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Pedestrian Accidents: How Medical Records Establish Liability?

by | Nov 8, 2024 | Personal Injury, Medical Record Review

Pedestrians are people who travel on foot, and in the US, even people using wheelchairs, mobility scooters, and skateboards come under this category. Walking or jogging? Stay alert. Pedestrians are the most vulnerable to road accidents. Pedestrians too should be responsible to avoid accidents, and roads are not meant for jaywalkers.

Are you a pedestrian accident victim? Know your rights and the role of your medical records in proving pedestrian accident liability. Learn how to proceed with your pedestrian accident claims.

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Pedestrian Accident Statistics

Pedestrian accidents account for more than 15% of all traffic fatalities every year. According to the National Highway Traffic Safety Administration (NHTSA), pedestrian deaths increased from 14% to 19% between 2008 and 2017. Though there was a slight decline during the COVID-19 lockdowns, pedestrian fatalities spiked to a 40-year high in 2021, with an average of 20 deaths per day. The rise in larger vehicles such as SUVs and pickup trucks is a significant factor.

According to preliminary data analysis by the Governors Highway Safety Association (GHSA), in 2023, around 7,300 pedestrians were killed by drivers. Though it was 5.4% less than the [previous year, it was 14.1% when compared to 2019 data.

pedestrian-accident-fatality-statistics

Causes of Pedestrian Accidents

  • Distracted driving or walking: Texting or reading while driving or walking is a leading cause of accidents. Headphones or Bluetooth can also impair alertness.
  • Alcohol influence: Every 52 minutes, someone dies in a drunk driving accident. Both drunk drivers and pedestrians pose risks.
  • Intersection left turns: Drivers often miss pedestrians while turning left.
  • Reversing vehicles: Parking lots are hotspots for accidents involving backing up.
  • Darting out: Sudden pedestrian movements into traffic can cause accidents.
  • Crossing before stopped vehicles: This can obscure pedestrians from other drivers.
  • Crossing outside crosswalks: Unexpected crossings can lead to serious injuries.
  • Low visibility: Most accidents happen in poor lighting conditions or during adverse weather.

Pedestrian Accident Injuries

Pedestrian accidents often result in severe injuries. About 50% of victims suffer from lower extremity injuries such as fractures and sprains. Collisions with vehicles can cause head, neck, and upper body injuries, sometimes fatal.

Safety Measures for Pedestrians

Pedestrians should follow certain precautions while walking on the roads.

  • Cross only at intersections or crosswalks.
  • Use flashlights at night, and wear reflective or bright clothing.
  • Avoid distractions from gadgets and alcohol.
  • Teach children to follow traffic rules.
  • Use sidewalks or walk, facing traffic if none are available.

How to File Pedestrian Injury Claims

If you’re injured in a pedestrian accident, you can sue the negligent driver responsible for the accident. Spouses of victims can also file claims. Claims can cover medical expenses, pain and suffering, lost wages, and emotional impact. However, if the pedestrian is solely at fault, they cannot sue.

The Role of Pedestrian Accident Law Firms

Qualified pedestrian accident law firms are essential for maximizing compensation. They gather evidence, calculate damages, and negotiate with insurance companies. Your medical records are critical in these cases. Expert medical record review companies like LezDo TechMed can help attorneys build a strong case by thoroughly reviewing all medical documentation.

The Significance of Medical Records and Record Reviews

Medical records are the foundation for any pedestrian accident claim. They provide a detailed account of the injuries sustained, treatments received, and the long-term prognosis. These records are essential for establishing the extent of the damages and linking them directly to the accident.

A comprehensive medical record review can reveal:

  • Injury Severity: Detailed documentation of the injuries, including fractures, lacerations, and internal injuries, helps in assessing the severity of the accident.
  • Treatment Timeline: Records of medical treatments, surgeries, and rehabilitation provide a timeline of the victim’s recovery process.
  • Impact on Daily Life: Documentation of how the injuries have affected the victim’s ability to perform daily activities and their overall quality of life.
  • Expert Opinions: Medical opinions from treating physicians and specialists can support the claim by providing professional insights into the nature and extent of the injuries.

Need Quality Medical Record Reviews?

How Medical Record Reviews Strengthen Your Case

Medical record reviews conducted by experts ensure that every detail is scrutinized thoroughly. They help in identifying inconsistencies, ensuring accuracy, and providing a comprehensive analysis that can be presented in court. These reviews can:

  • Validate Testimonies: Align medical findings with witness testimonies and the victim’s account of the accident.
  • Highlight Negligence: Identify any medical evidence that points to negligence on the part of the driver.
  • Support Compensation Claims: Provide solid proof for claims related to medical expenses, pain and suffering, and long-term care needs.

To put down in a nutshell,

Being a vigilant pedestrian is as important as expecting responsible driving from drivers. Over 20 pedestrian deaths daily highlight the need for preventive measures. If you’re involved in an accident, consult a doctor, gather evidence, and seek legal help to secure your rightful compensation.

Don’t hesitate to fight for your rights and ensure a safer future for all pedestrians. Your medical records and expert reviews from expert chart review firms are pivotal in proving your pedestrian accident claim and securing the compensation you deserve.

Don’t hesitate to fight for your rights.

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