Pedestrian Accident Lawsuit Loans
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Pedestrian Accidents and Legal Funding from Uplift
Lawsuits are financially and mentally costly, but pedestrian accident lawsuit cash advance loans are quick and easy. Because of the clear liability involved in pedestrian accidents, we can secure very low interest rates on pedestrian accident lawsuit loans.
Our case managers have handled thousands of cases and know what to look for. No wasting time going back and forth. This means you can get approved for a lawsuit cash advance within 24-hours. Apply online today or give us a call at (800) 385-3660.
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Pedestrian accidents vs car accidents
There are several differences between pedestrian accidents and car accidents. Below we have listed a few of the ways that pedestrian accidents differ from car accidents. A few of the differences are:
Insurance
Typically with pedestrian accidents there is only one potential insurance company you can go after. If you are in a car accident, you typically have at least two insurance companies you can go after – yours and the other drivers.
However, there is no insurance coverage for walking around. This means if you get hit while walking, you can only pursue the defendant’s insurance company. This will make matters very difficult if the person who hit you doesn’t have insurance.
Liability standards
Liability in pedestrian accidents are different as well. Typically you, the pedestrian, have right of way more often than not. We will detail in which specific situations later in the article.
The injured pedestrian has to prove three elements to seek recovery in a personal injury lawsuit:
- The driver owed a duty of care to the pedestrian – the pedestrian was not clearly in the wrong
- The driver was negligent – the driver was in the wrong
- The plaintiff’s injuries were due to the driver’s actions – the pedestrian was injured in the accident
Drivers have an obligation to be aware of their surroundings. This includes bicyclists, other cars, and pedestrians. This means the driver has a responsibility to drive safely around others. In order to prove liability, the injured plaintiff has to prove the driver was being irresponsible.
Pedestrian laws
Pedestrian laws vary state by state. Below we have listed a few pedestrian laws in some states.
California
California vehicle code §21950 states the following:
- Marked crossing – the driver will yield to pedestrians who are crossing at any marked crossing
- Unmarked intersection – the driver will yield to pedestrians who are crossing at any unmarked crosswalk at an intersection.
When a driver is approaching someone crossing at a marked crosswalk or unmarked intersection, the driver will either slow down or take any other action that will result in the safety of the crossing person.
Florida
According to the 2019 Florida statutes and constitution, pedestrian laws are the following:
- Marked crossing – while on the roadway the person must yield right of way to the car
- Unmarked intersection – the person must yield right of way to the car when on the roadway
- Signaled intersection – a person cannot cross a signalized intersection without a marked crosswalk
Georgia
The following is allowed under Georgia pedestrian law:
- No law about “Jaywalking” – in Georgia there are no laws referring to jaywalking or illegally crossing the street. It is legal to cross most streets so long as the person yields to traffic
- Traffic light intersections – it is illegal for pedestrians to cross at traffic light intersections that do not have crosswalks
- Unmarked crosswalk – when crossing at an unmarked intersection, the person must yield to oncoming traffic
- Marked crosswalk – when a person is crossing at a marked intersection, the drivers must come to a complete stop and wait until the person has safely crossed the street
New York
Pedestrian law in New York is as follows:
- Intersections and highways – pedestrians are not allowed to cross or walk on intersections and highways
- Unmarked crosswalk – in all unmarked intersections, drivers must yield to pedestrians
- Alleys and backways – when vehicles are exiting a back alley or driveway, they must yield right of way to pedestrians
- Middle of block – when in the middle of the block, if a person is crossing they must yield to drivers
Pennsylvania
The following are the pedestrian laws in Pennsylvania:
- Marked crossing – the driver will yield to pedestrians who are crossing at any marked crossing
- Unmarked intersection – the driver will yield to pedestrians who are crossing at any unmarked crosswalk at an intersection.
Texas
Below we have listed some of the pedestrian laws in Texas:
- Marked crossing – the driver will yield to pedestrians who are crossing at any marked crossing
- Unmarked intersection – the driver will yield to pedestrians who are crossing at any unmarked crosswalk at an intersection.
- Disability – if an individual with a visible disability is cross at any point, all drivers must yield
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Nationwide pedestrian statistics and typical causes
Pedestrian accidents have a higher likelihood of being fatal. This is primarily because there is nothing protecting a person while they walk around. There are several typical causes for pedestrian accidents. Below we have listed them and ways you can avoid being injured.
Statistics
According to the CDC, in 2017 5,977 were in fatal car accidents. This means a person was killed in an accident every 88 minutes.
According to the United States Department of Transportation, that number has been increasing every year since 1990. The number of fatal pedestrian accidents in 2018 was 6,283.
Older individuals (age 65 and above) and children (age 15 and below) have a higher likelihood of fatal injury in a pedestrian accident. 20% of all pedestrian accident deaths are older people. 19% of all pedestrian accident fatalities are below the age of 15.
Common causes
Below we have listed 7 common causes for pedestrian accidents:
- Speeding – driving over the speed limit is one of the main causes of pedestrian accidents. This is because pedestrians may be hard to see, especially at night, making it hard to see and avoid
- Distracted driving – eating, drinking, talking on the phone and texting while driving.
- Drunk driving – intoxicated driving typically causes speeding and lack of visibility
- Failure to stop or yield – cars rolling without stopping completely
- Left-hand turns – driving making a left hand turn without properly checking for pedestrians crossing the street
- Backing up – driving backing up out of driveways or alleys without checking if there is a pedestrian crossing
- Weather conditions – increased weather conditions, such as rain, hail, snow or high heat
Safety precautions
There are a few precautions a pedestrian can do in order to avoid being in an accident.
