If you or your loved one has been involved in a pedestrian accident, you may be entitled to compensation for your injuries and losses. However, getting the compensation you deserve is not easy. You need the help of a skilled and experienced pedestrian accident lawyer who can protect your rights and interests.
A pedestrian accident lawyer can help you:
- Investigate the cause and circumstances of the accident
- Collect and preserve evidence, such as photos, videos, witness statements, police reports, medical records, etc.
- Determine the liability and negligence of the driver or other party
- Calculate the fair value of your claim, based on the severity of your injuries, the impact on your life, and the applicable laws
- Negotiate with the insurance companies and other parties for a favorable settlement
- File a lawsuit and represent you in court, if necessary
In this article, we will share some tips on how to choose the best pedestrian accident lawyer for your case and get the justice you deserve.
The Severity of Pedestrian Accidents in India
Pedestrian accidents are a serious and growing problem in India, causing thousands of deaths and injuries every year. According to the latest data from the Ministry of Road Transport and Highways, pedestrian deaths accounted for 34% of all road fatalities in 2023, with 25,432 pedestrians losing their lives in 72,053 accidents. This means that every day, 70 pedestrians die and 197 get injured on Indian roads.
The table below shows the number of pedestrian accidents, deaths, and injuries in India from 2019 to 2023.
| Year | Accidents | Deaths | Injuries |
|---|---|---|---|
| 2019 | 66,749 | 23,666 | 62,114 |
| 2020 | 68,053 | 23,483 | 63,115 |
| 2021 | 69,374 | 24,457 | 64,942 |
| 2022 | 70,539 | 25,844 | 66,948 |
| 2023 | 72,053 | 25,432 | 67,401 |
The main causes of pedestrian accidents in India are:
- Over-speeding and rash driving by motorists
- Lack of pedestrian facilities, such as footpaths, crossings, signals, etc.
- Poor visibility and lighting conditions, especially at night
- Violation of traffic rules and regulations by both drivers and pedestrians
- Distraction and impairment due to alcohol, drugs, mobile phones, etc.
Pedestrian accidents can result in serious and life-threatening injuries, such as:
- Head and brain injuries
- Spinal cord injuries
- Fractures and dislocations
- Internal organ damage
- Soft tissue injuries
- Amputations
- Scarring and disfigurement
- Psychological trauma
These injuries can have a devastating impact on the victims and their families, affecting their physical, mental, emotional, and financial well-being. They may require extensive medical treatment, rehabilitation, and care, which can be costly and time-consuming. They may also suffer from loss of income, earning capacity, and quality of life, which can be difficult to recover.
The Legal Requirement for Pedestrian Safety in India
There is no specific central legislation to comprehensively govern or regulate the use of roads by pedestrians and non-motorized traffic in India. It has been left to the States to legislate thereon. However, some laws offer protection to pedestrians, including the following:
- The Motor Vehicles Act, 1988: This Act empowers the State Government to make rules ensuring the safety of road users by prohibiting the use of motor vehicles on footpaths and pavements. It also provides for the penalizing of drivers who cause injury or death to pedestrians by rash or negligent driving. The compensation for the victims of pedestrian accidents is also governed by this Act.
- The Indian Penal Code, 1860: This Code deals with protecting the public from any rash or negligent act like driving rashly or negligently endangering human life and safety. It also provides for the punishment of drivers who cause hurt or grievous hurt to pedestrians by such acts. The punishment may include imprisonment, fine, or both.
- The Rules of the Road Regulations, 1989: These Regulations impose a duty on the driver to slow down their vehicle when approaching a pedestrian or zebra crossing. They also prohibit the driver from driving on the footpath or cycle lane except in cases where a police officer on duty permits them to do so. They also prohibit the driver from parking their vehicle near or on a pedestrian crossing, footpath, or traffic light.
These laws are meant to ensure the safety of pedestrians and other road users, but they are often not enforced or followed properly. Therefore, pedestrians need to be aware of their rights and responsibilities and seek legal help in case of an accident.
How to Choose the Best Pedestrian Accident Lawyer
Finding the best pedestrian accident lawyer for your case may take some effort, but it is worth it in the long run. Here are some tips to help you choose the right lawyer for your case:
- Seek an experienced lawyer: You want a lawyer who has handled many pedestrian accident cases before and knows the laws and regulations specific to your state and city. Ask the lawyer how many pedestrian cases they have handled, how many they have won or settled, and what was the average compensation they obtained for their clients.
- Ask for referrals: One of the best ways to find a reputable lawyer is to ask people you know, such as your friends, family, colleagues, or neighbors, if they have any recommendations. You can also contact your local bar association or use online platforms, such as LegalFinders, to find a list of qualified lawyers near you.
- Interview multiple lawyers: Before you hire a lawyer, you should meet with them in person or over the phone and ask them some questions, such as:
- What is your fee structure and how do you charge for your services?
- How will you communicate with me and keep me updated on my case?
- What is your strategy and approach for my case?
- What are the possible outcomes and risks of my case?
- How long will it take to resolve my case?
- Choose a lawyer who works on contingency: A contingency fee means that the lawyer will only get paid if they win or settle your case. This way, you don’t have to pay any upfront fees or expenses and you can be assured that the lawyer has a stake in your case. The average contingency fee for a pedestrian accident lawyer is around 33%, but it may vary depending on the complexity and stage of your case.
- Choose a lawyer who has a good rapport with you: You want a lawyer who is not only competent and professional but also friendly and empathetic. You want a lawyer who listens to you, understands your situation, and respects your wishes. You want a lawyer who is easy to reach, responsive, and honest. You want a lawyer who you can trust and rely on.
