Truth be said, many accidents that happen on the roads hitting and injuring pedestrians are not compensated for. Sadly, some are hit and run, leading to fatalities with no claims to be filed. Sometimes accidents involving pedestrians happen unknowingly; the driver tries to swerve another vehicle and ends up hitting someone. There are certain steps a pedestrian hit by a car should take to ensure full compensation. The major causes of accidents involving pedestrians are speeding, careless driving, distracted driving, texting while driving, driving while intoxicated, and disobeying traffic signs.
It is crucial to note that the pedestrian’s type and amount of compensation vary with certain factors. The factors include; insurance of both parties, the contribution of the pedestrians to the accident, and the extent of the pedestrian injuries. Some of the insurance covers things that pedestrians who have been involved in an accident can claim to include;
Workers compensation
Company workers can sometimes double up as pedestrians may be in their activities like road construction. A workers’ compensation policy ensures that all workers get fully compensated if they are hit while walking or working at the job site.
Drivers insurance
Most countries have regulated laws that all licensed drivers have an insurance policy. Insurance companies offer different covers for their drivers. Pedestrians might get full compensation if the driver was fully insured, such as comprehensive cover.
Underinsured and uninsured coverage
Most people fail to utilize this policy they pay for in their auto insurance policy. For instance, if the driver is at fault or the defendant has no insurance or minimum insurance cover, the pedestrian can use the underinsured coverage to settle medical bills. Unfortunately, in some cases, both the driver and the pedestrian are uninsured, meaning that there will be no compensation.
Medical insurance
In some instances, the pedestrian may get treated for injuries using the medical policy. The medical policy will help save the pedestrian lots of money if the driver doesn’t have insurance. Alternatively, the medical insurance company can ask for reimbursement from the driver’s auto insurance company.
It is improper to assume that drivers are always at fault during an accident. Sometimes it is the pedestrian’s fault that led to the accident. The driver can decide to make a claim on the pedestrian if the pedestrian contributed to the accident. One of the scenarios where a driver can successfully file a lawsuit against the pedestrian is if the latter did not follow traffic lights. However, the damage to the pedestrian may limit the driver’s compensation. Other scenarios that may warrant the pedestrian being held at fault include;
- Darting into the street without checking for oncoming cars
- Crossing the street in undesignated areas
- Crossing the road while intoxicated
- Walking on roads and highways where pedestrians are prohibited
The pedestrian can hire a pedestrian accident lawyer to handle the lawsuit while in recovery. Some of the damages the negligent pedestrian may be facing from the lawsuit include;
- Physical suffering
- Property damage
- Lost wages and benefits
- Mental or emotional distress
- Medical expenses
A claim either by the driver or pedestrian is measured by comparative negligence, the extent of injuries, occurrence of the accident, and persons involved in the accident. Through eyewitness statements, expert testimony, and video footage, one is sure of a solid case. Some accident lawyers go as far as reconstructing the scene to ensure their client wins the case. Many people still suffer from injuries that happen due to the negligence of other parties. The government, too, can be held responsible for pedestrians’ injuries if they construct roads without the right signs in place. With a good accident lawyer, you stand a chance of getting, if not full, partial compensation.