Pedestrian Accidents – Accident Attorney Stockton
Accidents with pedestrians are scary and unpredictable, but not necessarily uncommon. According to statistics, over 60,000 pedestrians were injured in traffic accidents in 2006, and that number keeps increasing. Seeking immediate medical help is extremely important following an accident.
A driver can severely disable a pedestrian even by driving only 10 miles per hour. If a car hits a pedestrian at a speed of over 30 miles per hour, that pedestrian can have serious injuries and fatalities. After seeking medical help, contact the police, medical care providers, auto insurance providers and an expert attorney who can make sure you will be compensated fairly. When you are at the scene of the accident, avoid talking extensively with the friends or family members and admitting fault.
Determining who is at fault is often the biggest question and is easiest to determine with an expert lawyer. Keep in mind, the driver or the pedestrian could be at fault. Fault is determined by the law of negligence. Meaning, the person who fails to exercise a reasonable standard of care under the circumstances may be considered “negligent”. If, for example, the pedestrian is crossing the street illegally while the driver is traveling faster than the speed limit, the pedestrian could be found at fault. This varies state by state, so it’s always a good idea to consult with an attorney.
Dealing with the police and insurance companies aren’t always so pleasant and definitely adds more stress in your life. At the scene of the accident, the police will take statements from the driver, pedestrian, and witnesses to determine who was at fault. They may make a decision on the spot or there may need to be a detailed investigation to make the finding.
Auto insurance companies may dispute what law enforcement decides and they will typically send an adjuster to the scene or view the damage to the person and property after the accident has occurred. Injured pedestrians are usually covered under their health and disability insurance policies and can usually file a claim against the driver’s or vehicle owner’s auto liability insurance policy. Nearly all states require that vehicle owners and drivers carry liability insurance to cover personal injuries to third parties and damage to third parties’ property. Any compensation or recoveries are dependent on whose fault the accident was so make sure to contact an attorney who is experienced with negligent pedestrian accidents.