If you or a loved one has suffered an injury in a pedestrian accident, you will face immediate medical expenses. Even if you have health insurance, you may be responsible for your portion of the costs, which can be considerable. Deductibles or other co-payments can add up quickly. At the same time, your injuries may have reduced or eliminated your ability to earn a living and pay these bills.
You have legal options after a pedestrian accident that can lead to financial compensation to cover your medical expenses. However, getting a settlement check or award will take time and effort, and the responsible driver's insurance company will not give it to you willingly. If it seems too easy, be aware that the insurance company may have tricks that will cost you money.
You need to contact an experienced pedestrian accident attorney in Austin to represent you in the legal process. Otherwise, you will be exposed and vulnerable when dealing with the insurance company.
You Need to Prove Negligence Before You Can Get Money
In a pedestrian accident case, the legal principle is that the driver responsible for the crash must pay for damages. You need to prove they were to blame for the accident before you can even talk about compensation. The insurance company or jury will need evidence showing what happened during the accident, giving you a legal right to compensation.
To prove liability for the pedestrian accident, you must demonstrate that someone else did something wrong to cause your injuries, and the standard you must meet is showing that the other driver was negligent. If you are seeking money, you have the burden of proof in your claim, and a lawyer can ensure you have the evidence you need to prove the other driver is to blame.
How to Prove Negligence in a Pedestrian Accident Case
Proving fault is crucial in a pedestrian accident claim. It determines who is liable for your injuries and damages. Your lawyer will work diligently to establish negligence on the part of the responsible party, which may involve demonstrating that the driver was distracted, speeding, disobeying traffic laws, or driving under the influence.
The legal test for negligence is the same in any personal injury case. There is a four-part test, and you must show that the driver meets each element. The four parts of the negligence test are:
- The driver owed you a duty of care - a motorist will always owe a duty of care to those in their vicinity on the road, including other drivers and pedestrians.
- The driver did something unreasonable under the circumstances, including running a crosswalk because they were on their phone and not looking at the road.
- You suffered an injury.
- You would not have suffered an injury had it not been for the driver's actions.
If you have the evidence to establish these four elements, the driver will be responsible for paying for your medical costs. To prove that someone else was at fault, your lawyer can use the following evidence:
- Testimony from witnesses who saw the accident
- Pictures of the scene of the accident
- Video or dashcam footage that shows the accident
- Testimony from an accident reconstruction expert
- The police report from the accident
Your lawyer will use this information to build a strong case on your behalf.
You Will Have to Deal with the Insurance Companies to Get Financial Compensation
By law, the responsible driver should have car insurance so that the insurance company can step into the driver's shoes after the accident. It has a contract with the driver that obligates it to pay for the damages that the motorist causes up to the amount of the policy limit. The insurance company must determine whether it will pay and how much.
If you have suffered an injury in a pedestrian accident, you will have two ways of getting financial compensation for what happened. You can file a claim with the driver's insurance company or file a lawsuit in court against the responsible driver. In that case, the jury will decide whether the driver is liable for your injuries and how much they should pay. Either way, you need an attorney to guide you through this process so you can make the best decision possible.
The Insurance Company Represents the Driver Who Injured You
You usually start by filing a claim directly with the driver's insurance company. While the insurance company will review your claim and make an initial determination about how it will respond, it is not a final decision about your legal right to compensation. Insurance companies only decide whether they will accept liability in your accident and how much they will offer compensation. Their determinations are not binding and simply show their negotiating position.
The Driver Must Pay Your Medical Bills if They Caused Your Injury
Regarding your medical costs, the responsible driver must pay for all the expenses associated with your care, including your past and future damages. You need to know how much care you need throughout your recovery so your settlement will fairly and fully compensate you for the damages.
Thus, you need to wait until you reach the point of maximum medical improvement before you can file a compensation claim. This point comes when further medical care will not necessarily improve your condition, and you know what the future holds for you and what care you need. You will now have a handle on your surgical and rehabilitative needs. In addition, you will also learn whether you may need help with other activities in daily life.
Your Lawyer Will Estimate the Amount of Your Damages
You may still not know how much your medical expenses may be because all you have are your medical records and a prognosis about whether and how you may recover. You will still need to know the value of your claim and how much compensation you should seek.
