For over 35 years, Montlick & Associates has fought to protect the rights of pedestrian injury victims and their families in order to get them all the compensation they deserve under the law. Our firm knows how serious a victim’s injuries can be when their body is struck by an over 3,000 pound vehicle, resulting in expensive medical care, lost income, disability and pain and suffering. We Know What it Takes to Win™ and we have recovered billions of dollars in compensation for our clients.* Contact us today for your free consultation to learn about your legal rights, as well as the steps that are necessary to protect those rights.
As anyone who has lived in a major city can tell you, it is dangerous traveling by foot – even if all you are doing is walking through a crowded parking lot. Drivers of cars, trucks, and SUVs always seem to be in a hurry, and in their haste can easily fail to see pedestrians walking nearby. Pedestrian accidents are incredibly more dangerous than the average automobile accident, as the human body is fragile in the face of being struck by a car or truck. According to the National Complete Streets Coalition, approximately 6,000 pedestrians were killed in one recent year alone, and, unfortunately, this number is likely to increase in the coming years. Cities that do not provide enough crosswalks (thereby encouraging jaywalking, which is highly dangerous and illegal in most states), or whose traffic signals do not give the elderly or the disabled adequate time to cross, are more likely to have more serious or fatal pedestrian incidents than others.
Our attorneys work hard for our clients and fight on their behalf to maximize the value of their cases. We pay attention to the details that can make a difference between winning and losing, and take the appropriate steps to protect each client’s rights. In many cases, we are able to find additional avenues of compensation as well. No matter where you are located, we are just a phone call away.
If you or a family member has sustained personal injuries in an accident or because of someone else’s negligence, Contact Montlick & Associates, Injury Attorneys, Nationwide 24 hours a day, 7 days a week by calling (800) LAW-NEED (800-529-6333), submitting an online free case evaluation form, or by using our Free 24-Hour Live Chat by visiting www.montlick.com. **
In our experience, we have found that pedestrians are often at a disadvantage at the accident scene. For one, the injuries in such accidents to the pedestrian are often so serious, that they are not available at the scene to provide their version of what happened to law enforcement. Although most law enforcement officers protect us from danger and obtain detailed information from accident scenes, we have found that often pedestrians are unintentionally treated unfairly. For example, many police officers will often find a pedestrian at fault in an accident simply because the person was not in a designated crosswalk or walking area, or was wearing dark clothing. Such actions are welcomed by insurance companies, which look for any reason to deny or minimize a claim. However, depending on the law in a particular state as well as the facts, a driver can still be liable for striking pedestrian outside of a crosswalk if the driver’s negligence outweighs the pedestrian’s. By way of example, a pedestrian may be found at fault by a police officer for jaywalking at night, but if it can be proven that the driver who hit the person could have seen the person from far away prior to impact, a jury could still find the driver negligent for the accident and therefore liable for the victim’s damages.
Depending on the facts, the seriousness of the injury, and the availability of evidence, an experienced attorney can be a critical step to piecing together what happened and proving your claim. Our attorneys know the intricacies of the law and the claims process, so that we can handle the legal matters so that our clients can focus on taking care of themselves and getting well. Montlick & Associates is committed to exceptional customer service, and we fight too hard to recover for our clients all compensation to which they are entitled under the law, while keeping them updated regarding all important developments of their cases. Additionally, as part of examining each case carefully, in many situations, we are able to identify additional potential avenues of recovery that our clients were not aware of, or that the insurance company did not disclose.
The time it takes for a pedestrian to fully recover from his or her injuries may be years-long, but the law does not necessarily permit injured pedestrians to wait until they are fully healed from their injuries before filing a pedestrian injury lawsuit. While most cases can be settled without the need for litigation, one of the most common reasons why pedestrian accident cases are not successful is because accident victims do not pursue legal action within the required time period.
Every state has laws that limit the amount of time an injury victim has to file or settle a potential personal injury lawsuit. Delaying in seeking legal assistance can result in the total of loss of all of your rights to recover damages against the person or company responsible for your injuries. These legal time deadlines, called statutes of limitations, apply to personal injury claims as well as all types of legal matters.
