According to Smart Growth America, between 2010 and 2019, 53 435 pedestrians were hit and killed by drivers throughout the United States.
Florida fared the worst with a total of 5 893 pedestrian deaths.
Injuries sustained in pedestrian accidents can be severe, especially if there is an element of “speed” involved. However, even if the vehicle is only traveling at a speed of 10 miles per hour, the injuries sustained by a pedestrian can be severe. These injuries can be life-changing and result in substantial medical expenses and long term complications.
Although monetary compensation can not completely undo the damage done, an award can go some way to placing you back in the position you were in before the accident by assisting you to cover the financial fallout from the accident.
Personal injury law may provide you with the opportunity to recover your losses.
Let’s dig a little deeper.
The Question Of Fault
To claim under personal injury law, you need to prove fault on the other party.
The fault must be alleged and proven regardless of whether you were the pedestrian or the driver.
There is a common belief in pedestrian accidents that it is always the driver’s fault. However, this is not the case, and it is quite conceivable that fault could be solely the drivers, the pedestrians or a combination of both. Every case is different and is decided by the circumstances.
If you suffer injury as a pedestrian, you are well-advised to go and see an experienced locally based pedestrian accident law firm with experience and a proven track record.
Your attorney will be able to advise on the probable apportionment of fault in your particular case.
How Does Insurance Coverage Work in Pedestrian Accidents?
An injured pedestrian might be covered under their workmen’s compensation insurance if they were injured whilst working. Otherwise, they are typically covered under their health and disability insurance policy.
An injured pedestrian can claim against the driver’s auto liability insurance. By law, all drivers must have auto liability insurance to cover personal injuries to third parties, including pedestrians.
If you have insurance in Florida, you automatically have Personal Injury Protection (PIP), irrespective of who is at fault. This is because Florida is a “no-fault” state.
In no-fault states, insurance companies are obligated to pay for the medical expenses of their clients irrespective of the consideration of fault.
Is It Necessary To Appoint A Lawyer?
State laws differ widely on this issue, especially relating to car insurance schemes. Different schemes have different limits and exclusionary clauses.
It is crucial to appoint a locally based attorney who has a good understanding of the local laws.
In any personal injury claim, it is vital to appoint a lawyer to handle all aspects of the case, including dealing with all insurance company communications.
Don’t worry about legal fees -personal injury lawyers typically work on a “contingency basis”.
To Sum Up
Injuries to pedestrians are often severe and life-changing. You deserve to be fully compensated, and the best way to do that is to consult with an attorney to assess your case.
Since initial consultations are free and there is the possibility of a contingency work arrangement, you can only benefit by having your case assessed before deciding how to proceed.