Pedestrians often make up the largest share of traffic deaths. If you hit a pedestrian with your vehicle, you must contact an experienced lawyer immediately.
You should also follow all the rules of the road and seek medical attention for any injuries you have sustained. This article will discuss what occurs and who is at fault when you hit a pedestrian.
Property damage
If a pedestrian is hit by a car, they may sustain serious injuries, including traumatic brain injuries and concussions, broken bones, skin lacerations, fractured spines, and more. Such damages can have significant financial and non-financial consequences for the injured party. As such, nearly all states require drivers and car owners to carry liability insurance that pays for accident-related losses (known as “damages”), including medical bills, lost income, and pain and suffering.
Typically, the car’s driver that hit a pedestrian is the liable party for the accident. The driver’s PIP insurance provider covers pedestrians, a no-fault insurance state. However, the injured party can also file a claim for damages with the other driver’s liability insurance policy to receive additional compensation. The comparative negligence law determines the percentage of fault assigned to each party. Suppose the insurance company finds that you are wholly or partially at fault for a pedestrian accident. In that case, speaking with the Levin Firm pedestrian accident lawyers about your case is essential.
Lost wages
Hitting a pedestrian can cause many different kinds of injuries, from sprains and fractures to head trauma and spinal cord injuries. It may lead to costly medical expenses and missed income that must be covered. Pedestrians can also experience emotional distress and other non-economic losses that need to be compensated. They can claim to be paid for their losses, including pain and suffering. Health insurance may cover some of the pedestrian’s medical expenses after an accident. However, this can be limited by deductibles and limits on coverage. After an accident, an injured party can find additional insurance options from which to cover their losses and other expenses with the assistance of a personal injury attorney. Following proper post-accident protocol can help preserve evidence, like the location of the crash and vehicle damage. A lawyer can gather other evidence, like security camera footage from nearby buildings, and interview eyewitnesses. Then, a personal injury lawyer can work with the victim to negotiate with an insurance adjuster and fight for fair compensation.
Medical bills
Pedestrians who are hit by cars are often left with severe injuries that require surgery, physical therapy, and other ongoing medical care. Those costs can add up quickly. In addition, pedestrians can also experience financial losses from lost wages if their injuries prevent them from working or limit their earning capacity.
Pedestrians may be compensated for the total cost of their damages by the driver who caused the accident, depending on the severity of their injuries. It will cover non-economic damages. In some states, pedestrians can claim the driver’s no-fault insurance or PIP coverage if they don’t own their vehicle. Alternatively, they can make a bodily injury claim against the driver if their injuries meet the threshold for serious injury. A pedestrian accident lawyer in Long Island can help determine the appropriate amount of damages.
Pain and suffering
Pedestrians have little protection when they are hit by cars. It’s true if they are crossing the street outside a crosswalk or walking on a sidewalk. In addition, pedestrians can suffer severe injuries in parking lots, where vehicles can back into them. If a pedestrian is injured on the road or in a parking lot, they are entitled to damages for their medical expenses, lost income, and emotional distress. To determine these damages, insurance adjusters usually utilize a formula. They add up a claimant’s accident-related medical costs and then multiply that amount by a number between one and five. Anyone involved in a pedestrian-car accident should stay at the scene and get checked out by an emergency medical technician (EMT). Document everything you can. If there are eyewitnesses, interview them.
