Damages in Jacksonville Pedestrian Accidents

An evening stroll, a quick run to the convenience store, or a walk to the bus stop can become a life-changing event if a vehicle strikes you while walking. Pedestrian accidents can result in catastrophic injuries and fatalities because vehicles are easily 100 times the weight of the victims they hit. Victims often need to pay hospital bills and may lose income if they are unable to work while they recover.

Thankfully, a pedestrian collision attorney with experience recovering damages in Jacksonville pedestrian accidents could help you file an injury claim. At Rainwater, Holt & Sexton, we could advocate for your right to adequate compensation.

Recoverable Damages in Pedestrian Accidents

Jacksonville victims of pedestrian crashes have access to three categories of damages. In the first category are economic damages, which cover medical expenses, lost present and future income, diminished earning capacity due to the injuries sustained, and property damage. The second category is non-economic damages, which cover pain and suffering or loss of enjoyment of life. Although these are intangible damages with subjective monetary value, they are real in that the victim actually experiences them and therefore needs to be compensated.

The third type is punitive damages. Unlike the first two, punitive damages are uncommon, and courts only award them when there is clear proof of gross negligence, malicious intent, or willful negligence. For example, a driver may intentionally run the victim over because the pedestrian annoyed them. Punitive damages are meant to punish the motorist and serve as a deterrent to other drivers who may be inclined to engage in similar acts.

If a victim passes on from their injuries, surviving family members may receive wrongful death damages. These are meant to cover the following:

• Burial and funeral costs
• The victim’s medical expenses while they were in the hospital
• Lost future income
• Loss of companionship, guidance, or inheritance

If you were hurt in a pedestrian accident, you could pursue these damages with the help of an experienced attorney.

What Factors Influence Compensation in a Pedestrian Collision Case?

Although each pedestrian accident case is unique, some factors contribute to the success of an injury claim. These include:

• The extent of the victim’s injuries, as compensation increases with increased injury severity
• The cost of treatment and associated medical expenses
• Whether the victim is unable to work or earn income during recovery
• The amount of available insurance coverage held by the liable party
• Who was responsible for the accident
• The strength of the evidence
• Whether the victim was partially responsible for the accident
• The skills and experience of the pedestrian accident lawyer handling the case

Arkansas is a comparative fault state according to Arkansas Code Annotated  § 16-64-122, which means the victim’s degree of fault can reduce the amount of recoverable compensation in a pedestrian crash. If you are 50 percent or more liable, insurers may bar you from recovering compensation. After a pedestrian accident in Jacksonville, insurance companies often try to transfer liability to the claimant in a bid to either deny them compensation or reduce the payout.

Speak to a Jacksonville Lawyer for Help Seeking Damages After a Pedestrian Crash

At Rainwater, Holt & Sexton, our attorneys are committed to helping victims seek damages in Jacksonville pedestrian accidents. We could provide legal guidance, representation, and help negotiate a settlement if you were hit by a car while walking.

As the largest injury firm in the state, we have the manpower to protect your rights. Contact us today to schedule a consultation and discuss your situation.