Being injured as a pedestrian can be frightening and leave you feeling helpless. You may be entitled to compensation. At the Law Office of Shane McClelland, we work with injured pedestrians in Katy and Sugar Land, Texas, to help them understand their rights and recover full and fair compensation. Call the Law Office of Shane McClelland today at 713-597-4836 for your free consultation.
What Happens When a Pedestrian Is Hit by a Car?
Pedestrian accidents can be life-changing. When a car or truck hits a person on foot, injuries are usually serious. Pedestrian accidents can result in serious injuries such as fractured bones, spinal damage, head trauma, and wrongful death. Medical bills quickly accrue, and victims often wonder who will pay for them. That’s where insurance comes in. Many are left wondering whose insurance will pay and whether it will really cover their injuries.
Can a Driver’s Car Insurance Cover a Pedestrian’s Injuries?
Yes, in most cases, a driver’s liability car insurance can cover the pedestrian’s injuries. Drivers in Texas are required to carry liability insurance. It should pay for medical costs and other damages to anyone they injure in a crash, including pedestrians. If you were hit while walking, jogging, or crossing the street and the driver was at fault, you can typically file a claim against their auto insurance policy to recover compensation for:
- Medical bills
- Pain and suffering
- Lost wages
- Long-term rehabilitation
- Disability
Uninsured/Underinsured Motorist Coverage
The problem is that some drivers have no insurance, or they flee the scene. You do have options if this happens to you. If you or a household member has uninsured/underinsured motorist (UM/UIM) coverage, your policy may cover pedestrian injuries. We can review your policy and assist you in making a UM/UIM claim if applicable.
What If I Was Partially at Fault?
Texas has a modified comparative fault system in place. You can recover damages if you are less than 51% at fault for the accident. However, you will have your compensation reduced by your percentage of fault.
For instance, if a driver was speeding but you were jaywalking, the insurance company may try to place some of the blame on you. If they successfully argue that you were 30% at fault, your total recovery will be reduced by 30%. Insurance companies will often try to put all of the blame on injured pedestrians. This is why it’s important to have an attorney who will fight for your side of the story.
What Should I Do After a Pedestrian Accident?
If you have been in a pedestrian accident, you should seek medical treatment immediately. Even if your injuries seem minor, there may be symptoms that do not show up immediately. If you can, gather documentation from the scene. Take photos, collect contact information for witnesses, and obtain the driver’s insurance information.
Do not provide statements to the at-fault driver’s insurance company without first speaking to an attorney at the Law Office of Shane McClelland. Words can be twisted or misused to lower the value of your claim.
Contact the Law Office of Shane McClelland
We can protect your rights, handle the insurance process, and fight to recover the compensation you deserve. Contact the Law Office of Shane McClelland today at 713-597-4836 for a free consultation.
