What Happens to Pedestrians in Car Accident Cases

Car accident attorney

Auto accident lawyers deal with plenty of cases involving car-on-car accidents, but what happens when a car hits a pedestrian? And what will an auto accident lawyer do to get a pedestrian a settlement if they’re hit by a car while walking?

Contrary to popular belief, the driver isn’t automatically at fault when a pedestrian is hit. They’re at fault in most cases, but not all. Laws require drivers to yield to pedestrians in crosswalks and other situations, but if an individual is jaywalking or crossing dangerously, they may be at fault more than the driver. Car accident lawyers can sift through the complex laws surrounding fault and find the best way to proceed with a pedestrian’s case.

If the pedestrian is injured from the accident and the driver is found at fault, the pedestrian and their auto accident attorney can then pursue an injury claim to get reimbursement from the driver’s insurance carrier. Their insurer may have to provide compensation for losses like medical bills and pain and suffering. If the insurer and the injured party can’t agree on a settlement, a car accident attorney may have to file a personal injury case.

An auto accident lawyer’s job becomes more complicated if the driver didn’t stop at the scene. When the driver does stop and insurance information is exchanged right after the accident, pursuing compensation through insurance then through personal injury litigation, if necessary.

In hit and run accidents where the driver didn’t stop, a pedestrian and their personal injury lawyer are left with fewer options. Pedestrians should report the accident to the police and get statements and contact information from any witnesses to the accident. Once police are provided with all the information possible, the pedestrian will likely have to use their own health insurance to pay for medical treatment.

However, if the driver is identified later by the pedestrian or the police, a lawyer can help the pedestrian determine how to proceed with a case.

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