Pedestrian accidents can be devastating for many reasons, but the main one being that usually very serious injuries will result to the pedestrian who was hit. This is why discovering fault is a complex matter because many factors are taken into consideration and damages will be based off of this. Here are some of the damages that you may expect to receive when you have become injured:
Medical Expenses: If a negligent driver hits a pedestrian, they will almost always have to pay for medical expenses. However, there are some situations in which problems arise. Take for example a situation in which a driver is not paying attention to the road and stops too late, hitting a pedestrian. The vehicle was slowing to a stop and only hit the pedestrian at 5 miles-per-hour, meaning that the pedestrian only suffered a little pain from the impact. The problem is – when the accident occurred, the pedestrian had a heart attack. Now you must ask yourself: Is the driver liable for the heart attack as well? Many pedestrians would not have had a heart attack in the same situation. However, since many courts find that the driver should be liable for all medical expenses resulting from the collision, they may see matters differently.
Lost Wages: If a pedestrian misses work because of their injuries, they must be rightfully compensated. It really depends on the specific situation, though – it may take longer for a construction worker to get back on his feet than somebody who works in front of a desk the majority of their day. No matter how high the pedestrian’s lost wages are, the driver will be responsible for making sure they get paid.
Pain and Suffering: This is a bit more difficult to figure out. It may not be as easy to place a dollar value on a year of chronic back pain. However, courts need to come to a decision about what they are going to award. The courts will usually ask the jury to answer those questions to the best of their ability.
Loss of a Normal Life: Say an award-winning gymnast was hit by a vehicle. The person must now give up their normal, everyday life of practice, competitions, and sharing the experiences with their family and children. These are damages known as “loss of normal life” and “loss of enjoyment.” However, the amount that the pedestrian will be owed is up to the jury.
How Will the Damages be Paid?
Various types of insurance coverage will come into play when a pedestrian-driver accident occurs. If insurance coverage couldn’t pick up most of the costs, then many pedestrians would go without proper payment. This is due to the fact that many drivers don’t just have thousands of dollars sitting around that they can pay in damages. This is why it is a requirement that drivers carry insurance.
However, what happens if the driver involved in an accident was uninsured or underinsured? Many people do not choose extremely extensive insurance policies to cover the most serious of injuries. Unless the pedestrian chose a policy like this, then they may have to sue the underinsured driver tocollect damages that are not covered by insurance. If the driver doesn’t have any assets for the pedestrian to collect, then their expenses will go uncompensated.
If you are a pedestrian who has been hit and received serious injuries, you may have a claim against a driver. If this is the case, you will want proper legal representation on your side to help you in your time of need. Call Welebir | Tierney today to find out what you can do if you have a case.
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