Challenges of Pedestrian Car Crash Insurance Claims
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August 20, 2021
Pedestrians need to be very careful when crossing the street or walking close to traffic. A collision with a car could cause devastating or even fatal injuries.
Pedestrian crash victims and their loved ones should strongly consider seeking experienced legal representation, as these claims could be complicated. The insurance company for the at-fault driver may deny their policyholder’s liability.
Victims may be partially at fault, but the insurance company may say they are entirely at fault, particularly if the crash happened at night. They may argue the driver could not see the pedestrian or that the pedestrian darted out into the intersection.
Below, learn more about the challenges of seeking compensation for pedestrian accident victims.
Filing a Pedestrian Accident Claim
While every situation is different, drivers are usually held responsible for crashes with pedestrians, particularly if the pedestrian was in a crosswalk or the driver was speeding or distracted when the crash occurred.
If the driver is to blame, pedestrian crash victims can file a claim with the driver’s liability insurance to seek compensation for medical expenses and other damages. Even if you are partially to blame, you can file a claim against the driver’s liability insurance. The value of your settlement is likely to be reduced according to your percentage of fault for the crash.
What if the Driver Flees the Scene?
This often happens after a pedestrian crash at night. The driver may think the pedestrian is unlikely to see the license plate before he or she speeds out of view. Drivers may also flee if they see the pedestrian is seriously injured ”“ they may not want to be held financially responsible or face a lawsuit if the victim has a permanent injury or dies from his or her injuries.
Sometimes the police can locate the driver and the car involved in the collision. If they locate the driver and he or she has insurance, you can file a claim against that policy.
However, if the police cannot locate the driver or he or she does not have insurance, you may be unsure of your options. Fortunately, if you have car insurance with uninsured motorist coverage, you can use it to cover your damages, up to the limits of your policy.
Why You Need a Lawyer After a Pedestrian Accident
The burden of proof is on the victim in a pedestrian accident claim. That means it is up to you to provide evidence the driver is to blame for your injuries. This may seem like an easy task, but you do not want to take for granted that the insurance company will agree with you. Even though you or your loved one are seriously injured, the insurance company will be looking for some way to deny liability or minimize the value of your claim.
Pedestrian crash victims may not be able to collect evidence after the crash, as they may have been knocked unconscious or so severely injured that they cannot move much. In many cases, victims are taken away from the scene in an ambulance and may not remember much about the crash because it happened so quickly.
That means victims cannot look around for witnesses and talk to them about what happened. They cannot take pictures or look for cameras that may have caught the crash. Victims may not be able to talk to the police at the scene and they could forget some of what happened.
Considering these factors, you need an experienced Phoenix vehicle accident attorney to investigate the situation to assess fault and build a strong case. You do not want to be trying to gather evidence, communicate with the insurance company and negotiate for compensation on your own.
It is important to contact a lawyer as soon as possible to determine if you may have a case. If a lawyer validates your claim and you hire him or her, he or she can get to work right away building a strong case. Phillips Law Group is committed to pursuing compensation as quickly as possible, as we know how devastating pedestrian crashes can be and how important compensation is as victims continue their medical treatment.
Right of Way in a Pedestrian Crash
One of the most important factors in a pedestrian crash claim is the right of way. If the pedestrian had the right of way, the driver is likely going to be found at fault. Even if a driver had the right of way, he or she could be held at least partially at fault for engaging in some form of reckless driving, like speeding or distracted driving.
Pedestrians who are in crosswalks when the crosswalk sign tells them to walk have the right of way. Drivers who are attempting to make a right turn need to watch out for pedestrians in the crosswalk. Accidents often happen because drivers are not paying attention.
Under Arizona statute, drivers are required to exercise due care to avoid a collision with a pedestrian. They should use their horn when necessary and take proper precaution when they see a confused or incapacitated person on the road.
When there is no sidewalk, pedestrians have the right to walk on the left side of a roadway or the shoulder facing traffic that may approach from the opposite direction. If a pedestrian gets hit in this situation, the driver may still be at fault. However, the insurance company may claim the pedestrian was being reckless and should be held partially liable. This is a situation where victims could greatly benefit from experienced legal help.
Call Phillips Law Group Today to Discuss Your Claim
The last thing you need after suffering a catastrophic injury in a pedestrian vs. car crash is to have to deal with the legal system. The process can seem overwhelming, and victims often struggle to secure fair compensation on their own.
The attorneys at Phillips Law Group understand and we are here to help. We have been securing compensation for auto accident victims for nearly 30 years.
Schedule a free consultation. There are no upfront fees for our services and our attorneys do not get paid unless you get paid.
Call Phillips Law Group for assistance. 1-800-706-3000
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