If you were a pedestrian and were hit by a car, more than likely you will have a claim against the driver of the vehicle. But the local muncipality where the accident took place mau also have liability if unsafe streets or traffic control devices such as signs and lights were part of the accident scenario. Read more to find out the best way forward when you face this situation.
In The Immediate Aftermath Of The Accident
If you are not too injured do the following:
Call the police
Use your phone to take photos of the accident scene and the car that hit you
Get the names of any witnesses
Call your insurance company
Obtaining Medical Treatment
If you are in pain following being hit by a vehicle, do not delay in getting medical attention. If you are in severe pain you should go to the ER. If you just have minor injuries, please go to your family doctor as soon as you can. Do not delay in doing this. Insurance adjusters often assume if you do not get medical treatment very soon after an accident that you were not really hurt. You need to make sure you get the appropriate medical attention and ensure you get your injuries documented in full.
Who Is Going To Pay Your Medical Bills?
Depending on the state where you reside will determine the course of action. In a no-fault state, the driver’s insurance will cover some (maybe all) of the injured person’s medical bills. In a non-no-fault state, the health insurance of the pedestrian will pay the bills. In a non-no-fault state when the pedestrian lacks health insurance, he will most likely be the person responsible for the payment of medical bills.
Claiming Against The Driver
The driver of the car is often (but by no means always) considered to be at fault. Most states have laws that require drivers to be aware of their surroundings and will have little chance of avoiding liability, especially if the pedestrian is hit in a crosswalk. But even when the pedestrian is not in a crosswalk, he still has a great chance of winning the case as long as he was not otherwise negligent or irresponsible in their behavior.
Claiming Against The Local Municipality
Sometimes accidents may be caused by faulty road signs, lights, and equipment operated by the city or town. They have a responsibility to ensure the traffic equipment is working properly and if found not to be working or to be faulty they may be liable when there is an accident. Also, the street layout may be an issue. If around a tight curve there are no slow down or other appropriate warning signs for motorists, the municipality may share in the liability resulting from an auto accident.
Speak With Our Car Accident Lawyers In Mesa, Arizona Today
The Bradshaw Firm, PLC is located in Mesa, AZ and serves clients in and around Higley, Gilbert, Queen Creek, Mesa and Chandler.
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