It is just as important for pedestrians as for drivers to pay attention to traffic signs. A “Hidden Driveway” or “No Pedestrian Use” sign is of little value when the pedestrian cannot see it. Signs that are covered by overgrown trees and bushes create hazards for pedestrians by depriving them of important warnings.
Trees that cover traffic signs and signals can cause indirect harm to pedestrians. When a driver cannot see a hidden stop sign, the driver might argue that striking a pedestrian was an unavoidable accident.
When an accident occurs because a sign was covered by an overgrown tree or bush, the pedestrian can make a legal claim against the governmental entity responsible for sign maintenance. When a driver blames a hidden sign for colliding with a pedestrian, the pedestrian may need to bring a claim against both the driver and the government.
States generally recognize that the government has a duty to maintain the pedestrian safety signs that it erects. When a legal claim is based on a breach of that duty, the injury victim is usually required to give the government prompt notice of the intent to bring a claim. Failing to comply with a notice of claims statute can extinguish the right to bring the claim.
Go to a Doctor Promptly After a Pedestrian Accident Caused by an Overgrown Tree or Bushes
While there are time limits for filing a lawsuit and a notice of claim, no law sets a time limit for visiting a doctor. Pedestrian accident lawyers nevertheless advise injury victims to see a doctor immediately after the accident.
That advice is based in part on the knowledge that failing to seek medical attention can have unfortunate consequences. Injuries victims who try to live with a back or joint injury often find that the injury becomes more painful over time. While prompt treatment can help soft tissue injuries heal more quickly, ignoring the injury can result in a long-term disability.
Serious injuries that might not be recognized as serious can be fatal if left untreated. Internal bleeding might not become painful until an injury victim is in critical condition. Swelling of the brain might produce no symptoms until a bad headache signals a condition that requires immediate surgery. Prompt diagnosis and treatment can prevent injuries from becoming life threatening.
Settlement Advantages of Seeing a Doctor Promptly After a Pedestrian Accident Caused by an Overgrown Tree or Bushes
Pedestrian accident lawyers, like a pedestrian accident lawyer, have a second reason for recommending that accident victims receive prompt medical treatment. When a pedestrian makes a claim against the government for negligence, the government will assign a claims manager. One duty of a claims manager is to review medical records for evidence that can be used to minimize or deny a claim.
When accident victims delay treatment, claims managers suspect that they are making a fraudulent claim. They believe that people who are injured in a pedestrian accident seek immediate treatment for their injuries. If a victim waits a month to see a doctor, a claims manager will assume that the victim received treatment for a more recent accident, not for the accident that occurred a month earlier.
For the same reason, pedestrian accident attorneys hope that injury victims will follow their doctor’s advice. Too many injury victims decide they are too busy to follow through on recommended treatment. They miss appointments or they stop going to physical therapy, creating a gap in treatment records.
When claims managers see a gap, they assume the injuries healed. When treatment resumes, claims managers argue that the treatment is for a different injury. The best protection against an accusation of insurance fraud is to see a doctor immediately after the accident and to follow the doctor’s treatment plan.
Thank you to the experts at Butler Law Firm for their input into pedestrian accidents and the law.