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What Are the Legal Options After a Pedestrian Accident?

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Being struck by a negligent driver while walking can be an intensely stressful experience, not just during the accident itself but also for the hours, days, weeks, and sometimes even years that follow. It is vital, though, to be as calm and proactive as possible if you were the pedestrian injured in a collision. What you do right now to protect your best interests could have a significant impact on the rest of your life.

The first step to enforcing your rights after being injured in a traffic crash is understanding what the legal options are after a pedestrian accident. Broadly speaking, you have two choices for what path to take towards financial restitution in this situation. A pedestrian accident attorney from Phillips Law Group can help you fully understand these options and effectively pursue a claim if it is the right move for you.

Filing a Claim Against the At-Fault Driver’s Insurance

Almost every state requires all drivers and vehicle owners to maintain a minimum amount of liability insurance coverage. This insurance covers losses suffered by other people involved in a traffic accident with that policyholder. For example, as of July 1, 2020, the mandatory minimums for car insurance coverage in Arizona were $25,000 for a single person’s injuries, $50,000 for all injuries, and $15,000 for all property damage stemming from a single collision.

As a pedestrian injured in a collision caused by a negligent driver, you have the legal option of filing a claim against that driver’s liability insurance policy for losses covered by that policy, just like you would do if you were driving your own personal vehicle when that negligent driver struck you. This process can allow you to recover financially for such things as medical bills, car repair or replacement costs, other out-of-pocket expenses, and lost work income.

Filing Civil Suit Over Pedestrian Collision Injuries

If you have suffered very serious injuries from a pedestrian crash and exhausted all insurance coverage available to you, you also have the legal option to file a lawsuit in civil court directly against the person at fault for your injuries and their insurance provider. In addition to allowing you to recover for out-of-pocket costs not already paid for by insurance, a claim like this can allow you to recover for various non-economic damages that insurance typically does not cover, such as physical pain and psychological distress.

It is worth mentioning, though, that your right to sue over a pedestrian crash may be somewhat limited if you live in a choice no-fault state, such as Texas, or a no-fault state, such as Utah. As a qualified attorney can explain in more detail, states with no-fault approaches to auto accident claims often require drivers to have more extensive insurance coverage. The tradeoff is that people injured in wrecks cannot always file a civil suit over damages that insurance does not cover, unless one of a few specific exceptions applies to them.

Learn More About Pedestrian Accident Legal Options from Phillips Law Group

Determining what the legal options are after a pedestrian accident is not an objective process. A skilled lawyer from Phillips Law Group can help you make the best decision for your unique needs. Call our experienced team today to set up a meeting to discuss your case.


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