In most car accidents that happen, one vehicle will run into another. But what happens if a vehicle runs into an individual while that individual is unprotected? Who is at fault, who needs to be compensated, and what losses will need to be made up? All of these can be answered in court with a few basic questions:
Who’s Fault Is It?
Many individuals believe that in most pedestrian car accident cases, the driver of the vehicle will always be at fault. This is especially true in larger cities. For example, a personal injury lawyer in queens ny will clearly have more cases than a lawyer in a suburban area. A personal injury attorney will look to see if the pedestrian is at fault and if they acted in a manner where the driver could simply not avoid running into them (ex. the pedestrian walked out into the road while texting). Other times, someone entirely different could have been at fault. There are many rules of the road, and everybody has to obey them, and that includes the drivers and any pedestrians who are present.
Was Anybody Injured?
Once you can determine whose fault it was in the accident, you next have to determine if anyone was seriously injured enough for there to be a lawsuit or some kind of legal action. If you were injured as a result of the accident, you could pursue an injury claim with the insurance carrier of the driver’s vehicle. The insurance claim will always be the first step in receiving compensation for losses you sustained: medical payments, lost income, etc. Usually the result will be an injury settlement that is the result of repeated negotiations between you and the opposing party. If you are not satisfied with the result, you can then keep up your offense on the opposing party by filing a personal injury lawsuit.
The Driver’s Actions
Regardless of whether the driver of the vehicle is at fault in the accident, their actions must still be taken into account. As long as the driver of the vehicle stopped at the scene and exchanged contact information and insurance with anyone else involved in the accident, you (as a pedestrian) will be able to pursue proper compensation via their insurance carrier.