Pedestrian accidents can be devastating, leaving victims with severe physical and psychological injuries. Unfortunately, these accidents are too familiar; therefore, understanding what to do in such a circumstance is essential. This article will discuss how to claim compensation after a pedestrian accident and the importance of liability coverage; learn more today!
What are Pedestrian Accidents?
Pedestrian accidents occur when a person is hit by a car while walking. Several factors, including driver negligence, poor road conditions, or pedestrian error, can cause these accidents. In most cases, the vehicle’s driver will be liable for the accident. However, there are some instances where the pedestrian may be at fault.
If you are hurt in a collision involving a pedestrian, you should take the following actions:
- Get medical attention if you are injured.
- Call the police and file a report.
- Assemble evidence at the accident site. This might entail documenting the clothing damage with photos or obtaining the contact information of any witnesses.
- Contact an experienced personal injury attorney to help you recover compensation for your injuries.
Who is Liable in a Pedestrian Accident?
If a car strikes you while you’re on foot, the driver may be liable for your injuries. However, there are other potential sources of liability in a pedestrian accident. For example, if the driver was working at the time of the accident, their employer may be liable under vicarious liability.
If the accident occurred due to a defective product, such as a defective sidewalk, the manufacturer or seller of that product may be held liable under the doctrine of strict liability. Additionally, if the driver was intoxicated at the time of the accident, they may be subject to criminal charges and civil liability for any injuries caused.
How to Claim Compensation After a Pedestrian Accident?
You might need help filing a claim for compensation if you were hurt in a pedestrian accident. Depending on the accident’s circumstances, you can receive payment in a few different ways.
First, if a driver caused the accident, you might be eligible to file a claim for personal injury compensation from your insurance provider. If the driver was at fault for the accident, their insurance should cover your medical expenses and any other damages you incurred due to the accident.
Secondly, suppose the accident was caused by a defective product or dangerous condition on someone else’s property. In that case, you can file a premises liability claim against the property owner. For example, if you were hit by a car while walking on a sidewalk in poor repair, you could file a lawsuit against the city or property owner for failing to maintain safe conditions.
Finally, if the accident was caused by someone else’s negligence (carelessness), you may be able to file what is known as a third-party liability claim. This type of claim can be filed against anyone whose negligence contributed to the accident, even if they were not directly responsible. For example, if an intoxicated driver hits you while crossing the street, you could file a third-party liability claim against the bar serving them alcohol.
Types of Liability Coverage for Pedestrian Accidents
Three main types of liability coverage may be available to you after a pedestrian accident: bodily injury liability, property damage liability, and personal injury protection.
Bodily injury liability covers the medical expenses and other damages incurred by the pedestrian due to the accident. Property damage liability covers the damage to the pedestrian’s property, such as their clothing or personal belongings. Personal injury protection provides coverage for the pedestrian’s lost wages and other out-of-pocket expenses related to the accident.
The amount of coverage and the availability of each type of coverage will vary depending on your insurance policy. It is essential to read your policy carefully and consult with your insurance agent to determine what coverage is available to you.
Tips on Gathering Evidence and Documenting Your Claim
If you were walking when a car struck you, you might wonder how to claim compensation. The first step is to gather evidence and document your claim. Here are some pointers for action:
1. Get the driver’s insurance information. This should be easy if the driver stopped after the accident. If not, try to get their license plate number and contact the police.
2. Take photos of the scene of the accident, including any damage to property or injuries sustained.
3. Witness statements can be significant, so try to get contact information from anyone who saw the accident.
4. Keep track of any medical treatment you receive and save any bills or receipts related to the accident. This will be important for proving your damages later on.
5. Be sure to keep good records of everything related to the accident, including dates, times, and names of people involved. This will help build your case and make it more likely that you’ll recover compensation for your injuries.
When to Seek Legal Help After a Pedestrian Accident
If you have been involved in a pedestrian accident, it is essential to know when to seek legal help. Many factors can contribute to liability in a pedestrian accident, and an experienced attorney can help you sort through the evidence and build a strong case.
In general, you should seek legal help after a pedestrian accident if:
-You have suffered significant injuries that will require extensive medical treatment
-The accident was caused by another person’s negligence or recklessness
-The other driver does not have insurance or sufficient insurance coverage to pay for your damages.
We hope this guide has shed some light on pedestrian accident liability and the process of claiming compensation. Remember that knowledge is power – stay safe and always be aware of your surroundings! No one should have to suffer from a pedestrian accident, especially when it could have been avoided with proper care and attention. If this incident affects you or someone you know, contact your insurance provider as soon as possible to begin the claims process.