Even amongst those who have suffered injuries in a pedestrian crash (or had a loved one who was victimized in a pedestrian collision), myths and misconceptions are common. Whether misinformation is shared by family members or friends or an individual sees or hears of a pedestrian crash and assumes information that is simply not true, an injury victim (or the family member of an injury victim) who believes this false information can have an experience that is unnecessarily difficult and confusing.
Part of a North Dakota personal injury lawyer’s task is to educate the injury victim as well as a judge or jury about pedestrian crashes and dispel some of the common misconceptions. These may include the following myths:
- A pedestrian always has the right of way: Both pedestrians and motorists must exercise due care and caution when out and about on the road. Just because a motorist struck a pedestrian does not necessarily mean the motorist is responsible for all of the pedestrian’s losses and expenses. If the pedestrian is determined to have also acted carelessly, the pedestrian’s compensation award may be lowered.
- All pedestrians suffer the same injury patterns: A pedestrian’s injuries (and the severity thereof) will depend on many factors, some of which include the speed of the vehicle that struck him or her, whether the vehicle was braking at the time of the collision, the pedestrian’s age and preexisting conditions, and the surface on which the pedestrian falls or lands. As a result, pedestrians may have few, if any, external injuries or they may have noticeably broken bones and open wounds.
- A pedestrian who is struck inside a crosswalk is guaranteed to recover compensation: Even in such circumstances as this, there are no guarantees that an injured pedestrian will be able to recover full compensation for his or her injuries. Any negligence on the part of the pedestrian will decrease his or her compensation award. Moreover, if the pedestrian is found to be primarily responsible for his or her injuries, he or she may not be able to recover any compensation at all.
While these myths may not result in any further physical injury to the pedestrian, they can cause unnecessary stress and confusion. What is more, individuals like judges and jurors who believe any of these myths may erroneously decide a pedestrian accident case.
Trust O’Keeffe O’Brien Lyson Foss with Your Personal Injury Lawsuit
The North Dakota personal injury lawyers Tim O’Keeffe, Sara Monson or Tatum O’Brien of O’Keeffe O’Brien Lyson Foss are well-versed in the laws applicable to pedestrian accident cases and can help you or your loved one recover monetary damages to address medical bills, lost wages, and other expenses and losses attributable to a pedestrian crash. They will aggressively protect and assert your legal rights so you can focus on your recovery. Call O’Keeffe O’Brien Lyson Foss today at (701) 235-8000 or (877) 235-8002.
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