When Pedestrians Get Involved In Car Accidents

Car accidents that involve pedestrians will surely be fatal. According to the Toronto personal injury lawyers of Mazin & Associates, PC, the result could be grave injury, permanent disability, or death of the driver, bystander, and others. According to the Centers for Disease Control and Prevention, 4.735 pedestrians were killed in traffic crashes in 2013 alone. In addition, there were over 150,000 pedestrians that were injured and treated in emergency departments.

So when a pedestrian gets involved in a car accident what damages can they receive? While no amount of money can pay for the life that will be lost because of the injury or death, damages can help “make a person whole again,” as the saying in law goes. Here are some of the recoverable damages a pedestrian can receive in a car accident:

All states require vehicle owners to carry liability insurance to pay for personal injuries to third parties as well as payment for property damage to third parties. This will depend on whether the state where the accident happened follows the “no fault” clause. In these states, the insurance company shoulders the medical expenses and other costs, regardless of who was at fault.

If the pedestrian has auto insurance, they can still collect damages from their provider even if they are not driving when the accident happened. In some no fault states, there is a cap to the driver’s coverage. In other states, the driver’s insurance will shoulder the damages. If the driver has no insurance, then the pedestrian’s UIM or no fault coverage will pay for the losses.

However, the problem with mandatory coverage in no fault states as well as the UIM insurance is relatively low and does not pay for pain and suffering. For medical and lost income, there is a certain threshold and if that amount is reached, then the remaining amount will be collected from the defendant’s insurance company or from the defendant themselves.


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