Pedestrain Accidents

When a vehicle hits a pedestrian at higher speeds, it’s no surprise that serious injuries and fatalities can result. But a driver can seriously injure a pedestrian while driving at just 10 miles per hour.

What to Do Immediately After the Accident

Get medical and legal help.

Contact medical care providers, police, and auto insurance providers. When the police arrive, give truthful statements to them about how the accident took place.

Exchange contact information, but not much more.

Exchange information with everyone involved in the accident including names, phone numbers, email addresses, and insurance information.

Who Is at Fault?

When a driver hits a pedestrian, often the biggest question is: Whose fault was it? Generally, fault is determined by the law of negligence. In oversimplified terms, a person who fails to exercise reasonable care under the circumstances may be considered “negligent.”

The police will take statements from the driver, pedestrian, and witnesses to determine who was at fault. They may make a preliminary finding on the spot or conduct a detailed investigation.

The police report from the accident could indicate which party the law enforcement officer saw as being at fault. Auto insurance companies, however, may dispute any such finding. Insurance companies typically send an adjuster to the scene of the accident, or view the damage to persons and property soon after the accident has occurred. If you believe that your insurance company will unfairly assign you a greater percentage of fault, consider retaining a personal injury attorney who will fight for you.

Insurance Coverage for Pedestrian Accidents

Injured pedestrians are usually covered under their health and disability insurance policies, or worker’s compensation coverage, if the accident occurs on the job. They may also be covered under one or more auto insurance policies.

Payment Under Auto Liability Insurance

An injured pedestrian can usually file a claim against the driver’s or vehicle owner’s auto liability insurance policy. Recoveries are dependent on who caused the accident and insurance policy details.

Seek a Lawyer's Advice

State laws vary widely when it comes to car insurance schemes, and each scheme has limitations and exclusions. In addition, recovery may depend on the particular insurance policies involved, as well as judicial decisions in that state. In order to sort this all out, injured pedestrians may want to seek advice from a professional, such as the pedestrian’s own insurer or a personal injury attorney. Pedestrians might want to ask an attorney which auto insurer they should approach first, and from which insurer they might be able to receive additional coverage.

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