If you have been injured in a pedestrian accident in New Bedford, MA, you can file a personal injury claim to get compensation for your injuries and other losses you incurred. However, there are certain pedestrian accident myths that prevent most victims from seeking compensation or may mislead accident victims into thinking they will automatically receive compensation.
Below are some of the myths:
You Can’t be at Fault For Your Injuries
This is not true because you still have to be mindful of traffic rules. This means you can’t dart into traffic or ignore traffic lights.
Massachusetts is a no-fault state when it comes to car accidents. This means that you will get compensation regardless of whose fault it was for the accident.
Smartphones are the Leading Cause of Pedestrian Injuries
Again, this is not true. According to a study done by the University of British Columbia, only 20% of serious or fatal pedestrian accidents were as a direct result of distracted pedestrians. Distraction comes in many forms and isn’t specific to the use of mobile phones. In fact, only 0.2% of fatal pedestrian accidents were as a direct result of electronic distraction.
It’s Your Fault if You Get Hurt
There are definitely scenarios where a pedestrian can be considered to be at fault for the accident. For instance, you are expected to exercise reasonable duty of care to prevent a car accident. If you are hit while jaywalking into the path of an oncoming car and the diver cannot avoid hitting you, then you will be considered at fault for the accident.
On the other hand, if the driver had enough time to hit the brakes to avoid the accident, but as a result the driver veered off the road and crashed into other parked cars, you will still be held liable for the accident.
Scenarios where the driver would be at fault is when they run a stop light, fail to stop at a designated crosswalk, among others.
At the end of the day, fault is determined by the law of negligence. Simply put, you have to show that you were careful and the other person was careless.
You Can Only be Compensated if You Were Hit by a Car
You do not need to get hit by a car to collect compensation. For example, if a driver was being reckless and you had to jump out of the road to avoid getting hit but as a result, you rolled down a hill and broke your arm, you can collect compensation. This is because had the driver been driving in a safe manner, you wouldn’t have had to take an evasive action to avoid the accident.
Major Injuries Cannot be Mistaken for Minor Injuries
Most people assume that getting hit by a car results in injuries that are immediately visible. However, the degree to injuries depends on how fast the driver was going, the surface you landed on and your overall health.
If, for example, a driver hits you and you suffer from internal injuries, it would be very easy to dismiss the injury as only a bump or a bruise because there is not broken skin. It is important to get evaluated by a medical doctor to rule out any serious problems that might result from the accident.
A Slow Moving Car Cannot Result in Disabling Injuries.
While it’s true a speeding car is more likely to result in serious injuries, so can a slow moving car.
If you have pre-existing injuries, you have brittle bones or some other medical condition, any kind of impact with a moving car can cause a permanent disability.
Hiring a Lawyer in New Bedford, MA, is Expensive
Getting into a pedestrian accident can be overwhelming especially if your injuries are severe and you have to take time off work in order to recover. Given that you are no longer working and you are looking to save on cash, you might be tempted to overlook hiring a pedestrian accident lawyer.
The good news is that personal injury lawyers are not expensive because they work on a contingency fee basis. This means they only get paid when they win your case. There is not retainer fee or upfront cost.
If you’ve been injured in a pedestrian accident in New Bedford, MA, and you need to speak to an experienced lawyer, you can contact us at 508-999-0800 to schedule your free initial consultation.
