Houston is sprawling city with lots of traffic. Everyday you hear about car accidents. Pedestrian accidents are more rare but many can cause significant personal injury. So who is at fault in an accident involving a car and a pedestrian. The answer can be more complex than you know.
Who is at fault in a car accident involving a pedestrian?
The driver is usually at fault for a car accident involving a pedestrian. This is because drivers have a duty to exercise reasonable care when operating their vehicles. This means that they must obey the speed limit, be aware of their surroundings, and be prepared to stop for pedestrians.
However, there are some cases where the pedestrian may be at fault for the accident. For example, if the pedestrian is jaywalking or crossing the street against a traffic signal, they may be considered partially or wholly at fault.
In some cases, both the driver and the pedestrian may be at fault for the accident. This is known as comparative fault. In these cases, the amount of compensation that each person receives will be reduced by their percentage of fault.
The following are some factors that are considered when determining fault in a car accident involving a pedestrian:
- The speed of the car
- The visibility of the pedestrian
- The actions of the driver and the pedestrian
- The traffic laws
- The weather conditions
If you have been injured in a car accident involving a pedestrian, it is important to speak with an attorney to discuss your legal options. An attorney can help you determine who is at fault for the accident and help you file a claim for compensation.
How does insurance work with accidents involving a pedestrian?
In most cases, the driver’s car insurance will cover the pedestrian’s injuries in a pedestrian accident. This is because the driver is typically at fault for the accident. However, there are some cases where the pedestrian may be partially or wholly at fault, and in those cases, their insurance may cover their injuries.
The following are some types of insurance that may cover pedestrian accidents:
- Liability insurance: Liability insurance covers the driver’s legal liability for injuries to others. This means that if the driver is at fault for the accident, their liability insurance will pay for the pedestrian’s medical bills, lost wages, pain and suffering, and other damages.
- Uninsured/underinsured motorist (UM/UIM) insurance: UM/UIM insurance covers the driver’s injuries if they are hit by an uninsured or underinsured driver. This is important because not all drivers carry the minimum amount of liability insurance required by law.
- Medical payments insurance: Medical payments insurance covers the driver’s and passengers’ medical expenses, regardless of who is at fault for the accident. This is a good type of insurance to have, even if you have liability insurance, because it can help to pay for medical bills immediately after an accident.
What is PIP insurance?
Personal Injury Protection (PIP) insurance is a type of car insurance that pays for medical expenses, lost wages, and other expenses for you and your passengers if you are injured in a car accident, regardless of who is at fault. PIP is also known as no-fault insurance.
PIP insurance is required in 12 states: Alabama, Arizona, Arkansas, California, Delaware, Florida, Hawaii, Kentucky, Maryland, Michigan, Minnesota, and New Jersey. In other states, PIP insurance is optional, but it is a good idea to have it, even if it is not required.
PIP insurance covers the following expenses:
- Medical expenses: PIP insurance will pay for your medical expenses, including doctor’s visits, hospital stays, and prescription drugs.
- Lost wages: PIP insurance will pay for your lost wages if you are unable to work due to your injuries.
- Replacement services: PIP insurance will pay for replacement services if you are unable to perform certain tasks due to your injuries, such as cooking, cleaning, or childcare.
- Funeral expenses: PIP insurance will pay for funeral expenses if you are killed in a car accident.
The amount of PIP insurance that you need will depend on your individual circumstances. However, it is generally recommended that you have at least $10,000 in PIP coverage.
If you are injured in a car accident, you should file a PIP claim with your insurance company. You will need to provide the following information to your insurance company:
- A police report
- Medical records
- Proof of lost wages
- Other documentation related to your injuries
Your insurance company will then review your claim and determine whether it is covered by PIP insurance. If your claim is approved, your insurance company will pay for your eligible expenses.
PIP insurance can be a valuable asset if you are injured in a car accident. It can help to pay for your medical expenses, lost wages, and other expenses, regardless of who is at fault. If you live in a state where PIP insurance is required, you are required to have it. If you live in a state where PIP insurance is optional, it is a good idea to have it.
What to do if you are a pedestrian hit by a car or truck
Here are the things you should do if you are a pedestrian hit by a car or truck:
- Check for injuries. The first thing you need to do is check yourself for injuries. If you are bleeding, apply pressure to the wound with a clean cloth. If you have any broken bones, immobilize the limb and seek medical attention immediately.
- Call 911. Even if you don’t think you’re seriously injured, it’s important to call 911 so that a medical professional can assess your injuries.
- Exchange information with the driver. Get the driver’s name, contact information, and insurance information. You should also take down the license plate number of the car.
- Take pictures of the scene. If possible, take pictures of the accident scene, including the damage to your body, the car, and the surrounding area. This evidence can be helpful if you need to file a claim with the driver’s insurance company.
- Seek medical attention. Even if you don’t think you’re seriously injured, it’s important to see a doctor after being hit by a car. This is especially important if you have any pain, numbness, or tingling.
- Report the accident to the police. Even if the accident seems minor, it’s important to report it to the police. This will create a record of the accident in case you need to file a claim later.
- Get a lawyer. If you have been seriously injured in a pedestrian accident, you may want to consider getting a lawyer. A lawyer can help you file a claim with the driver’s insurance company and get the compensation you deserve.
Here are some additional tips to keep in mind if you have been hit by a car while walking:
- Stay calm. It’s important to stay calm after being hit by a car. This will help you think clearly and make good decisions.
- Be assertive. Don’t be afraid to stand up for your rights if you have been injured in a pedestrian accident. Make sure you get the medical attention you need and file a claim with the driver’s insurance company.
- Document everything. Keep a record of all medical bills, lost wages, and other expenses related to your accident. This documentation will be helpful if you need to file a claim.
- Don’t give up. If you have been injured in a pedestrian accident, don’t give up on getting the compensation you deserve. Get a lawyer and fight for your rights.
It is also important to remember that you are not alone. There are many resources available to help you if you have been injured in a pedestrian accident. The National Highway Traffic Safety Administration (NHTSA) has a website with information on pedestrian safety and resources for victims of pedestrian accidents. You can also contact your local pedestrian advocacy group for support and information.
What type of compensation can I expect from a pedestrian accident?
The type of compensation you can expect from a pedestrian accident will vary depending on the severity of your injuries and the circumstances of the accident. However, some common types of compensation include:
- Medical expenses: This includes the cost of your medical care, such as doctor’s visits, hospital stays, and prescription drugs.
- Lost wages: This includes the money you have lost due to being unable to work.
- Pain and suffering: This is compensation for the physical and emotional pain and suffering you have experienced as a result of the accident.
- Property damage: This includes the cost of repairs to your property, such as your car or your cellphone.
- Wrongful death: If you are killed in a pedestrian accident, your family may be able to sue for wrongful death. This type of compensation can include the cost of funeral expenses, lost wages, and pain and suffering.
The amount of compensation you receive will also depend on the state you live in. Some states have laws that limit the amount of compensation you can receive for certain types of damages. For example, some states have caps on the amount of money you can receive for pain and suffering.
