If you’re in a pedestrian accident, one or more of the following may be responsible.
Filing an insurance claim for pedestrian accident injuries
When you've been hurt in a pedestrian accident, the first step towards acquiring compensation for your injuries is to determine who may be responsible (liable) for your damages. In most cases, the insurance of the person at fault for the accident pays for your damages.
If you're in a pedestrian accident, one or more of the following may be responsible:
- the drivers of all cars involved, whether or not they actually hit you
- the owners of all vehicles involved if the owners are different from the drivers
- the employer of a driver if the driver was on company business during the time of the accident
- any person who contributed to the accident
- your own auto and health care insurers
Motorists and car owners
When you're hit by a vehicle, the driver of the car that hit you is typically (though not always) responsible for the accident. Nearly all states require motorists and car owners to carry a minimum amount of insurance in order to lawfully drive and register vehicles.
A motorist that hits an individual, car, or stationary object while violating a traffic law is negligent and liable for accident-related losses. You'll file a claim with the motorist's insurer (and the car owner's if the owner is different from the driver).
You might receive a settlement offer from an insurance adjuster right away or you might need to negotiate to get full compensation. If the insurance company lowballs you or rejects your claim, you may have to file a personal injury lawsuit (see below).
Your own insurance
You can always use your own health insurance to pay for treatment for your pedestrian accident injuries. However, if you rely on your health insurance to pay your medical bills and afterwards you obtain a settlement from the at-fault party's insurance company, you may need to repay your health insurance provider for the expenses it covered.
You may also have the choice of paying your medical bills with your own car insurance coverage, like medical payments coverage (MedPay) or personal injury protection (PIP).
If in the worst-case scenario, the driver (or another at-fault party) leaves the scene or does not have insurance, you can file an underinsured or uninsured motorist coverage (UIM) claim if you've purchased UIM coverage.
Filing a pedestrian accident lawsuit
If you're not able to obtain reasonable compensation in your pedestrian accident case for whatever reason, it may be time to file a civil lawsuit. Here are a few things to keep in mind if you wind up in court.
Time limits
Each state places a limit on the amount of time you have to file a personal injury lawsuit, called the "statute of limitations." A handful of states have really short limits– just one year from the day of the accident to file a claim. Injury claims against the government are also very time-sensitive.
Kinds of damages
No two pedestrian accident cases are the same, which is why it isn't possible– or helpful– to try to predict how much a pedestrian accident case is worth or look at "average" settlements or payouts. But pedestrians generally ask for compensation for accident-related losses like:
- medical costs (past and future)
- lost income (past and future)
- pain and suffering (mental and physical)
If a pedestrian dies as the result of an accident, the survivors can file a wrongful death claim and get compensation for things like funeral and burial expenses and the loss of care, support, and nurturing the deceased would have given.
Speak to a pedestrian accident attorney
If you've been hit by a car, talk to the best pedestrian accident lawyer. A lawyer can answer your questions and provide you objective advice about your situation. A lawyer can also bear the burden of dealing with insurance companies and advocate in court for you.
