Pedestrian-involved car accidents are incredibly common and, unfortunately, often result in death or serious injuries. Generally, pedestrians have protected status on crosswalks, including unmarked crosswalks. A motorist who strikes a pedestrian on a crosswalk may be found to have been negligent based on violation of a state-specific rule or statute governing proper acts and behavior that the driver of a vehicle must follow. The specific laws and rules regarding the motorists' and pedestrians' statutory duties vary from state to state. It is important to note that different states have different rules regarding "comparative fault." What this means in practicality is if a person is at fault for 50 or 51 percent of their own injuries they are unable to recover for any of their damages. This is not the rule in every state in the United States but it is in a majority. As a result, motorists and insurance companies will often make the facts and circumstances surrounding the pedestrian's injuries into a complicated and confusing game in an attempt to avoid paying for any damages a pedestrian has suffered. It is important to have an attorney who is familiar with types of recovery for pedestrian injuries sustained as a result of a car accident so you can have the maximum chances of recovery. Members of Goodnow|McKay are experienced with these claims to help. We are committed to helping our clients recover fair compensation. We are often able to negotiate reasonable settlements with the responsible insurance companies, but we are willing to fight for our clients through trial if necessary.
Methods of Recovery:
The primary method of monetary recovery in pedestrian-involved car accidents is the offending driver's liability coverage. Generally, one issue persists in these cases: the offending driver does not have enough insurance coverage to pay for the injuries they caused. Pedestrians are more vulnerable than the average car crash victim and, as a result, usually incur far more serious injuries and significantly larger medical bills. Many times the offending driver will have the legally required state minimum coverage to pay for some or all of the medical bills. Unfortunately, it is also very common that a driver violates the law and drives with no insurance at all. When there is not enough insurance coverage to pay for a victim's injuries our firm looks for additional policies that may have applicable coverage. The laws regarding which potential policies may cover a pedestrian's injuries vary state to state and the process becomes incredibly complicated. However, it is not uncommon for a pedestrian to be able to find coverage from a resident relative's independent insurance coverage or from a pedestrian's own automobile policy (if they own a car).
According to the National Highway Traffic Safety Administration, the United States had the following accident statistics for 2016:
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Chris Goodnow is licensed in Arizona. Justin McKay is licensed in Arizona. Matters in other areas are handled by licensed attorneys employed, associated, or co-counseled with Goodnow|McKay.