Do pedestrian accident victims face bias when seeking compensation?

Pedestrian Marking on the Road With Tire TracksAccidents involving pedestrians have risen dramatically in recent years, with fatalities reaching a 28-year high in 2019, according to the Governors Highway Safety Administration (GHSA). If you were hurt in a pedestrian accident caused by a negligent driver, you may be entitled to compensation for your injuries—however, don't be surprised if you find yourself facing bias at nearly every turn. This bias can start with the police officers investigating the scene of the crash, journalists reporting the incident in the media, the at-fault driver, and the insurance adjuster assigned to handle your claim and the judge or jury assigned to decide the facts of the case.

Why is the Pedestrian the One Many People Suspect Is Responsible for His or Her Injuries?

In 2019, a team of researchers from Rutgers University, Arizona State University, and Texas A&M University set out to test the theory that media coverage of pedestrian accidents may be partially to blame. The resulting paper, which was published in a journal of the National Academy of Sciences' Transportation Research Board, showed that news stories subtly and inadvertently shift blame from drivers to pedestrians in two key ways: by using phrases such as “a pedestrian was hit by a car,” rather than “a driver hit a pedestrian” and describing the incidents as “accidents,” which implies that the events couldn't be avoided.

This bias is rampant with insurance adjusters processing your claim because the more they can blame the pedestrian for the incident, the less they have to pay for the injuries.  Unfortunately, judges or jurors who hears your case are also impacted by bias to one degree or another. Utilizing a skilled personal injury attorney with experience in handling pedestrian accident cases can help you overcome some of the potential bias.  The attorney will focus on gathering important evidence, interviewing witnesses, and hiring the right experts to render opinions and testify on behalf of the injured pedestrian.  Additionally, because California follows the legal standard of comparative negligence, even if the pedestrian was partially at fault, the pedestrian may be able to still maximize his or her financial recovery even if  partially responsible.

Let Our Adept California Injury Recover Professionals Handle Your Pedestrian Injury Case

A pedestrian accident can turn your entire world upside down, leaving you seriously injured, unable to work, and facing unimaginable medical debt. At the Inland Empire Law Group, our knowledgeable attorneys and paralegals can help you fight for a fair recovery. Contact us today at (888) 694-3529 or (909) 481-0100, or submit a web form from this website, to speak with our skilled staff and schedule an appointment for a free consultation.

 

David Ricks
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Rancho Cucamonga Car Accident Attorney and Victorville CA Personal Injury Lawyer Serving Inland Empire