Legal Remedies for Pedestrians Injured in Uninsured Motorist Accidents
Accidents can happen anywhere, whether you are simply crossing the street or walking for miles, particularly in Texas. In 2023, there were 5,924 motor vehicle crashes involving pedestrians in our state. Pedestrian fatalities increased by 22% from 2019 to 2023, as reported by the Texas Department of Transportation (TX DOT).
What happens if you have been hit as a pedestrian by a driver with no insurance? This situation may seem like a nightmare if the person who hit you does not have insurance to cover your medical bills, lost wages, and other damages. It is important to know there are legal remedies available for pedestrians who have been injured by uninsured motorists. You do have options, although they may require a little more work.
The Uninsured Motorist Dilemma
In Texas, drivers are required to carry liability insurance to cover the costs of any injury or damage they may cause in an accident. Under the Texas Transportation Code, Section 601.072, the minimum auto liability coverage required to establish financial responsibility is $30,000 for bodily injury or death per person, $60,000 for bodily injury or death per accident, and $25,000 for property damage.
However, not all drivers follow the law. A significant number of drivers in Texas are uninsured or underinsured, meaning they do not have enough coverage to compensate you for your injuries. As a pedestrian, this can leave you in a difficult situation. You may face an uphill battle and struggle to pay for medical expenses and recovery costs. Fortunately, there are ways to protect your rights under the law.
Personal Injury Lawsuits
Even if the driver who hit you does not have auto insurance, you can still take legal action through a personal injury claim. When you can prove the driver was reckless, negligent, or at fault for the accident, you can seek damages directly in civil court. Collecting compensation may be challenging if the at-fault party has limited assets. Drivers are found to be at fault for pedestrian accidents in the following ways:
- Failure to yield the right of way (such as failing to stop at a crosswalk)
- Distracted driving – texting, talking on a cell phone, or other distractions
- Driving under the influence of alcohol or drugs
Uninsured Motorist Coverage
Uninsured motorist coverage can be a lifeline for pedestrians injured by uninsured motorists. While uninsured motorist (UM) coverage usually covers the costs associated with accidents involving other vehicles, some policies extend these benefits to cover pedestrians. UM coverage can help compensate for medical expenses, lost wages, and pain and suffering.
Be aware that uninsured motorist coverage is not automatically included in every auto insurance policy. If you do not currently have UM coverage, you may want to consider adding it in the future.
Health Insurance
Your health insurance can be a vital resource for recovering the cost of medical care after an uninsured motorist pedestrian accident. If the driver who hit you does not have auto insurance and you do not have UM coverage, your health plan can help cover the initial treatment and medical expenses. It is important to note that your health insurance may not cover all the costs or compensate you for lost wages, pain and suffering, or emotional distress. Still, it can offer some immediate financial relief that allows you to focus on recovery.
When you can recover damages through a personal injury claim or uninsured motorist coverage, your health insurance may require reimbursement of the amount paid for treatments. An experienced personal injury attorney can help you through this complex process called “subrogation.”
How Comparative Fault Applies to Pedestrians
Texas follows a comparative fault rule for accidents. If you are partially responsible, your compensation may be reduced in proportion to your assigned level of fault. For example, if you were jaywalking or crossing against the light and it was deemed you were 20% at fault for the accident, your damages are reduced by 20%.
Being partially at fault for a pedestrian accident does not automatically eliminate your ability to recover damages. The driver who hit you may try to shift as much of the blame as possible onto you. A skilled attorney can help protect your interests and fight to ensure you receive the compensation you deserve.
Seeking Legal Assistance
After a pedestrian accident involving an uninsured driver, you may be dealing with medical bills, insurance companies, and potential lawsuits. Navigating the legal process can be complex and may seem overwhelming, particularly when recovering from injuries. An experienced personal injury attorney can make all the difference. A skilled lawyer can help in the following ways:
- Assessing your options: Your attorney can evaluate your case and determine the best course of action, whether pursuing a claim under your own insurance policy or filing a personal injury lawsuit.
- Negotiating with insurance company representatives: Insurance companies are in business for profit and will try to minimize their payouts. A skilled lawyer can negotiate on your behalf to ensure a fair settlement.
- Taking your case to trial: If it is necessary to go to trial, a seasoned personal injury trial lawyer can protect your rights and fight for the compensation you deserve in court.
Why Choose Us?
If you have been hurt as a pedestrian by an uninsured motorist, the legal team you choose can make all the difference in securing compensation to help you heal and move forward with your life. Our seasoned personal injury attorneys at DJC Law are ready and willing to go to trial if necessary, and we have a 99% win rate. We are real people helping real people. Call us today at (888) 853-8169.
