What Claims Can an Injured Pedestrian Make?
When a pedestrian becomes injured due to a reckless driver, there are many things to consider. For one, the amount of money a pedestrian may receive as compensation for a car accident-related injury depends mostly on the situation. Several factors come into play, including the insurance that both parties have, how severely injured the pedestrian is, as well as how much they are at fault for the accident.
No-Fault Laws and Insurance
Around 12 states have what are called “no-fault” laws, which means that if the damage the accident caused is under a certain amount and there end up being no serious injuries, the defendant won’t be able to have a claim brought against them in court. The plaintiff’s (pedestrian, in this case) insurance would have to cover the plaintiff’s claim. However, this is not the case for California.
Covering the Damages
If the plaintiff has a kind of medical insurance, that would be the most likely place to start for aid in paying medical bills. In some states, if the pedestrian has auto insurance, it will cover some of the costs of the auto accident even though they weren’t actually in a car. If the defendant is found to be primarily at fault for the accident, their insurance would have to cover the damages.
Who’s at Fault?
Most times, the driver is responsible for the auto accident. In the United States, pedestrians have the right of way. Traffic signs, posted speed limits and yielding at marked crosswalks are all considered things the driver must be due in their duty of care. However, occasionally the pedestrian is actually at fault for the accident, which makes things more complicated. For example, if a pedestrian is walking out from behind a parked car and runs into the street instead of being cautious and looking for traffic, the pedestrian may be held liable for the accident.
The Driver’s Defense
Even if the pedestrian’s actions cause the driver to use dangerous maneuvers to keep themselves from causing more damage, the pedestrian is responsible for all the damages that happen as a result of that, including if that driver hit another car on its way. The average driver cannot be held responsible if someone jumps out and there is little to no time to react.
Injuries make a difference when it comes to the amount of compensation. The worse your injuries are, the most your compensation may be. Your overall damage amount is calculated by adding up all the “special damages” (medical bills, lost income from not working, etc.) and multiple it by a number between 2 and 5 to represent the amount of your emotional suffering, etc. In many cases, the plaintiff and the defendant settle on a specified number after negotiations.
In Business to Protect Your Best Interests
If you or your loved one has been injured in a car accident, you are encouraged to speak with one of our trusted attorneys today about your case. During your no cost consultation, our attorneys will explain your rights as a victim and discuss what may be the next best step for your unique matter.
Your free, no-obligation consultation with a knowledgeable Los Angeles Personal Injury Attorney regarding your unique situation is available by calling:
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– Jack Ter-Saakyan, Esq.
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