Zimmer, Duncan & Cole

Who is at fault for South Dakota pedestrian accidents?

When cars or trucks collide with pedestrians, serious injuries and even loss of life can easily occur. Around 5,000 pedestrians are killed each year in the U.S. and another 60,000 are injured. Pedestrian accidents account for around 11 percent of all motor vehicle fatalities.

Who is at fault for pedestrian accidents? Usually the driver of the vehicle, but it depends on the exact situation. If a pedestrian is in a crosswalk, on a sidewalk, or obeying traffic laws, the individual always has the right of way. As such, most accidents that happen are the fault of negligent drivers.

There are some instances in which the driver cannot be held accountable for South Dakota pedestrian accidents. If, for example, someone jumps out into traffic and gives the driver no chance to react, then the driver can't be held liable. Pedestrian accidents that happen on the shoulder of busy roads or major highways also can be a gray area.

If you or a loved one has been injured in a pedestrian accident that was not your fault, you may be able to recover damages for the wreck. Your financial compensation may cover:

• Medical bills
• Ongoing care
• Home renovations
• Missed time at work
• Extreme pain/disability
• Emotional suffering

However, the insurance companies that have to pay the amount of the claim will not just offer you a full settlement. Instead, they will fight you for every penny, trying to trick you out of the amount you truly deserve or to outlast you in the hopes of a favorable settlement.

You have to remember that you are at war with the insurance companies. The best way to arm yourself for the inevitable battle is to hire an experienced and aggressive South Dakota personal injury attorney who will look after your best interests and not back down.

To learn more about the South Dakota personal injury lawyers of Zimmer, Duncan & Cole and to see if we are right for your case, call (888) 733-2992. We offer a free consultation to clients who meet simple criteria, and will not take your case unless we are absolutely confident that we can help you.