Did you know that one in three individuals who get hit by a car going 25 mph are critically harmed, and one in ten people who get hit by a car going 35 mph die? In 2024, cars killed 7,148 pedestrians in the US.
If you’re walking and are hit by a car, it could be quite scary and bad. After an accident, one of the most important things to think about is who will pay for the medical expenses, lost earnings, and other costs that come up. It depends on who was at fault, what kind of insurance is involved, and what happened in the accident.
According to pedestrian accident lawyer Lawrence Falzon, an experienced attorney can help you get your medical bills and lost wages paid through no-fault insurance. These lawyers work on a no-win, no-fee ’basis. This means you pay them with the money you receive from your injury case.
Are you wondering how payments are handled after a pedestrian accident? Let’s find out!
Table of Contents
Understanding Liability in Pedestrian Accidents
When a pedestrian is involved, liability considerations must be examined to see who will pay for the losses. The negligent party whose failure to act carefully has caused the accident will be deemed liable. The distracted driver, for instance, could be held liable for skimming through the red light.
Your action also matters. Did you cross in front of traffic against the signal? That could play a role in determining liability, too. Different states have different rules concerning comparative or contributory negligence when sharing damages.
Evidence, such as witness accounts and photos, is important. Providing more details could explain liability and strengthen a claim. Knowing all this data will help you get recompense following the incident.
Insurance Coverage and Its Role
Understanding how insurance coverage is actually applied will help you determine damage payments. You might need to use your car insurance to pay for the patient’s hospital bills, lost wages, or damaged property.
In the case where the other driver has no, or inadequate, insurance, you might have to use your insurance, personal injury protection (PIP), or uninsured motorist coverage.
Your health insurance might also pay for your medical care. It will help to learn the terms and details of your insurance.
If you have insurance for all probable accident outcomes, it will be easier to deal with what happens later.
Factors That Affect Financial Responsibility
Several factors can weigh heavily on the accountability of the financial parties involved once a pedestrian accident has taken place.
The circumstances surrounding the accident matter. If the driver is speeding or distracted, they are likely to bear more responsibility.
State laws are a primary factor in terms of liability. In other states, the doctrine of comparative negligence is followed. Comparative negligence simply means that blame can be shared among those involved in the incident.
If you jaywalked or otherwise weren’t paying attention, your conduct as a pedestrian may be held against you. It could reduce some of the driver’s liability.
The limits of the insurance policy can affect the amount of payout.
Steps to Take After a Pedestrian Accident
After sustaining injuries caused by a pedestrian, you should promptly prioritize your life and rights.
Check yourself for any injuries. Inspect others and see if they have sustained serious wounds that require hospital treatment. If you can stand or walk, get to a safe place away from the traffic. Call 911 to report the accident and get medical help.
Getting the driver’s name, address, phone number, and insurance information will be helpful.
Photographs are to be taken of the scene, yourself, your injury, and the damages. Interview witnesses to get their contact information, just in case you might need to contact them later.
Never admit fault or discuss the accident with anyone present. Preserve any documentation concerning the incident and keep valuable evidence, such as treatment, bills, etc., in a safe place. These records will be very useful if you decide to proceed further.
Seeking Legal Assistance and Compensation
Choosing which aspect of the law to pursue after an accident will help you understand the potential consequences.
A personal injury lawyer is there to assist with the complexities involved in your case. The lawyer will look at your situation, collect evidence, and try to figure out who is responsible for your damage. If you want to get money for your medical bills, missed wages, and pain and suffering, you must sue for damages.
During your meeting with the lawyer, don’t be afraid to ask questions so that you understand everything. A competent lawyer will fight for you with the insurance company and take you to court if necessary.
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