends to affect any personal injury settlement compared to the type of injuries suffered by a victim. The type of injuries suffered always sets up the valuation bar.
The absence or presence of a clear cut liability: In most cases, the driver is the one at fault. The law requires the vehicle operator to be more cautious when it comes to dealing with pedestrians. If the driver knew you were nearby or might have been nearby, they might be liable. With this, you can maximize your settlement.
You may consider consulting a lawyer if you want to learn more about the key settlement factors involved in pedestrian accident claims.
Despite the safety precaution taken by the Alaskan government, pedestrian accidents continue to be on the rise. Although pedestrian accident litigation is different from most of the civil negligence litigations, they are more specialized. If you have been involved in a pedestrian accident, you have the right to recover damages. Most of individuals who think they know about pedestrian accident law get stuck in the process. It’s therefore wise to retain a lawyer to help get a fair settlement for you and your family. Your lawyer will advise you whether you need to file a claim with the driver’s insurance company or try an out-of-court settlement. While this is happening, your lawyer will ensure to make sure you get time for recovery.
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