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Compared to drivers, pedestrians don’t have much protection in car crashes. They often suffer serious injuries that can create significant emotional and financial hardships.
Pedestrians who get hit by cars can make claims against the driver and even government agencies responsible for planning or maintaining the road.
File an Insurance Claim
Pedestrians who get hit by cars experience both financial losses and non-economic damages. They may have medical bills, lost wages if their injuries prevent them from working, and pain and suffering. These losses can add up quickly, and victims must be compensated.
Typically, pedestrians claim insurance against the driver who struck them and potentially the city or state government responsible for planning and maintaining the road where the accident occurred. However, suing a government entity is more complicated than suing an individual due to sovereign immunity rules.
The majority of states have legislation mandating that drivers maintain liability insurance. Depending on the jurisdiction, this insurance may pay for a pedestrian’s medical expenses and other accident-related damages regardless of who caused the collision. Therefore, if you are in an accident or are struck by a car, it is customary to learn more about your legal options. However, a comparative negligence rule is also used in some states, which may affect the amount of the pedestrian’s loss reimbursed by their driver’s insurance policy.
Contact the Police
In most cases, the first step that should be taken after being hit by a car is to call the police. The police can document the accident and write up a report. It can be essential, especially since it will allow you to remember what happened before and after being hit by a vehicle.
Even if you appear uninjured at the accident scene, you should still go to the hospital for a thorough evaluation. That is because symptoms of pain can often manifest themselves hours or even days after the accident. Additionally, endorphins and adrenaline can cover up the presence of injuries.
It is essential to remember that pedestrians have a duty of care in addition to drivers’ obligation to yield to them. Therefore, it is common for both parties to share some fault in pedestrian accidents. Under comparative negligence laws, injured victims may be able to tap into their auto insurance policies for compensation.
File a Lawsuit
Each year, thousands of people are injured by vehicles while walking, running, jogging, or hanging out near roadways. These accidents are typically life-altering and leave victims with severe injuries and towering medical bills. Fortunately, victims can seek compensation by filing an insurance claim or a lawsuit. Most motorists and car owners must carry liability insurance coverage for accident-related losses, including those related to a pedestrian-car collision. Additionally, many people have PIP (personal injury protection) coverage as part of their auto policy that can cover some accident-related costs.
When a vehicle driver is liable for a pedestrian-car crash, they are responsible for paying the victim’s medical and therapy expenses, out-of-pocket costs, and lost wages. Pedestrians may sometimes be partially liable for accidents, such as when they jaywalk or act negligently. In such cases, they may share the blame with a government entity, like the city or their employer (if on-duty delivery drivers or ride-share drivers were to blame). Occasionally, a vehicle manufacturer might also be liable in certain circumstances.
Hire an Attorney
While it’s meant to be safe to stroll along the street or cross at a crosswalk, things can go wrong if a car disregards the rules and hits you. Unlike occupants of vehicles who have layers of metal and fiberglass, seatbelts, and airbags, pedestrians suffer a variety of injuries in such accidents, including skeletal, soft tissue, and internal organ injuries.
Pedestrians often require medical treatment that can be expensive. In addition, they may experience financial difficulties that impact their lives for years to come. They must not only settle for an amount of what their claims are worth.
Hiring an attorney is essential to pursuing a fair outcome in these cases. They can speak with insurance companies on their behalf and defend their customers’ interests. Pedestrians can seek references from friends and family or online reviews to find an attorney with a track record of successful outcomes in these cases.
Also Read: Follow these 5 tips to choose a health insurance plan for your family
