Pedestrian accidents often result in serious injuries. The human body is simply no match for the strength of the vehicle that crashes into it. In many cases, pedestrian accidents are caused by the negligent or careless actions of a driver. It can be easy to assume that the driver is at fault in an accident between a vehicle and a pedestrian.
However, a negligent pedestrian entering the road can make it difficult for a driver to avoid an accident. As a result, the driver may run over the pedestrian, veer off the road, or hit an oncoming driver in another car. In any collision between a motor vehicle and a pedestrian, the pedestrian will suffer the most injuries. The pedestrian is completely unprotected and lacks the steel and plastic shock absorbers that cars have, not to mention the protection of airbags and seat belts.
Because of this, the State of Indiana has clear laws for drivers and pedestrians to determine who has the right of way. Pedestrians tend to suffer more significant injuries than drivers and passengers in motor vehicles. However, that doesn't mean that drivers are always responsible for pedestrian accidents. Instead, as with all motor vehicle crashes, the person who is injured and claims damages must prove that the driver is legally at fault.
If The General Insurance denied your pedestrian accident claim, you may still have options to seek the compensation you need for your injuries and damages. Therefore, if a pedestrian fails to exercise reasonable care in any way, and that failure causes a car accident, the pedestrian will be considered to be at fault. First, the pedestrian may be liable for the damages incurred by the driver, and the driver will need to hire a pedestrian accident lawyer to pursue these damages. When a pedestrian is injured, there may be more than one party with legal liability for the accident.
If a driver hits a pedestrian while speeding, while ignoring traffic signs, while driving recklessly, then clearly the resulting accident is the result of criminal negligence. If you were injured when a pedestrian caused an accident, you may need to hire pedestrian accident lawyers to represent you throughout the claim and settlement process. In any pedestrian accident, a jury will be required to look at the liability of the parties involved. Laborde Earles Injury Lawyers has three offices to care for clients injured in pedestrian accidents in Louisiana.
Certainly, there are accident scenarios where the driver of a vehicle is clearly at fault for hitting a pedestrian. However, is it always the fault of the driver of the car who hits a pedestrian? Drivers can be negligent, but so can pedestrians who go for a walk. If a pedestrian fails to perform that duty of care and their negligence causes an accident, the pedestrian is at fault. Drivers must be able to see pedestrians on the road, so if a pedestrian leaves from around a point where the driver would have no way of seeing around them, then it may be the pedestrian's fault for entering the road.
You don't want to settle with an insurance company or law firm representing an at-fault pedestrian until you talk to a lawyer about your case.