Pedestrian accidents can happen to anyone, and like any accident, no one is prepared for them. According to the National Highway Traffic Safety Association, in 2012, there were around 76,000 pedestrians who were hit by vehicles and suffered injuries. Injuries from pedestrian accidents are seldom minor and often cause long-term disabilities or require extensive treatment.
When a pedestrian accident occurs, determining who was at fault is essential in determining who will be responsible for the damages, both medical and otherwise. In most instances, pedestrians are not at fault, but that is not always the case. For instance, ignoring the signal to “not walk” at an intersection, darting into traffic, not using marked crosswalks or disrupting the flow of traffic might be considered the fault of the pedestrian if he or she is struck by a car or another vehicle.
The driver of a vehicle that hits a pedestrian may be at fault if he or she is driving distracted, speeding, ignoring traffic signals or signs, driving under the influence, or just plain failing to yield the right of way. If a vehicle driver is at fault, his or her insurance company should be responsible for paying for medical expenses acquired by the victim. However, even if the vehicle driver is not directly responsible for coverage of the pedestrian’s expenses, there may be other insurance coverage that will pay. Some auto insurance policies cover the insured even as a pedestrian. This is not always the case, but something that should be explored.
If you have been involved in an accident as a pedestrian and have suffered injuries, Fahrendorf, Viloria, Oliphant & Oster L.L.C. can help you with financial recovery — while you focus on recovering from your injuries. We can investigate the different options available to you, and negotiate on your behalf.
Contact us today to get started with a free case evaluation.