Hit In The Crosswalk: What Are Your Rights?

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The crosswalk is meant to be a place where you can safely cross the road without worrying that a driver will slam into you. You should be able to trust the "walk" and "do not walk" signals to guide you across to safety. So when you are hit by a car when crossing in the cross-walk, it's normal to feel like you were misled and wronged. Here is a look at what your rights are in this situation, and how you might go about ensuring that the driver who hit you is held liable for what they did.

Who is at fault?

In almost all cases, when a pedestrian is hit by a driver, the driver is considered at fault for the accident and is therefore responsible for paying the pedestrian's medical bills and other expenses related to the collision. Drivers are responsible for being aware and alert, and failing to be aware enough that they were able to avoid hitting a pedestrian is considered negligence. Someone who causes an accident with their negligence can be held at fault (in court or via an insurance company) for the injuries caused by that negligence. 

This is often true even when the pedestrian hit was not properly in a crosswalk. The fact that you were in the crosswalk when the collision occurred even makes it even harder for someone to argue that the accident was your fault. You were doing everything you were supposed to do. The driver should have been very aware that a pedestrian could have been in the crosswalk, and they weren't.

How do you get your medical bills paid for?

The first thing you will need is to ensure the police are called and that they create a proper accident report. Give as many details as possible to the police when they are crafting this report. The police should also gather the driver's insurance information and pass it on to you. You can then call the insurance company and file a claim. Give them the accident report number; they will contact the police for details.

Here is where things get tricky. Chances are that the insurance company will try to get you to agree to a settlement amount. But this early on in the process, you don't know how much your medical bills are going to be or if your injuries will lead to future lost wages. As such, you should not accept this settlement offer, even if it seems fair. Instead, contact a personal injury attorney.

Your attorney will keep track of information like your bills, medical reports, and lost wages and come up with an amount your case is really worth. If the driver's insurance company refuses to give you this amount, you and your lawyer can sue them. The process may take a few months or a year, but you're more likely to get the amount you deserve.

What if the driver was uninsured?

If the driver did not carry insurance, then getting your medical bills covered will be harder but not impossible. You and your attorney can sue the driver personally. If need be, their wages can be garnished to ensure you get the compensation you deserve.

There are also some rare cases in which someone other than the driver can be held accountable for the accident. For instance, did the town forget to put up a sign indicating that there was a crosswalk ahead? If so, one could argue that the collision was partially their fault and that they should pay for your medical costs.

Getting hit by a car while in a crosswalk is scary and unfortunate, but thankfully, there are ways to get your costs covered. Speak with a personal injury attorney to learn more.

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6 May 2019