If you get this calculation wrong, it can harm you financially in the future. The bulk of your settlement may end up paying for your medical care because your health insurance provider will no longer have to cover your expenses. You will then have little to no money to pay for the rest of your costs. An experienced pedestrian accident lawyer can ensure you have enough money to cover your expenses and will work with medical experts to learn how much care you may need.
Insurance Companies Will Always Try to Pay You Less
You must know the value of your case before presenting a claim to insurance companies. They also understand what your case is worth and will take advantage of this information to get the better of you in settlement negotiations.
Insurance companies may have a different view of your future medical needs. They know your entire compensation will depend on your diagnosis and medical bills. For example, a multiplier will determine your pain and suffering medical expenses. If you have suffered a severe injury, pain and suffering can be several multiples of your medical expenses. Thus, insurance companies have every financial incentive to understate the scope and extent of your injuries. An experienced attorney can ensure you do not accept an unfair settlement offer and will not allow insurance companies to take advantage of you during negotiations.
Your Pedestrian Accident Lawyer Will Negotiate Compensation with the Insurance Company
You may disagree with the insurance company's determination and what it offers you for your injuries. When you hire an experienced pedestrian accident lawyer, you can and should fight back. Working with medical experts, your attorney can put you on more solid legal ground as you counter what the insurance company says.
You can reject the settlement offer if the insurance company is not giving you enough money. Insurance companies must negotiate with you because they owe you money, and you have the legal right to compensation. If the settlement does not work for you, an attorney will advise you to reject it. You can keep negotiating with the insurance company or proceed to litigation, where the jury will decide whether you deserve money and how much you should get.
What You Must Do After a Pedestrian Accident
From your standpoint, you must do two things as soon as possible after the accident. First, you must see a doctor and complete all your medical treatment. Since your claim depends on documentation of your injury and reaching the point of maximum medical improvement, you will need to begin medical care, and your doctor will treat your injuries to the fullest extent possible.
You will then have medical records to include with your claim that evidence your condition. If you do not do everything in your power to heal from your injuries and have them treated, the insurance company may argue that you are partially to blame for your injuries.
You must also hire an experienced pedestrian accident lawyer to handle your case and protect your legal rights. Everything a lawyer does is to ensure you get total compensation for your injuries. You are up against insurance companies that want to keep you from getting all the money you deserve. You are also partially or fully incapacitated from your injuries, and you cannot deal with them on your own. A lawyer knows how to handle insurance companies and can take charge and begin negotiating a fair settlement.
Insurance Companies Will Win if You Do Not Fight Back
If you do not hire an experienced pedestrian accident attorney, you are a sitting duck for the insurance companies. They will take full advantage of you in every way that they can and may begin by wrongfully blaming you for the accident, in whole or in part, to avoid paying you altogether. Even if they do make you a settlement offer, it will be for pennies on the dollar. You must hang in there and fight to force the insurance companies to do the right thing. A tough lawyer can advocate for your legal rights and even represent you in court if necessary. The threat of litigation keeps insurance companies awake at night. They know that a jury may see the case much differently than they do, mainly because the jury is impartial with no financial motivation.
You Do Not Need to Pay Anything Upfront When You Hire a Pedestrian Accident Lawyer
Affording a pedestrian accident lawyer will not break the bank at all; the good news is that you do not need to pay anything upfront to hire an attorney.
Pedestrian accident lawyers work on a contingency fee basis, meaning that instead of charging you an upfront fee, they will take a percentage of the compensation you receive if your case is successful. This arrangement allows individuals without financial resources to have legal representation.
By not requiring upfront payment, pedestrian accident lawyers demonstrate their commitment to helping accident victims seek justice. They understand the financial burden that can result from medical bills, lost income, and other expenses associated with the accident. They are also motivated to work diligently for you because their payment depends on the case's outcome.
When you hire a pedestrian accident lawyer on a contingency fee basis, you can have peace of mind knowing that they care about your case's success. They will work tirelessly to gather evidence, negotiate with insurance companies, and fight for your deserved compensation. This financial arrangement allows you to focus on your recovery while leaving the legal aspects to the professionals.
In a time when you may already be dealing with physical pain and emotional stress, the last thing you need to worry about is paying for legal fees upfront. Pedestrian accident lawyers are here to provide the support and guidance you need to navigate the legal system.
If you or a loved one has been in a pedestrian accident, don't let cost stop you from seeking legal help. Consult a pedestrian accident lawyer to ensure you can focus on your recovery while they fight for your rights.