Being struck by a car as a pedestrian is truly one of the worst fears anyone can have.
The statistics are just a grim snapshot. Pedestrian fatalities have been on the rise for the past ten years, thousands of families each year are devastated by a collision that no one could have anticipated. And perhaps worse of all? A significant proportion of those collisions involve drivers who either leave the scene or are under-insured.
Here’s the tough part:
Understanding your rights AFTER an accident happens can be much more difficult. That’s precisely why it’s important to know the basics of responsibility, protection and recovery.
Let’s break it down…
The Reality of Pedestrian Accidents Today
Deaths of pedestrians hit by motor vehicles traveling on U.S. roads have become epidemic proportions.
Pedestrian deaths have surged 72% since 2009, according to recent data. An astounding increase for folks walking to work or just trying to cross the street safely.
And it gets worse.
Hit-and-run crashes account for 25% of pedestrian fatalities these days. One out of four victims never see the driver who struck them. Forget about getting a name, plate number, or insurance information.
Which brings up a huge problem:
When the driver disappears, how does the victim get compensated?
Understanding Uninsured Motorist Coverage
This is where uninsured motorist coverage becomes a lifeline for pedestrians.
Uninsured motorist coverage, sometimes referred to as UM coverage, is coverage under your OWN auto insurance policy that covers your injuries when the person who caused the crash has NO insurance – or even leaves the scene. And guess what? It also applies when you’re not in a vehicle at the time of the accident. Many people don’t know that!
Here’s why uninsured motorist coverage matters so much for pedestrians:
- The at-fault driver may not have any insurance
- They may not have ENOUGH insurance to cover the injuries
- They may leave the scene and never be identified
- Pedestrian injuries can lead to massive medical bills
If the driver fled or was uninsured, then seeking legal guidance from this auto accident law firm or another qualified firm can help you access your own uninsured motorist policy benefits. You don’t necessarily need to own a vehicle to file a claim under your own UM policy. If you reside with a family member who has insurance, you may be considered a household member covered under their uninsured motorists provision.
Cool, right?
The problem is insurance companies have deadlines for when you have to file these claims. If you miss the deadline they can deny you coverage completely. Which means you’re on the hook for paying.
Your Rights After a Pedestrian Accident
Did you know Pedestrian Accident Victims have LEGAL RIGHTS – that most people are unaware of?
Here’s the truth:
It doesn’t matter if you were not in a vehicle when you were struck, you may still file a claim. You are entitled to:
- Seek compensation for medical bills
- Recover lost income and wages
- Be paid for pain, suffering, and long-term disability
- Speak with an attorney BEFORE dealing with insurance
- File a claim under your own auto policy in hit-and-run cases
Insurance companies do not have your best interests at heart. They will often attempt to lowball you – or deny your claim outright – to save money. Understanding your rights and seeking legal counsel early can stop your claim from getting lowballed.
Disclaimer: See a doctor, even if you think you’re “okay”. Many pedestrian injuries (concussions, internal injuries, etc.) have delayed symptoms that may not appear for days. Failure to go to the ER can harm both your health and your claim.
Responsibilities on The Road
Pedestrian safety isn’t just about drivers. It’s a two-way street (literally).
Operators have the greatest responsibility since they control the machine. They should:
- Yield to pedestrians at crosswalks
- Slow down in school zones and residential areas
- Avoid distracted driving (put the phone down)
- Never drive under the influence
Pedestrians aren’t off the hook here. If everyone would simply follow some simple rules: use crosswalks, obey walk signals, and make yourself visible at night, many of these accidents could be avoided. Wearing reflective gear or a flashlight at night might just save your life.
The majority of pedestrian deaths occur during dark-light conditions. That’s why visibility is so important. When drivers and pedestrians take responsibility for their actions, safety on the roads can change significantly.
The Road To Full Recovery
Recovery after a pedestrian accident is rarely quick.
There’s recovering from physical wounds. Then there’s the mental, emotional and financial recovery to consider. All of which takes time. These are all important facets of a good recovery plan.
- Immediate emergency medical care
- Follow-up appointments and physical therapy
- Mental health support where needed
- Filing insurance and legal claims quickly
- Keeping detailed records of every single expense
Paperwork. Medical records, prescriptions, missed days of work. All of it is important when it comes to determining just compensation. Without putting in the effort you could be forfeiting thousands of dollars.
Here’s the biggest tip:
Never accept the first settlement offer made by an insurance company. In every case, they will offer below what the victim deserves and is legally entitled to receive. Settling for quick money now could leave you with nothing to pay for future treatment.
Final Thoughts
Pedestrian accidents can turn a life upside down in seconds.
The good news? Knowing your rights, understanding how uninsured motorist coverage works, and taking certain steps early can mean everything in your recovery – both physically and financially. Let’s review:
- Pedestrian deaths have climbed 72% since 2009
- Hit-and-runs make up 25% of pedestrian fatalities
- Uninsured motorist coverage protects walkers, not just drivers
- Both pedestrians and drivers share safety responsibilities
- Fast action after a crash is critical for a full recovery
Money won’t erase the pain and suffering you’ve endured in an accident. However, understanding your legal options can provide you with the greatest opportunity to recover, seek justice from the responsible parties and move forward with your life.
Stay safe out there.
