One of the best ways to add fitness into your life is by walking and more people than ever are using walks in an effort to life a healthier lifestyle. What happens, however, when you are struck by a car while you are walking. Injuries suffered by pedestrians are often more serious than those suffered when two vehicles collide. It is important to understand what rights you have after being injured as a pedestrian.
Determining Fault
When you are hit by a car while walking, you may immediately think that the person driving the car is at fault. In most states, pedestrians do have the right-of-way. However, there are situations when a pedestrian may be at fault for their own injuries. Vehicles must yield to pedestrians who are in marked crosswalks or in other locations where the state’s vehicle code gives walkers the right-of-way. In addition, motor vehicles must travel the posted speed limit, but when pedestrians are present, it is recommended they drive at even slower speeds. If a vehicle is traveling at an unsafe speed or strikes you while you are in a marked crosswalk, it is more than likely the vehicle driver will be found at fault.
Third Party Claim
Another factor that may determine whether you are compensated is whether or not you sustained an injury. If you are struck by a vehicle while walking and suffer no injury, there is no compensation necessary. However, if you did suffer an injury and it is determined that the driver was at fault, you may be able to pursue what is known as a third party claim. This means that you will file a claim against the driver’s automobile insurance policy. This is the first step in receiving compensation and you should be able to have medical bills and lost income covered through this claim. In most cases, the insurance company will offer a settlement that may include pain and suffering for your injuries. If the settlement is not enough, you may need to file a civil lawsuit in order to recover your damages as well as compensation for the pain and suffering caused by your injury.
Hit and Run
If you are hit by a car while walking, the driver is required to stop and exchange relevant information such as insurance, vehicle registration and identification. When they do not stop, the driver may be guilty of hit-and-run. If this should happen, it is important to file a police report immediately and obtain contact information from any witnesses who saw the accident. Your personal health insurance should cover your medical bills until the driver can be identified.
If you or a loved one has been injured after being struck by a car while walking, contact Lundy Law today to learn what rights you may have. Hiring an attorney does not mean you intend to sue the driver of the vehicle. An attorney will work with the insurance company and driver to make sure you get the compensation you are entitled to. Arrange for your initial consultation today by calling 1-800-Lundy Law or completing the form on our website.
