3 Pedestrian Accident Questions

If you’ve been involved in a hit-and-run by a driver, you may not be able to identify who that driver is, if the authorities cannot find them. These days, with technology, if you can get a license plate number, it’s a lot easier to quickly obtain that information, and you will then have a punitive damages claim, in all likelihood, in addition to the liability claim. However, there could be limits on the insurance coverage, where they exclude punitive damages and they may not be responsible for paying punitive damages under the policy. It takes some experience to navigate those issues.

If you’re unable to identify the driver in a hit-and-run, then you have to start looking for alternative sources to make a recovery from, which could be complicated and require consulting with an attorney.

Sometimes the fault of the parties for a pedestrian accident is in dispute. As a contrast, in two-car collisions, there are rules of the road that drivers are expected to go by. There may not be such clear-cut rules in a situation involving a pedestrian accident.

Some of the rules of the road do apply to pedestrian-versus-auto accidents. In some cases, the insurance carriers and their insureds will try to argue that the pedestrian was at fault in some way. They could allege that you weren’t in a crosswalk, as an example, or weren’t otherwise exercising due care. You need to understand that if you’ve got a serious injury case, the insurance carrier will do anything to reduce their own exposure and limit your damages down the line.

Even if you have been at fault partially in an accident, this does not mean that you cannot recover on your case, especially if the injuries are serious. Don’t think that you’re barred from bringing a claim because you had some responsibility. Consult with us today to discuss how we can navigate this scenario.