When a pedestrian is hit by a car, the amount of compensation he or she receives will depend on the extent of their injuries, the amount and type of insurance coverage the at-fault driver and the pedestrian has, if and how much the pedestrian contributed to the accident, and the defendant’s personal assets.
If a pedestrian is struck by a motor vehicle, the first place to look for compensation is the at-fault driver’s auto insurance. Additionally, most states require that insurance companies offer underinsured or uninsured motorist coverage (UIM) and if the policyholder doesn’t want it, he or she must decline in writing.
What does UIM coverage have to do with pedestrian injuries? If a pedestrian is hit by an uninsured or underinsured driver and the pedestrian has purchased UIM coverage for their own vehicle, the plaintiff’s insurance company will make up the difference.
Medical Insurance in Pedestrian Accident Cases
If someone is injured in a pedestrian accident and he or she has medical insurance, they’ll usually turn to it first to pay their medical bills. But, their personal injury attorney will advise them to tell all healthcare providers that they are seeking medical care in conjunction with a personal injury claim. When a personal injury claim is filed for a pedestrian accident, the pedestrian’s medical insurance will try to collect reimbursement for the medical bills from the at-fault party’s auto insurance company. And if the pedestrian was “on the clock” (working) at the time they were hit, they may be required to file a workers’ compensation claim in addition to the personal injury claim against the at-fault driver.
Related: Is Texas a No-Fault Insurance State?
What if the Pedestrian Contributed to the Accident?
This is indeed a good question. Texas is a fault-based state, so if the pedestrian is 100% responsible for, or partially responsible for the accident, the driver’s insurance company may not be liable for the pedestrian’s damages. If the pedestrian has their own auto insurance, he or she may be covered depending on their policy.
Have more questions about pedestrian accidents? Contact our Plano personal injury firm at (888) 493-6529 to schedule a consultation.