While it may seem like a freak occurrence, in reality, pedestrians are struck by passing vehicles on a regular basis. The National Highway Traffic Safety Administration has reports that indicate that nearly 600,000 people are injured in this way in any given year. Pedestrians who are struck at speeds of over 30 mph typically result in serious injury and even death. Drivers who experience this type of accident must do what is necessary to protect themselves in terms of liability. It is critical for drivers to take several steps that determine fault, injuries, and how all damages should be handled.
Immediate Steps to Take
Once you have regained your composure and ensured that all parties are being given the proper medical attention, the police must be called to the scene. Contact should also be made with the insurance providers of both the driver and the pedestrian involved in the accident. The police and insurance agents will take a truthful account of the events and gather contact information for both parties. It is also critical for the driver to collect as much information as possible from the pedestrian that includes their insurance provider in addition to contact information. However, avoid extensive conversation that could later be used against one party in court.
In cases where pedestrians are struck by vehicles, the law of negligence determines fault. The party who fails to exercise a reasonable standard of care in the given circumstances usually is considered to be the negligent party. However, it is possible that both parties involved in the accident were acting negligently. For instance, the pedestrian may have been crossing illegally while the driver may also have been speeding. Regardless of the determination of negligence, it is crucial for one to contact Lake Forest Pedestrian Accident Lawyers for representation. These laws can vary from state to state as well, making attaining legal representation one of your highest priorities.
Insurance in Play
Should a pedestrian be injured in the event, they have the option to file a claim against the driver’s liability insurance policy in most states. Although, some states exercise the idea of “no-fault.” In these areas, insurance providers are required to pay the medical costs on top of lost wages for the pedestrian or policy-holder regardless of who is at fault. These situations also call for the services of a personal injury lawyer as well, especially in cases where insurance companies assign a greater degree of fault to the driver than is warranted. Judicial decisions can also impact the amount that insurance companies are willing to pay. The limitations and exclusions that they may incite can be better handled with the aid of a Lake Forest Pedestrian Accident Lawyer.