Hitting a pedestrian while driving a car is a scary occurrence,
but not uncommon. According to statistics gathered by the National Highway
Traffic Safety Administration, over 60,000 pedestrians were injured in traffic
accidents in 2006. Hitting a pedestrian at a speed of over 30 miles per hour
results in more serious injuries and fatalities -- yet a driver can severely
disable a pedestrian in a crash where the driver is traveling only 10 miles per
hour.
As a driver, it's important to know what to do immediately
after an accident with a pedestrian. By staying calm and speaking to the right
parties, you can minimize your liability. Drivers should also learn the basic
rules of fault, how injuries and damages will be compensated, and most
importantly, how to avoid such accidents in the first place.
What to Do Immediately After the Accident
Most drivers that hit pedestrians are extremely upset
immediately after the accident. Take a deep breath and focus on the following:
Safety comes first. First, get any injured people to
a place of safety. Do not attempt to administer medical treatment beyond what
is required of you in an emergency, such as CPR.
Get medical and legal help. Next, contact the police,
medical care providers, and auto insurance providers (the driver's and the
pedestrian's). If you are facing possible criminal charges for the accident,
such as driving under the influence, contact a criminal defense attorney for
yourself if you can. When the police and your insurance agent arrive, give
truthful statements to them about how the accident took place.
Exchange contact information, but not much more. If
the pedestrian is not incapacitated, exchange your name, phone number, and
insurance information with them. Avoid talking extensively with the pedestrian
or their friends or family members. Admitting fault, or making statements such
as "I feel so guilty," could expose you to a personal injury lawsuit.
You should also avoid speaking directly to the pedestrian's attorney or auto
insurance company. It is important to have your auto insurance company
communicate with the pedestrian's attorney, auto insurance company, or
pedestrian themselves.
Who Is at Fault?
When a driver hits a pedestrian, often the biggest question
is: Whose fault was the accident? Generally, fault is determined by the law of
negligence. A person who fails to exercise a reasonable standard of care under
the circumstances may be considered "negligent." For a detailed
discussion of negligence in car accident cases, read Nolo's article Car
Accidents Caused by Negligence.
However, both the driver and the pedestrian can be
negligent. For example, the pedestrian may be crossing the street illegally
while the driver is traveling in excess of the posted speed limit. This
scenario is treated differently in different states.
Some states, such as Maryland and Virginia, follow what's
called a "pure contributory negligence" rule. This means that if the
pedestrian contributed in the slightest bit to the accident, then he and his
auto insurance company cannot recover damages from the driver and his auto
insurance company.
Other states follow a "comparative fault" rule.
This means that a pedestrian can recover some damages even if he was partly at
fault. (To learn more about contributory and comparative fault, read Nolo's
article Car Accident Defenses: Contributory and Comparative Negligence.)
Police Reports and Insurance Company Findings
The police will take statements from the driver, pedestrian,
and witnesses to determine who was at fault. They may make a conclusive finding
on the spot or conduct a detailed investigation to make the finding later.
The police report from the accident will indicate which
party the law enforcement officer saw as being at fault. Auto insurance
companies, however, may dispute this finding. Insurance companies typically
send an adjuster to the scene of the accident, or view the damage to persons
and property soon after the accident has occurred. If you believe that your
insurance company will unfairly assign you a greater percentage of fault,
consider retaining a personal injury attorney to argue that you have a lower
percentage of fault.
Insurance Coverage for Pedestrian Accidents
Injured pedestrians are usually covered under their health
and disability insurance policies, or worker's compensation coverage, if the
accident occurs on the job. They may also be covered under one or more auto
insurance policies.
Payment Under Auto Liability Insurance
An injured pedestrian can usually file a claim against the
driver's or vehicle owner's auto liability insurance policy. Almost all states
require that vehicle owners and drivers carry liability insurance to cover
personal injuries to third parties and damage to third parties' property.
Recoveries are dependent on whose fault the accident was and various state
statutes. (For a primer on determining fault in car accident cases, read Nolo's
article Car Accidents Caused by Negligence.)
Payment Under No-Fault Coverage
Some states, called "no-fault" states, require
insurance companies to pay for the medical expenses and lost wages of their own
policyholders, regardless of who is at fault. This is also known as personal
injury protection (PIP).
When it comes to coverage for injuries to pedestrians in
no-fault states, laws between the states vary. In some states, the driver's
insurance company pays the amount of the pedestrian's medical expenses up to
the PIP limit, even if the accident is the pedestrian's fault. There are
exceptions to this payment scheme. For example, in New Jersey, if a pedestrian
is not insured, she or he may be paid out of a special state-mandated fund
called the Unsatisfied Claim and Judgment Fund.
Seek a Lawyer's Advice
State laws vary widely when it comes to car insurance
schemes, and each scheme has limitations and exclusions. In addition, recovery
may depend on the particular insurance policies involved as well as judicial
decisions in that state.
In order to sort this all out, injured pedestrians may want
to seek advice from a professional, such as the pedestrian's own insurer or a
personal injury attorney. Pedestrians should ask an attorney which auto insurer
they should approach first, and from which insurer they might be able to
receive additional coverage.
Avoiding Pedestrian Accidents
The best way to avoid pedestrian accidents is to understand
that "defensive driving" means being wary of people who walk, use a
bicycle, operate a wheelchair, rollerblade, rollerskate, ride an electric
scooter, and play in the road. Pay particular attention to young children and
older adults. These individuals may be less aware of drivers on the road. They
are more likely to stray outside crosswalks and not pay attention to traffic
signals.
It is important to remember that individuals who are not in
a motor vehicle and are in the road are extremely vulnerable and more likely to
be seriously injured than a driver. If you take care to give pedestrians
notice, room, and time to move out of your path, you may be able to avoid
hitting a pedestrian.
Article Credit: www.nolo.com
No comments:
Post a Comment