Misconceptions about pedestrian accidents often result in insurance challenges, low settlements, and hesitancy when taking legal action. At Tom Fowler Law, our goal is to dispel myths and ensure that our clients have access to information that is factual and in keeping with the law.
In this article, we will debunk some of the most common pedestrian accident myths in Iowa and discuss these types of incidents in greater detail. Our team can also share insight on common bicycle accident myths in Iowa.
The Dangers of Misconceptions
Although they may seem innocent enough, myths can have serious consequences. If a person is made to believe that they do not always have to seek immediate medical attention, for example, this could lead to a delay in treatment.
Moreover, misconceptions about insurance companies could lead to challenges in obtaining payouts and providing insurers with information that could harm their case. In addition, when a person does not understand their legal rights, it could lead to a failure to take legal action.
While this may seem minor, the financial consequences of a car crash involving a pedestrian can be devastating, requiring lengthy hospital stays and costly procedures. When serious injuries occur because of someone else's negligence, it's important that victims take the necessary action to protect themselves financially.
Common Pedestrian Myths in Iowa
Here are some of the most common myths people tend to believe about pedestrian accidents in Iowa:
Myth 1: Pedestrians Always Have the Right of Way
Many people think that they can cross the road anytime they want, and motorists are required to stop to allow them to pass. While there certainly are areas where pedestrians have the right of way, this is not always the case.
It is imperative that everyone traveling on foot checks traffic laws and uses signage to ensure their own safety. Failure to do so could result in them being held liable for the resultant damages if an accident occurs.
Myth 2: The Most Common Pedestrian Accident Injuries Are Often Minor
Another misconception is that a car accident involving a pedestrian will not likely result in serious injuries. This is simply not true.
That's because when a moving vehicle unexpectedly collides with a person, there is nothing to protect them from the force of impact. There are no airbags, safety belts, or hard metal shells. This incredible blow to the body often causes serious injuries, such as:
Spinal cord damage,
Traumatic brain injuries,
Broken bones,
Concussions,
Paralysis,
Chronic pain,
Soft tissue injuries, and more.
Understanding the serious risks associated with these accidents is important for ensuring pedestrian safety.
Myth 3: It's Not Necessary to Contact a Personal Injury Attorney When Filing a Claim
The truth is that personal injury law is incredibly complex, and when claimants try to navigate it without professional help, they could jeopardize their chances of success. It's important that protecting their client's rights is part of an attorney's job.
They will ensure that insurance companies do not take advantage of victims by fooling them into making harmful statements or accepting ridiculously low offers.
Moreover, when a pedestrian files a personal injury lawsuit, they are likely to face opposition from the driver, which can be hard to overcome alone. An attorney will bring years of experience and exemplary negotiation skills to the table, effectively ensuring that fair compensation is provided.
Myth 4: Insurance Companies Will Cover All Expenses
When an auto accident results in a pedestrian being injured, many believe that insurance will cover all the associated expenses.
It's important to note that car crashes often lead to multiple damages, including the following:
Lost income. When an injury requires intensive medical care, that person will miss work and will not receive an income for the days that they spent recovering.
Medical expenses. Hospital bills can quickly add up, leaving victims with few options.
Property damage. If the pedestrian had valuable items with them at the time of the crash and they were destroyed, they can add this to their claim.
While insurance will certainly cover a portion of these expenses, they may not cover all of them. This is especially true in cases where permanent disabilities apply, and the person will require ongoing medical treatment. Since insurance doesn't pay for future expenses, filing a personal injury lawsuit is the best approach.
Myth 5: Jaywalking Disqualifies Pedestrians from Filing a Legal Claim
Sometimes, pedestrians are also to blame when an accident occurs. Jaywalking is one example of something they could have done wrong. This act involves walking across the street without having any regard for oncoming traffic.
However, in some cases, the pedestrian may still qualify for compensation if the driver was also doing something wrong. Suppose a person jaywalks, for example, and a motorist is speeding or driving while under the influence of drugs and hits him or her. In that case, the pedestrian can still file a personal injury claim.
