When it comes to accidents involving pedestrians, there are a few different misconceptions. One major misconception is that the driver is always at fault. In most cases, the driver is, however, there are exceptions to the rule. It is important to understand the complexity of the case before you file a claim. Here is what you need to know if you were hit by a car recently.
Making Claims Against Drivers
In most cases, you can make a claim against the driver of the car. This is true, no matter where you happened to be walking. If you were not in the crosswalk, you could still file a claim against the driver. It is up to the driver to practice common sense while driving. For instance, if a car sees you crossing and has time to stop the car, then he or she cannot still hit you. If there is a reason for the car to believe that there may be someone in the road, he or she has to pay attention to potential obstacles.
Now, if a person crosses a street without the use of common sense or without paying attention and is struck by a car, it may be a more complex case. If the car had no time to stop or if there was reason to believe that the driver could not see the pedestrian until it was too late, then it might not be the driver’s fault.
If the driver is at fault for your accident, then he or she may be responsible for your medical bills. In no-fault states, this is different because you would have to rely on your medical insurance to pay the bills.
Making Claims Against the Municipality
Some vehicle and pedestrian accidents are the fault of the city. When this happens, it is usually because of how the street is laid out or because traffic control lights failed. For instance, if you were at a crosswalk and the light said it was safe to walk and the driver’s light flashed green, resulting in an accident, then this is the fault of the municipality. Now, if a person crossed the street with full knowledge that the light malfunctioned, he or she may have more difficulty proving the case.
If you were involved in a pedestrian and motor vehicle accident, you may be entitled to compensation.Contact a car accident attorney, like the attorneys at Kamper & Estrada, PLLC. to help you find the resources to file a claim.