Some of the most catastrophic car accidents involve a collision with a vehicle and a pedestrian. Since a pedestrian has virtually no protection against such a tragic collision, there are likely severe and even fatal injuries to occur. In such, the legal claims and compensation can also become steeper and more significant compared to an auto accident between two vehicles. Here are some frequently asked questions about pedestrian accidents and what you should do if you or a loved one fall victim to such a devastating injury:
Why is an attorney important after a pedestrian accident?
With pedestrian accidents, there is a lot at stake in terms of insurance payouts due to the likelihood of serious injuries. A personal injury attorney can be invaluable in helping to properly defend you against the driver’s insurance company and the potential for denied claims.
Is a pedestrian accident considered under the law of personal injury?
Yes, just as if you were a victim in any other type of accident, you have rights to file a claim against the driver of the vehicle if you were hit by a car. Motorists have a responsibility to maintain a “duty of care” to others while they are driving on the road. Therefore, a motorist who hit a pedestrian has breached that duty and can be considered negligent and liable for your injuries.
What types of compensation may be awarded in a pedestrian accident?
Depending on the situation and what can be proven by a skilled lawyer in terms of negligence, reckless behavior, texting or even drunk driving, clients may receive compensation for the following damages and/or losses:
- Medical bills and future medical expenses
- Lost wages (for time away from work while recovering from your injuries)
- Physical pain and suffering
- Modifications to your home or vehicle (if you are permanently disabled)
- Emotional distress
Is the victim obligated to speak with the driver’s insurance company?
If you or a loved one were hit by a car, you are under no obligation to talk to the driver’s insurance company. In fact, you are strongly advised against it. It is recommended, however, that you speak to your personal insurance attorney as soon as possible and inform them which insurance company is representing the driver. Future communications can and should be handled between the insurance company and your attorney. Keep in mind that many insurance companies will try to contact you and offer you a settlement right away, but this releases your rights to pursue other damages if you decide to accept the offer.
At Darrell T. Farr, we understand the intricate legal process surrounding pedestrian accidents. You can trust Attorney Farr to answer your questions about your personal injury case and fight for your rights at every step.