The average pedestrian accident lawsuit timeline is impossible to determine. Every accident is unique and requires a different approach to resolve issues of liability and damages. The length of your lawsuit depends on these interconnected factors:
- How soon after the accident that you file your claim
- If there is any confusion about who caused the accident
- Whether you have clear and convincing evidence to support your case
- If the liable party is willing to negotiate a settlement or you must take them to court
Who Caused the Accident?
In some pedestrian accidents, the liable party is a driver who:
- Did not watch their surroundings, especially when backing up
- Drove under the influence
- Drove over the speed limit
- Failed to yield to pedestrians at crosswalks
If any of these occurred in your case, you could sue the driver for damages. Other liable parties may include:
- The driver’s employer
- Maintenance crews responsible for fixing the road or the car that hit you
- An auto parts manufacturer
Some accidents may involve more than one liable party. If this is the case for you, you can sue all liable parties for compensation. However, the presence of multiple liable parties could also lengthen your case. Your timeline may also change if the responsible party broke the law and did not carry sufficient insurance.
For a free legal consultation, call (800) 537-8185
Finding Evidence to Prove Your Pedestrian Accident Claim
You must find enough evidence to prove liability no matter who is responsible or how many liable parties there are. A pedestrian accident lawyer with our firm can help you by collecting evidence from:
- Accident reports
- Footage from surveillance or traffic cameras
- Photos or videos that you took of the accident scene
- Eyewitness statements
You will also need evidence showing the extent of your injuries and how they have affected your life. Possible sources of evidence include:
- Medical records
- Your regular paystubs
- Expert witness statements
- Statements from family and friends
- Receipts and bills related to accident-related expenditures
The more sources we can draw evidence from, the stronger your case becomes. If the insurance company feels that they cannot win in the face of your evidence, it is more likely to offer a fair and prompt settlement, shortening your timeline significantly.
Negotiating Versus Going to Trial
After an accident, the liable party’s insurance company is responsible for paying any damages that the at-fault driver caused. However, insurance companies do not like having to pay hefty amounts and may fight your claim.
A lawyer from our firm can ease the stress of negotiating for compensation by:
- Meeting with the insurance company’s representatives on your behalf
- Fighting aggressively for the compensation you deserve
- Drawing up a settlement agreement if the insurance company offers a fair amount
If you accept a settlement, you are likely to get your money faster than if you must go to court. Sometimes, however, the insurance company refuses to negotiate in good faith. When that happens, we can try to persuade a jury to award you damages by:
- Preparing trial exhibits and submitting them to the court
- Scheduling court dates
- Preparing oral arguments and delivering them before a judge and jury
- Filing briefs and motions
- Locating witnesses to testify on the stand
- Questioning and cross-examining witnesses
- Raising objections if the defendant or their counsel does not act appropriately
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We Represent Pedestrian Accident Victims
Our firm can manage all aspects of your lawsuit while you focus on putting your life back together. We can:
- Collect evidence (e.g., police reports and witness statements) to support your claim
- Identify the liable party or parties based on the evidence we find
- Calculate how much money your injuries entitle you to seek
- Notify the at-fault party that you are filing suit
- Fill out and file all necessary paperwork
- Answer all questions you have at any time
- Help you make critical legal decisions, like when to settle and when to go to trial
Our team will work as fast as possible to get you the compensation you and your family need. With us on the case, you need not worry about handling any aspect of your case alone.
Staying Within the Statute of Limitations
Each state has a set of laws – the statute of limitations – regarding the date by which accident victims must begin a lawsuit. If you miss this deadline, you could lose the right to collect compensation. There are often exceptions and special circumstances that might further shorten the time you have to get started.
Therefore, it is best to act quickly after a pedestrian accident. Acting quickly may also help you get compensation sooner.
Morris Bart, LLC, Can Start Fighting for Compensation Today
While there is no average timeline for a pedestrian lawsuit accident, the Morris Bart law firm can help you act quickly to fight for appropriate compensation. Personal injury victims are always welcome to call us at (800) 537-8185 for a free case review. Our firm has 15 locations across four states for our clients’ convenience.
Questions?Call (800) 537-8185
to find a Morris Bart office near you.