- Increased visibility – when traveling a night a person can wear reflective clothing that makes them more visible to car drivers
- If you can, walk on the sidewalk – If no sidewalk or path is available, walk on the shoulder, facing traffic
- Avoid impairment – Avoid alcohol and drugs when walking; they impair your judgment and coordination
- Look – look both ways before crossing a street
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Right of way law
While right of way laws vary from state to state, generally a pedestrian has the right of way when they are crossing at an intersection or at a marked crosswalk. All motor vehicles should yield and slow down in order to avoid hitting pedestrians who are crossing.
Right of way must be yielded to other drivers or pedestrians in the following instances:
- At a yield sign – all drivers should slow down and yield at signs
- To pedestrians in a crosswalk – if a pedestrian is at a crosswalk they have right of way
- To persons using a seeing eye guide dog – if a person is walking across the street with a seeing eye dog
- To persons using a white cane – drivers should yield to the visually impaired
- Uncontrolled intersections – vehicles are already in the intersection
- At ‘T’ intersections – you must yield to vehicles on the through road
- Turning left – you must yield to oncoming pedestrians, cars, etc
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Who pays
The one who will pay for your pedestrian accident will be the other person’s insurance company. However, if the other driver does not have enough coverage or is uninsured, you can use your insurance company’s uninsured policy even though you were not driving.
If you live in a no fault state, your personal injury protection insurance will cover you even though you were not driving.
Typically UIM insurance does not have a high limit however, with some policies offering as low as 10,000. Additionally UIM is not required in every state, so it is possible that you do not have UIM at all. Sadly, if you do not have UIM coverage and the other driver is uninsured or underinsured, you will not be properly compensated for your injuries.
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Injury severity and relation to safety equipment vs car
When you are hit by a car while walking around, you are going to get injured much more than you would if you were in a car. These are just a few of the common injuries from being hit by a car include:
- Spinal cord injury
- Traumatic brain injury
- Broken bones
- Fractures
- Permanent scarring
- Organ damage
According to the National Highway Traffic Safety Administration, these injuries are much more common and very fatal in pedestrian accidents. While in car accidents these injures do happen, they do not happen as often. This is because of the new technology in cars that are created to reduce injuries and fatalities.
Some of the new car technology includes:
- Automatic emergency braking – if a car has suddenly stopped in front of you your car will automatically brake.
- Automatic high beams – when in a dark area, your car’s high beams will automatically come on
- Active head restraints – when an accident occurs, the head rest of the car absorbs most of the impact energy to lessen the injury of whiplash
- Airbags – which reduce the speed of the body and help prevent it from slamming into the dash board
- Blind spot warning – if something is in your blind spot, your car will automatically alert you
- Brake assistance – if there is a need for a sudden brake the car will assist
- Forward collision warning – if there seems to be an impending front collision the car will alert the driver
All of the implements to cars mean that when there is an accident, the car takes most of the damage which lessens the likelihood of fatal injury. Without these protections, pedestrians are injured much more than car accident victims on average.
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FAQs
Below we have answered some frequently asked questions about pedestrian accident lawsuit loans and how it can help with your pedestrian accident lawsuit.
What can I use a lawsuit loan for in my pedestrian accident case?
With lawsuit funding from Uplift, you can pay for whatever expenses you have during your lawsuit. There are not restrictions or limits to what you can use the lawsuit funding for. This means you can use the cash advance to pay for :
- Rent/ Mortgage
- College tuition
- Child support
- Car payments
- Utilities
- Groceries
- Any other expenses
Uplift knows that lawsuits take a long time to settle even if liability is clear, and therefore we want to help you make ends meet.
Can a lawsuit cash advance help me get a larger settlement in my pedestrian accident case?
A lawsuit cash advance can help you get a larger settlement. This is because you’ll be able to stay in your lawsuit longer so your attorney can fight to get you a larger settlement.
Typically an insurance company will offer a settlement that is lower than what your case is worth. With legal funding, you will be able to turn down the low settlement without having to stress about making payments.
With the additional time, your attorney will be able to gather all proper documentation. Additionally you will be able to get full medical treatment for your injury, which will increase the value of your case. Having a higher case value increases how much you will receive in your personal injury settlement.
Why choose Uplift for legal funding in your pedestrian accident case?
There are many benefits to choosing Uplift Legal Funding as your company to help you with your personal injury case. A few of those benefits are listed below:
- No win/ No Pay – if you do not win your case you do not have to pay the legal funding back
- No credit check – we grant legal funding based on the quality of your case. We never check credit or employment history
- Non-compounding rates – we offer non-compounding rates. This means we only charge rates on the the original amount of funding you receive. This is in contrast to compounding rates that balloon your cost of interest over time.
- Case managers – our case managers are dedicated and will keep you in the loop about your application progress
- Funding – once approved, we will get you your legal funding within 24 hours
Pre-Approved Pedestrian Lawsuit Funding
Uplift is here to make sure you are taken care of. Most of all, we want to make sure you are able to live your life while waiting for your settlement. We review your case fast and send your lawsuit cash advance faster. While others promise quick low rate car accident loans, few deliver.
We are direct lenders. This results in you getting your lawsuit loan right away. Uplift charges no up-front fees because we believe you deserve all your money. We don’t do any credit checks and we don’t do any background checks because we don’t want to waste your time. Most of all, you pay nothing back if you don’t win your case. Call us and (800) 385-3660 and get your legal funding within 24 hours of approval.
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