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Can I Sue a Driver Who Hits Me When I’m in a Crosswalk?

Dec 6, 2021 | Personal Injury

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Pedestrians have the right of way in crosswalks. That means that if a motorist hits the pedestrian while they are in a crosswalk, that pedestrian likely has a case against the driver.

In rare circumstances, the pedestrian might have a case against the municipality due to incorrect timing of traffic lights or poor visibility for drivers to see pedestrians in a crosswalk. But the driver being liable for these cases is far more common.

Damages in a Pedestrian Accident

If you’re pursuing a personal injury lawsuit after being struck by a car as a pedestrian, you can pursue the following types of damages that include both economic and non-economic that apply to most personal injury cases:

  • Medical expenses, both existing and future
  • Lost wages for missed work
  • Pain and suffering
  • Mental trauma
  • Loss of enjoyment of life
  • Scarring, disfigurement, or permanent disabilities
  • Loss of consortium

Due to the nature of pedestrian accidents, injuries are generally severe. You should not feel bad pursuing a claim against the other driver to recover from the experience financially. Your life might never be the same after this traumatic experience, which could include long-term pain and changes to your life.

Will I Be Reimbursed for My Expenses?

After a pedestrian accident, your top priority should be getting the medical care you need to make a complete recovery as soon as possible. During this early phase of care, you can’t be concerned with who is going to pay for those expenses.

But as you start to receive bills and pay them out of your savings account, you’ll likely start to wonder if you’ll be reimbursed for your expenses. Given that the accident was not your fault, you should receive reimbursement for all reasonable and necessary expenses. This reimbursement might come from the following sources:

  • Your health insurance (though they might seek reimbursement from the at-fault driver’s insurance policy through a process called subrogation).
  • Your car insurance policy. While this might sound strange, car insurance policies often provide coverage for you as a pedestrian or when riding a bike.
  • The car insurance policy of the driver who hit you.

Regardless of how you bill your expenses to start, you can seek reimbursement for those expenses as part of a personal injury lawsuit against the at-fault driver. The most important thing is that you don’t avoid paying your bills, which could lead to collections agencies, liens against your home, and damage to your credit.

Can I Use My Own Insurance for Pedestrian Accidents?

Yes, you can use your own insurance to cover you for pedestrian accidents. Sometimes this is necessary, such as in the case of a hit and run or an uninsured motorist who hits you. That’s why your auto policy covers you as a pedestrian as well as when you’re operating a vehicle.

And if an uninsured or underinsured motorist hits you as a pedestrian, you might even file a lawsuit against your own insurance company to seek compensation, such as pain and suffering, missed work, reduced income, etc.

The most common way to use your own insurance policy after a pedestrian accident though is to pay bills until the at-fault party’s insurance completes your claim or you win a settlement, or lawsuit, from the at-fault party.

Get a Free Initial Consultation from an Indiana Accident Lawyer

If you’ve been hurt as a pedestrian due to a driver’s negligence, you should discuss the matter with a personal injury attorney as soon as possible. Stewart & Stewart has a team of skilled legal professionals ready to assist you in seeking payment for pedestrian injury damages. Schedule your free case evaluation now. 

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