×

Fayetteville Pedestrian Accident Lawyer

Home | Fayetteville Pedestrian Accident Lawyer
Law Office of Geoffrey D. Kearney, PLLC

Fayetteville Pedestrian Accident Attorney

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.

Pedestrian Accident Law in Arkansas

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.

inpg Geoffrey D. Kearney
Fayetteville Pedestrian Accident Lawyer
Call Law Office of Geoffrey D. Kearney, PLLC today at 870-376-3068 for your Free Consultation!

How Do Most Pedestrian Accidents Occur?

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:

  • Distracted driving
  • Speeding
  • Failure to follow traffic signals
  • Reckless driving
  • Failure to brake in time
  • Impaired driving
  • Uneven or deeply cracked roads
  • Unsafe weather conditions

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.

What Compensation Can I Receive Following an Accident?

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:

  • Medical expenses
  • Loss of income
  • Legal fees
  • Property damage
  • Pain and suffering
  • Emotional distress

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.

When to Hire a Fayetteville Pedestrian Accident Attorney

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.

FAQs

Q: Does Insurance Pay if You Hit a Pedestrian?

A: Yes, sometimes, insurance companies pay if you hit a pedestrian, but this depends on the specifics of the case and their investigation. Other times, the insurance company may choose to deny the pedestrian’s claims if it assumes a substantial amount of fault on the part of the pedestrian. In other instances, the claim may go to court, in which all parties should be prepared for litigation.

Q: Can You Sue a Pedestrian for Causing an Accident?

A: Yes, it is possible to file a claim against a pedestrian for causing an accident if the accident resulted in injuries to the driver or passenger; however, these cases are not as common as those in which drivers assume the most fault. In any case, for negligence to be proven, which is central to personal injury cases, all four components of negligence should generally be involved.

Q: How Long Does It Take to Settle a Pedestrian Accident?

A: The time it takes to settle a pedestrian accident case varies by case. Sometimes, it can settle fairly quickly, but if the case goes to trial, it could take a lengthy period of time to settle. Factors that are considered are the severity of the case, including the plaintiff’s injuries and damage incurred, the investigation process, the lawyer’s skill and abilities, and the overall court process.

Q: What Percentage Do Most Personal Injury Lawyers Take?

A: The percentage that personal injury lawyers take is difficult to determine, as each firm has different policies. Lawyers may take more or less depending on their experience, the firm’s location, and the complexity of your case. Lawyers may also charge hourly fees or flat rates, so it is important to check with the firm to get a better idea of how much you may pay.

Experienced Personal Injury Lawyer at Your Service

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.

Testimonials