When in doubt, victims are always welcome to talk to an experienced advocate for reliable, case-specific information.
Myth 6: It's Okay Not to Call a Lawyer As Soon As Possible After a Pedestrian Accident
Pedestrian accidents can be life-changing events. They result in hefty medical bills and lost wages, which can have a major financial impact on the victim. Although the first thing an injured person should do is seek immediate medical attention, the next thing should be to contact their lawyer.
That's because attorneys can offer crucial advice during the early stages. They will suggest that the victim try to gather evidence, such as:
Medical documentation,
Photos or videos from the accident scene,
Witness statements, and more.
Personal injury lawyers also provide other recommendations to protect their client's rights. Their actions during these early stages are intended to strengthen the case and help ensure a positive outcome. For more information, an attorney for pedestrian accidents may be able to help.
Myth 7: Car Accident Lawyers Are Too Expensive
Many victims often suffer in silence and avoid lawsuits because they believe that it would cost too much to hire an attorney. Fortunately, most personal injury lawyers get it. They understand that their clients are often facing incredible financial hardship as they struggle with their injuries.
That's why they offer a contingency fee structure. This system allows victims to seek legal aid without incurring immediate legal costs.
The only time the lawyer receives money for his or her services is when the client has won the case and has received their settlement. That means that a lost case equals no legal fees.
Myth 8: Hit-and-run Cases Can't Be Pursued
When a person flees after running someone over, it can feel like there is no way to receive compensation. However, this is not always true.
In many cases, the injured party can file a claim with their own insurance to obtain some recompense for their damages. Moreover, by looking at surveillance footage or talking to eyewitnesses, victims can identify the offender and file a lawsuit against them.
Myth 9: Only Major Accidents Should Be Reported
It's important for claimants to remember that medical issues that seem minor can lead to major health problems later. Some injuries, such as internal bleeding, can start off small. If left unattended, they could spiral and cause life-threatening consequences.
This is why it is crucial that all accidents are reported to law enforcement, even those that result in minor injuries.
Why Pedestrian Safety Is a Challenge in Iowa
In different parts of the state, such as Iowa City and Des Moines, pedestrian safety remains a concern. There are often conditions that make these incidents more common. The section below explores these challenges.
Distracted Driving
With the popularity of social media platforms increasing, many drivers use their phones while driving. Instead of paying attention to what's in front of them, they often look down, resulting in collisions. This is a prominent reason why accidents involving pedestrians are prevalent in Iowa.
Increased Traffic Volumes
Busy intersections and roadways also pose a risk to those traveling on foot. Many drivers are impatient, which also affects pedestrian safety.
Reckless Behavior
Speeding, ignoring traffic signals, drinking and driving, and other reckless behaviors all contribute to a higher number of car crashes in Iowa.
When motorists do not prioritize the safety of others, they can be held liable for any damages that victims face in an accident.
To learn more about their legal rights, injured persons are encouraged to contact Tom Fowler Law for expert advice. We can also advise on common slip and fall injury myths in Iowa.
The Importance of Contacting a Law Firm
A crash involving a pedestrian can significantly impact the affected person's life. While the motorist involved walks away with minor injuries, the individual who was traveling by foot is often left with permanent disabilities.
Although taking legal action cannot turn back the clock and prevent the accident from happening, it can help the victim get the financial recompense they deserve to make a full recovery. A reputable personal injury attorney understands the law and can guide claimants through the process, ensuring that their rights are protected at all times.
They also conduct investigations to learn more about the incident and identify crucial pieces of evidence that can be used to hold the defendant liable.
The Bottom Line
Tom Fowler Law is a trusted personal injury law firm in Des Moines, Iowa. With many years of experience and a passion for ensuring that justice is met, we are proud to offer pedestrian accident victims our services.
To find out more or schedule a FREE consultation, victims can call to talk to a knowledgeable lawyer.
Comments