What Damages Are Recoverable In A Pedestrian Accident Case?

The damages that are recoverable in a pedestrian accident case are the same as those that are recoverable when an accident occurs between two motor vehicles or between a bicycle and a motor vehicle. These damages include pain and suffering, lost wages, and any out-of-pocket expenses related to the accident.

Can An Injured Pedestrian Pursue A Lawsuit Against People Or Entities Other Than The Motorist?

The person who is first and foremost responsible is the driver of the motor vehicle. If the driver is not the owner of the vehicle, then the pedestrian would also have to include the owner. Oftentimes, insurance companies will accept liability or provide coverage, in which case the owner could be let out of the case. If there were special circumstances such as brake failure or something of that nature, then the manufacturer of the vehicle may need to be sued. If there is not sufficient coverage or no coverage at all and a case cannot be settled with the pedestrian’s insurance company, then the pedestrian’s insurance company may need to be sued for underinsured or uninsured motorist coverage.

How Soon After I’m Injured In A Pedestrian Accident Must I File A Lawsuit?

The statute of limitations for a pedestrian accident is three years from the date of the accident. This means that a pedestrian would be barred from suing once three years have passed since the date of the accident, unless there are special circumstances that tolled the three year statute.

What Rights Do The Survivors Of Pedestrians Killed In Fatal Pedestrian Accidents Have?

The survivors of a pedestrian who was killed in a pedestrian accident can file a claim against the driver and/or owner of the vehicle for wrongful death. If there is no liability issue, then the owner’s insurance company would accept liability. These types of cases settle at a high rate, because arguments of overtreatment cannot be discussed when the injury is death. When a person dies, the severity of the injuries becomes irrelevant, because death is the most severe consequence there is. Depending on the age of the person and whether or not they have any sort of disability, wrongful death cases settle at a higher rate. Statutory injury caps/limits also assist in settlements. Monetary compensation would come from a claim against the driver’s insurance company, uninsured motorists claim, or underinsured motorist coverage.

How Are Pedestrian Accident Claims Different From Other Types Of Personal Injury Claims?

Pedestrian accident claims work in essentially the same way as other types of personal injury claims, although the personal injury protection (PIP/no fault coverage) aspect can differ. For example, when two cars are involved in an accident, the injured party would receive PIP from their insurance carrier, but in pedestrian claims, PIP comes from the driver’s insurance carrier. The injuries in pedestrian accidents are usually more severe due to the fact that pedestrians are on foot and therefore have less protection to lessen the blow of the impact.

What Should I Bring To A Meeting With My Lawyer For A Pedestrian Accident Claim?

A prospective client should bring witness contact information, a copy of the police incident report, all treatment information, information in regards to lost wages, and any receipts or proof of out-of-pocket expenses to their meeting with a lawyer. Many of these items can be obtained at a later point in time, but having witness information is crucial in the beginning. Witnesses may change address and phone numbers making it difficult to contact them without hiring an investigator. We try to reach out to the witnesses as soon as possible, because insurance companies will factor witness statements when making determinations regarding liability; especially when liability is highly disputed.

For more information on Damages In A Pedestrian Accident Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (800) 400-2350 today.