In most pedestrian accident cases, compensation is first sought through the driver’s auto insurance coverage. When a person is hit by a vehicle, the consequences are often more severe than in vehicle-on-vehicle collisions. These incidents raise questions about liability, insurance coverage, and the injured party’s right to recover damages. Most people don’t expect to be involved in this type of event, so the legal issues can feel unfamiliar. Attorneys can attest to the importance of understanding how the law protects pedestrians in these situations.
Fault And Liability Under State Laws
Laws vary by state, but drivers generally have a legal duty to watch for pedestrians and yield when required. If a driver fails to stop at a crosswalk or is distracted behind the wheel, they can be held responsible for the injuries they cause. In some cases, fault may be shared if the pedestrian was not crossing at a designated area or was under the influence. However, even partial responsibility does not always prevent a person from receiving compensation, depending on local comparative or contributory fault rules.
Types Of Damages That May Be Recovered
Injury claims may include several types of damages. Medical costs are the most common, covering emergency care, hospital stays, follow-up treatment, and physical therapy. Lost wages may also be available if the injured person is unable to work for a period of time. In more serious cases, future earnings and long-term care needs can be included. Pain and suffering is a non-economic category of damages that reflects the overall impact on the person’s daily life.
How Insurance Plays A Role
In many cases involving pedestrian accidents, the driver’s auto insurance is typically the initial source of potential compensation. If the driver was uninsured or underinsured, the injured party may need to turn to their own coverage. Some health insurance policies and certain homeowner or umbrella policies might also apply depending on the circumstances. Insurance adjusters are trained to limit the company’s liability, so it’s important for injured individuals to document treatment, lost time at work, and how their life has been affected. Consulting with a pedestrian accident lawyer can be helpful when reviewing policy details and preparing a claim.
Evidence That Supports An Injury Claim
Proving liability requires timely and clear evidence. Photos from the scene, witness statements, and video footage from traffic cameras or nearby businesses can be strong support. Medical records showing the nature and extent of the injuries are also essential. In more serious accidents, it may be necessary to bring in accident reconstruction professionals or medical professionals who can explain long-term consequences. The earlier this information is collected, the stronger the claim is likely to be.
Pedestrian Accidents Involving Children Or Elderly Individuals
When the injured person is a child or an elderly adult, additional legal considerations come into play. Children are often presumed to have limited understanding of traffic rules, which can shift more responsibility to the driver. Older adults may experience more serious medical outcomes from even minor collisions. In either case, it’s important to take into account the age, medical condition, and future needs of the person when evaluating compensation.
Time Limits For Filing A Claim
Every state sets a time limit, or statute of limitations, for filing personal injury claims. These deadlines vary, and missing them can prevent the injured person from recovering any damages. While some exceptions exist, such as cases involving minors or government entities, most follow strict timelines. Knowing the applicable deadline early in the process can prevent unnecessary delays or missed opportunities.
Why Legal Representation Can Make A Difference
Pedestrian injury cases often bring together insurance matters, traffic regulations, and legal procedures that may be hard to handle without proper support. While some people attempt to handle claims on their own, they may not realize the full extent of what they’re entitled to receive or how to respond to settlement offers. Having legal support can provide clarity and allow the injured person to focus on recovery. Our friends at Herschensohn Law Firm, PLLC discuss these matters frequently in their work with individuals and families affected by pedestrian injuries.