How to Claim Compensation for Pedestrian Accidents
If you have been injured in a pedestrian accident, you may be eligible to claim compensation from the driver or other party who caused the accident. The compensation may cover you:
- Medical expenses, such as hospital bills, surgery costs, medication, etc.
- Future medical expenses, such as physiotherapy, prosthetics, etc.
- Lost income, such as wages, salary, bonuses, etc.
- Future lost income, such as reduced earning capacity, career opportunities, etc.
- Pain and suffering, such as physical pain, mental anguish, emotional distress, etc.
- Loss of enjoyment of life, such as hobbies, activities, relationships, etc.
- Loss of consortium, such as companionship, affection, intimacy, etc.
The amount of compensation you can claim depends on various factors, such as:
- The severity and extent of your injuries
- The impact of your injuries on your life and livelihood
- The degree of fault and negligence of the driver or other party
- The insurance coverage and policy limits of the driver or other party
- The laws and regulations of your state and city
To claim compensation, you need to follow some steps, such as:
- Seek medical attention as soon as possible and keep all your medical records and bills
- Report the accident to the police and get a copy of the police report
- Collect and preserve evidence, such as photos, videos, witness statements, etc.
- Contact a pedestrian accident lawyer as soon as possible and discuss your case
- Do not admit fault or sign any documents without consulting your lawyer
- Do not accept any offer or settlement without consulting your lawyer
Your lawyer will help you file a claim with the insurance company of the driver or other party and negotiate for a fair settlement. If the insurance company denies your claim or offers a low settlement, your lawyer will help you file a lawsuit and represent you in court.
How to Avoid Pedestrian Accidents as a Driver or Pedestrian
Pedestrian accidents are a serious and growing problem in India, causing thousands of deaths and injuries every year. Therefore, both drivers and pedestrians need to take some precautions to avoid these accidents. Here are some tips for drivers and pedestrians to prevent pedestrian accidents:
Tips for Drivers
- Stay focused and avoid distractions: As a driver, it’s important to stay focused on the road and avoid distracting activities like texting, eating, or applying makeup. Always keep your hands on the wheel and your eyes on the road. If you need to use your phone, pull over to a safe place or use a hands-free device.
- Slow down and follow the speed limit: Speeding is one of the main causes of pedestrian accidents, as it reduces your reaction time and increases the impact force. Always follow the speed limit and adjust your speed according to the traffic, weather, and road conditions. Slow down when approaching a pedestrian or zebra crossing, a school zone, a residential area, or a crowded place.
- Yield to pedestrians: Pedestrians have the right of way at marked and unmarked crosswalks, intersections, and sidewalks. You should always yield to pedestrians and let them cross the road safely. Do not block the crosswalk or overtake other vehicles that are stopped for pedestrians. Do not honk or harass pedestrians who are crossing the road.
- Be alert and watch out for pedestrians: Pedestrians can be hard to see, especially at night, in bad weather, or blind spots. You should always be alert and watch out for pedestrians who may appear suddenly or unexpectedly on the road. Use your headlights, mirrors, and indicators to improve your visibility and signal your intentions. Be extra careful when turning, reversing, or passing near pedestrians.
- Do not drive under the influence: Driving under the influence of alcohol, drugs, or medication can impair your judgment, coordination, and reaction time. It can also increase your risk of causing or getting involved in a pedestrian accident. You should never drive under the influence of any substance that can affect your driving ability. If you are impaired, call a taxi, a friend, or a family member to take you home.
Tips for Pedestrians
- Follow the traffic rules and signals: As a pedestrian, you should also follow the traffic rules and signals that apply to you. You should cross the road only at designated places, such as crosswalks, intersections, or bridges. You should obey the traffic signals, such as red, green, or yellow lights, or pedestrian signs. You should also look both ways before crossing the road and make eye contact with the drivers to ensure they see you.
- Use the pedestrian facilities: You should always use the pedestrian facilities that are available to you, such as footpaths, pavements, sidewalks, or overpasses. These facilities are meant to provide you with a safe and comfortable space to walk and avoid the traffic. If there are no pedestrian facilities, you should walk on the left side of the road, facing the oncoming traffic, and keep as much distance as possible from the vehicles.
- Be visible and alert: You should always wear bright or reflective clothing, especially at night, in bad weather, or low-light conditions. This will help the drivers to see you and avoid hitting you. You should also be alert and aware of your surroundings. Do not use headphones, earphones, or mobile phones while walking, as they can distract you and prevent you from hearing the traffic. Do not assume that the drivers can see you or will stop for you. Always be cautious and vigilant when walking on or near the road.
- Avoid risky behaviors: You should avoid any risky behaviors that can put you in danger of a pedestrian accident, such as:
- Jaywalking or crossing the road at random or unsafe places
- Crossing the road diagonally or in between parked cars
- Running or darting across the road
- Walking or standing on the road or the median
- Walking or crossing the road while intoxicated or impaired
Conclusion
Pedestrian accidents are a serious and growing problem in India, causing thousands of deaths and injuries every year. If you have been a victim of a pedestrian accident, you need to act quickly and seek the help of a qualified pedestrian accident lawyer who can fight for your rights and compensation. By following the tips above, you can find the best pedestrian accident lawyer for your case and get the justice you deserve.
You can also prevent pedestrian accidents by following the tips above for drivers and pedestrians. By being responsible, respectful, and careful, you can make the roads safer for everyone.
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