When you as a pedestrian have been struck by a vehicle while walking along the street, your right to receive compensation may depend on several factors. In order to know whether you can file an insurance or injury claim against the driver may depend on these factors and what your personal injury lawyer would advice.
According to the internet site of With Yvonne Fraser one factor that can affect a pedestrian and car accident is the fact of who is at-fault for the accident. It is generally understood that when a car accident involving a pedestrian occurs, the fault immediately goes to the driver, but this is not always true. There are situations where the pedestrian is the one who caused the accident. If you are the pedestrian who have been injured in a car accident, you have to make sure that you were not violating any traffic laws.
Next, injuries sustained following the accident should be significant enough to merit an injury or insurance claim against the driver of the vehicle. An insurance claim is the initial step in acquiring compensation that would help cover for medical expenses, lost wages, and other general damages that you have suffered (including pain and suffering). It usually ends up with a settlement, however if both parties don’t agree on the settlement then they can proceed to a lawsuit in the civil court where the judge or jury will be the one who ill deice on the amount of compensation and damages that will be awarded.
It may be easier to file an insurance or injury claim against a driver who stopped and acknowledged their fault in the accident, but in situations where the driver didn’t stop, it may be difficult to pursue a claim. In hit-and-run situations, the best and often the only way to have a valid claim is to immediately report the incident to the police in order to have an investigation. Witness reports and medical records would help prove the accident occurred and validate your claim, which will be field to your own insurance provider. If the police investigation yielded results for possible driver, you may want to consider consulting with a lawyer to determine the next best option for compensation.