You may be surprised and saddened to know that 2021 had the highest pedestrian deaths in more than forty years. There were 7,485 people struck and killed. If you have been a pedestrian accident victim, you may wonder who is responsible for your injuries. While some people are an obvious choice, there may be others you need to name in your lawsuit.
The Driver of The Vehicle
Most pedestrian-car interactions occur at intersections and crosswalks, but they can take place anywhere you walk, run, jog, hike, or sit. The accident can occur on public roadways, parks, or parking lots.
The most obvious person to name in your civil suit is the driver of the vehicle that hit you and their insurer if the police determine they are at fault. Your pedestrian accidents lawyer will get you compensation for the following:
- Medical expenses
- Loss wages
- Damaged property
- Pain and suffering
Depending on how the accident happens, the police may charge the driver criminally as well. The outcome of the criminal case is separate from your criminal case.
Employer of The Driver
If the person who hit you was driving a company car or for a ride-share company at the time of the accident, you could name the driver's employer. The company would own the vehicle if the driver were on a company vehicle. This ownership means that the company insurer, not the driver's personal insurer, would be responsible for paying the claim.
If the driver were driving for a ride-share company and had a fare at the time, the insurer of the ride-share company would be liable. If the driver did not have a fare at the time, you would file a claim against their insurance.
If there were any extenuating circumstances about your accident, your pedestrian accident attorney might need to name a government agency as a part of your civil suit. Some of these extenuating circumstances may include:
- Intersection design flaws
- Poor road design
- Poor road maintenance
- Mismarked crosswalks
If malfunctioning crosswalk lights caused your accident, you might also be able to name the equipment manufacturer. In some cases, there may be multiple parties involved.
When multiple parties are involved, your settlement will depend on whether your state rules by contributory, comparative, or modified comparative negligence.
Most states follow comparative negligence rules, which state that you can recover partial compensation even if the court finds you partially to blame. For example, if the court finds you 25% liable for wearing dark clothing the night your accident occurs and awards you $100,000, you would still receive $75,000.
For more information, contact a firm like Stawicki Anderson & Sinclair.