A car accident involving a pedestrian can have very grave, life-changing consequences for both the motorist and the pedestrian. Fault in the majority of pedestrian accidents is believed to lie with the driver, and while it usually does happen that way. it is not always the case. Accidents that take place in intersections and crosswalks are generally more straightforward than those that happen in parking lots or on someone’s private property. In 2015, a total of 5,376 pedestrians were killed in car accidents in the United States. An additional 129,000 pedestrians suffered some kind of non-fatal injury. This means that the probability of accidentally hitting a pedestrian is not as small as one might hope. In the event that you do hit a pedestrian, you could possibly be hit with criminal, charges or civil charges depending on the circumstances of the accident. If you are involved in this type of accident, it is imperative that you contact a qualified personal injury attorney right away.
In Oklahoma, a driver involved in an accident that results in injury to a pedestrian may very well be faced with civil penalties such as a personal injury lawsuit. This type of lawsuit is when the injured party attempts to collect on losses that the accident has cost them. These losses can include hospital bills, physical therapy bills, lost wages from missing work, and pain and suffering. The pedestrian may also try to file a claim with the motorist’s insurance carrier and seek compensation that way. If you are facing civil charges after a pedestrian accident, you need to seek the counsel of an experienced personal injury attorney before you speak to anyone else.
There are also many situations that could occur where the driver would not only be at fault for the pedestrian accident but potentially face criminal charges as well. In order to be faced with criminal charges, an attorney would have to prove that the auto accident was caused by the driver acting in a careless manner. For example, being under the influence of drugs or alcohol when the accident occurred could result in one or more criminal charges being brought against the driver, depending on the severity of the collision. Other reckless behavior such as excessive speeding, or driving without their headlights on could also conceivably result in criminal charges. If you have been injured by a motorist who was acting in a wanton and reckless manner, you need to speak to a personal injury attorney as soon as possible.
Just because the injured party was not operating a motor vehicle at the time of the accident does not automatically mean that they were not at fault. If the pedestrian was determined to be jaywalking or deliberately darting out into oncoming traffic, then this would be negligence on their part. In Oklahoma pedestrians are required to obey all traffic signs, use marked crosswalks where appropriate, and yield to traffic. Pedestrians do not get a free pass when it comes to obeying the rules of the road.
The attorneys here at McGuire Law Firm we have more than 30 years of experience helping both pedestrians and drivers who have been injured in Oklahoma car accidents get the compensation that they deserve. If you or someone that you love has been injured in an automobile accident, you may be able to receive financial reimbursement for any damages that you have suffered. If you would like to receive a free consultation with one of our licensed, reputable personal injury attorneys regarding your car accident case, then please give us a call at (405) 513-5658 and speak with someone in our Oklahoma office today.