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How are Pedestrian Accidents Settled?

When a pedestrian is hit by a vehicle, the victim is not likely to walk away without a few cuts, bruises, and serious injuries. Vehicles are much larger, and much heavier than the human body, so any sort of impact, no matter how slight, may result in serious and long-term injuries or death. The severity of injuries, however, may depend on the speed of impact, the angle of impact, and other factors such as the victim’s age, current physical and medical condition and more. A personal injury attorney who is experienced with pedestrian accidents can help ensure the case and/or claim is handled in a way to provide the best possible outcome.

Who is Responsible? Generally, it will be one of the following people or entities:

  • Auto Insurers: If the driver who hit you or your loved one had auto insurance, chances are that their agency would be responsible for paying out (at least a portion of) your claim. That said, obtaining compensation from the responsible driver’s insurance company is not always easy. The insurance company will likely try to deny your claim or offer a very low settlement, neither of which will help you in the long term if serious injuries occurred and ongoing and intense medical treatment will be required. An aggressive attorney can help you identify these tactics and negate them so that you can get the monetary recovery that you deserve.
  • Medical Insurers: If you have medical insurance, your health insurer will initially be helpful to to assist you in covering the cost of medical bills. Your medical insurer will as us to pursue compensation from the liable party’s auto insurance company to pay themselves back.
  • Uninsured Third Party: If the driver who hit you or your loved one was uninsured, you may have a more difficult time pursuing compensation. While you could file a lawsuit against the driver him or herself, there is no guarantee that they will have the money to cover the cost should they lose. Your attorney may be able to help you uncover hidden assets. A claim may be available under your own uninsured motorist coverage, depending on the policy.  An experienced attorney can provide insights about potential outcomes and to optimize your situation based on your particular circumstances.

How Your Settlement is Factored

There are several factors to be considered before coming to a final decision in a civil court case.  Some factors we will consider include the following:

  • Severity of Injuries: How badly you were injured will play a huge role in how your damages are calculated. If injuries are life altering, or have caused loss of life, damages will be greater than for a less serious injury. Liability:Investigation into the circumstances surrounding the accident will be required to to prove liability. If it is determined that you were responsible in any way, the defendants will try to avoid paying entirely or try to reduce the compensation based on fault.
  • Effect on Your Life: If your injuries have affected your ability to work, or if they prevent you from doing the things that you love, there will be greater need for financial compensation and a higher award or greater settlement.

Contact a Personal Injury Attorney

First and foremost, you should reach out to a Riverside personal injury lawyer who understands the claims process and who can advise you on what to do from the very start. If you have not already done so, you should probably be evaluated as soon as possible through a doctor’s appointment.  Your attorney can obtain a police report, and contact your insurance agency. By doing each of these things, you are ensuring the necessary information to move your claim forward toward successful resolution.

An Experienced Riverside Personal Injury Attorney can Help

If you or a loved one was injured in a pedestrian car accident, and if you or they experienced life-altering and/or expensive injuries as a result, you may be entitled to substantial compensation for your injuries. Speak with a knowledgeable Riverside personal injury lawyer at Heiting & Irwin to evaluate the circumstances of yours or your loved one’s case, assess the value of your case, and help you determine how much (if any) and where your compensation will come from. The skilled Riverside personal injury attorneys at Heiting & Irwin are prepared to fight on your behalf and ensure that you get the compensation that you deserve. Get started with your claim today.  Call our office or schedule an appointment online.

Richard Irwin

Mr. Irwin is a recognized specialist in Workers’ Compensation law. He has been certified as a specialist by the State Bar of California since 1995. He limits his practice to handling only workers’ compensation cases. View Attorney Richard Irwin's Attorney Bio Here.

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