Walking can be an excellent way to get exercise and is also more environmentally friendly than driving a car. While it is generally safe to walk in most towns and cities, sometimes drivers are careless and can strike pedestrians. If you have been in a pedestrian accident and are seeking compensation, you may want to consider hiring a Fayetteville, AR pedestrian accident lawyer.
Hiring an experienced pedestrian accident lawyer like Geoffrey D. Kearney may greatly improve your chances of reaching a settlement. At The Law Office of Geoffrey D. Kearney, PLLC, we have experience helping clients resolve personal injury and civil litigation cases throughout Arkansas. Moreover, his extensive experience serving as a clerk for federal, state, criminal, and civil cases speaks to his diverse perspective when it comes to litigation.
Fayetteville is regarded as a very walkable city due to its city planning, great trail system, and pedestrian-friendly sidewalk construction, and it has been deemed a bronze-level Walk Friendly Community.
However, with more pedestrians comes an increased likelihood of pedestrian accident cases. In fact, 31% of traffic deaths in recent years were due to pedestrian and bike accidents, and Arkansas ranked 16th among U.S. pedestrian fatalities, with a rate of 2.41 for every 100,000 people in 2023.
Both pedestrians and drivers have a responsibility to obey traffic laws to prevent fatal and injury-causing accidents. While there are a number of traffic laws drivers must follow, pedestrians generally have the obligation to strictly use marked crosswalks, pedestrian tunnels, or overhead pedestrian walkways when traveling on foot. Otherwise, they must yield to drivers, pursuant to Arkansas Transportation Code § 27-51-1204.
Pedestrians who are involved in accidents may recover damages, but they are bound by Arkansas’s modified comparative negligence laws, which state that both parties in an accident assume responsibility, and financial compensation or payout is directly proportional to their level of responsibility. Specifically, if plaintiffs assume 50% or more of the fault, they may not be able to recover damages, and vice versa if they are less than 50% at fault.
Pedestrian accidents can occur in a number of ways. In one recent Fayetteville case, a person was struck by a car while walking on North College Avenue between the streets Main and Zion, sustaining injuries. In other cases, pedestrian accidents may occur because of:
While marked crosswalks can help prevent pedestrian accidents, it is difficult to anticipate the actions of negligent drivers. Drivers have a duty of care to ensure their safety, pedestrians’ safety, and the safety of other drivers. When they breach this duty, injuries or even death can occur, resulting in serious damages.
Your well-being is important, so if you are struck by a vehicle or trip and fall because of uneven roads, you deserve compensation to help recover from any injuries or harm you experience.
Typically, you can file an insurance claim to recover the following damages for both personal injury and civil litigation claims:
Your specific case will determine exactly how much you can recover, which is typically a reasonable amount determined by the court. However, there is no cap on how much you can recover.
Sometimes, what the insurance company offers in a settlement for a pedestrian accident is simply not enough. Moreover, in some cases, insurance companies may deny claims outright. If this occurs, you may need to hire a pedestrian accident lawyer.
An experienced lawyer can help you with the claims process, negotiate your settlement, and even represent you in court for your pedestrian accident claim if necessary.
We are a seasoned legal team with experience in various areas of law. Geoffrey D. Kearney works tirelessly to help his clients receive the compensation necessary to alleviate some of their pain. Do not hesitate to contact us if you are in an accident. The sooner you act, the quicker your chances of reaching a settlement and moving forward with your life.