It may sound strange, but pedestrians struck by vehicles will still rely on car insurance to cover major damages. The extent of your coverage will depend on whether or not you and the driver had adequate car insurance coverage for pedestrians.
How Pedestrians’ Car Insurance Can Impact Injury Claims
Pedestrians do not always have car insurance of their own, especially if they do not drive. If you do not have auto insurance coverage, you will be relying on the driver to have coverage. If they do have a policy, their liability insurance will be responsible for covering your medical expenses and any damage to personal property such as a bicycle or MP3 player.
Your health insurance may also take care of some of your medical expenses, especially if you have a separate disability policy.
If the driver of the car that struck you does not have car insurance, but you do, your uninsured motorist coverage (UM) will kick in. UM coverage will pay for your damages in the event you are injured by an uninsured or hit and run driver.
Pedestrian Fault Will Still Play A Role in Your Ability to Recover Damages
Georgia's modified comparative negligence 50 percent bar rule allows for a pedestrian to be up to 50 percent at fault for causing the accident and still be able to recover damages.
If the evidence shows that you ran out into traffic in the middle of the road and were struck by a vehicle traveling at the posted speed, you may find it difficult to recover any damages, as it is likely the insurance companies will find you at fault for causing the accident.
On the contrary, consider this situation: you were crossing the street with a "walk" signal, a driver ran a red light and struck you while in the crosswalk. In this situation, the driver is likely to be held 100 percent at fault.
In cases where you were partially at fault, such as jaywalking and being struck by a car exceeding the speed limit, the driver could be liable for speeding, but you could also be responsible for jaywalking. In this case, your percent of fault reduces your total settlement amount by that percentage.
Optimizing your Personal Insurance Policies
If you never drive a car there's no reason for you to go out and get car insurance just to protect yourself in the event of a pedestrian accident. To ensure that you have the best coverage to handle your losses and damages in the event you are hit by a car while walking, you should review your health and life insurance policies.
Some health insurance policies have special coverage for catastrophic accidents. Likewise, some life insurance policies have additional coverage for disability if the accident leaves you permanently disabled.
After a Pedestrian Accident, Get Medical Help Then Get Legal Help
After being hit by a car the first thing you do is contact the police and see that your injuries are treated. Once your safety is secured and you're on the mend, report the incident to your and the driver's car insurance companies. When reporting the accident, try not to give too many details about fault or the severity of your injuries. Leave those details to your Peachtree City pedestrian accident lawyer.
The Law Office of Jason R. Schultz, P.C. provides legal support to Peachtree City residents who have been struck by cars while on foot or other foot-powered device. If you sustained serious injury in a pedestrian accident or you lost a loved one, contact our office today to schedule an appointment for a FREE consultation regarding your legal options. 404-474-0804.