It is important to note that these statutes of limitations can vary significantly depending on the type of claim being asserted as well as the state in which the claim is brought (in some cases federal law will control). For example, a personal injury claim may have a different statute of limitations in a given state than, for example, a breach of contract claim. Additionally, when making claims against governmental entities, depending on the laws of a particular state, much shorter time deadlines can apply, as well as very specific notification requirements to the appropriate governmental entity. Additionally, injured pedestrians’ own automobile policies can provide additional insurance, such as uninsured/underinsured motorist coverage, even though the victim’s vehicle was not involved in the accident. However, such policies commonly have timely notification requirements, meaning if a claim is not filed or the insurance company does not have formal notice within the contractually stated time period, the victim can lose the ability to pursue a claim against their own policy, which can be necessary for receiving substantial compensation. Due to the complexity involved in an analysis of all applicable deadlines, it is always best to get advice from an experienced attorney to ensure you comply with all requirements.
In addition to these legal and contractual deadlines, there are other reasons to act without delay: important evidence necessary for your case can disappear or become destroyed, and witnesses can go missing or forget what happened. Our attorneys act appropriately to preserve important evidence. We also ensure that appropriate notice is given to preserve your rights to compensation. In appropriate circumstances and when viable to do so, our attorneys may hire accident reconstruction experts, as well as obtain available camera footage (if it exists) in order to prove what happened and make a more compelling pedestrian injury case.
An injured pedestrian is likely to have a considerable amount of present and future expenses related to their injuries. A Plaintiff’s primary purpose in a claim or pedestrian accident lawsuit is to obtain monetary compensation, or “damages,” from the person or company responsible for causing the crash and the pedestrian’s resulting injuries.
Each individual case is unique, and the amount of compensation each client receives depends on multiple factors, such as, for example, where the accident occurred, the fact and circumstances of what happened, the strength of liability, the likeability and credibility of the witnesses to a jury, and others. Additionally, the amount of the injured person’s medical expenses, the nature and extent of the injury, whether the victim is temporarily or permanently disabled as a result of the injury, the impact on the victim’s quality of life, and the extent of pain and suffering are also important to determining a case’s value.
Our pedestrian accident attorneys pursue all of the types of monetary compensation that our clients are entitled to recover, and depending on the facts of the case as well as the applicable law, compensation may include payment for:
In the case of a tragic loss of a loved one in a pedestrian accident caused by someone else’s negligence, our attorneys pursue wrongful death claims on behalf of our clients. The rights of plaintiffs to pursue wrongful death claims, including the proper parties to bring a claim, are subject to the applicable law of a particular state, and the types of damages recovered can significantly vary from state-to-state as well. For example, the types of damages or combination of damages some states allow for wrongful death claimants include the full economic and non-economic value of the life of the victim, loss of companionship, value of support and services, and/or punitive damages, to name a few. Often families are also entitled to burial and funeral expenses, medical expenses incurred, and pain and suffering endured by the deceased loved one. However, even the proper party to bring such a claim (or multiple claims) can vary depending on the state where the accident occurred. If you lost a family member in a hit-by-car accident caused by someone else’s negligence, contact us for a free consultation to learn about your legal rights and options. Let our law firm help you navigate this difficult time, answer your questions, and let you know how we can help.
The amount of damages a victim might recover is specific to the facts and circumstances of a given case. As such, every individual claim is different. Predicting the exact amount of compensation that you and your family might receive from a claim is generally not possible at the beginning of your case, but our attorneys are able to advise our clients on the range of predicted case values once all of the evidence has been assembled, we have learned the extent and long-term effects of the injury, we have reviewed all medical records and expenses, and evaluated the applicable law and the strength of the evidence. Our attorneys fight hard on behalf of each individual client in order to maximize the value of their claims under the law. In the appropriate circumstances, our lawyers, after advice and consent of the client, will not hesitate to file a lawsuit against those responsible and ultimately take a case to trial.
Montlick & Associates’ attorneys are standing by to speak with you about your pedestrian accident case. Call us now, and we will provide a free consultation to advise you on your legal rights, as well as the steps that are necessary to protect those rights. Contact our Pedestrian Accident Lawyers at Montlick & Associates, Attorneys at Law nationwide today by calling 1-(800) LAW-NEED (1-800-529-6333) to schedule your free consultation. You may also visit us online at www.montlick.com to submit a free case evaluation form or use our Free 24/7 live chat.
*Dollars recovered are cumulative and are not indicative of individual case results. Each case is unique. Results depend on the facts and applicable law.
** Legal services are provided by Montlick & Associates, P.C. and local associated law firms at no additional cost to you depending on the jurisdiction and any specialized experience required. For more information click here.