If I am injured by a motor vehicle or a loved one is killed as a pedestrian, can I sue the driver that hit my family member or me?
By GNGF on January 19th, 2023 in
If a driver negligently hits and injures or kills a pedestrian, then the at-fault driver is responsible legally for the injuries and losses caused by the accident. Also, a pedestrian’s own automobile insurance provides certain protection to the pedestrian, including medical payments and personal injury protection, and uninsured and underinsured motorist coverage. This may leave you wondering whether you suing a driver following an accident to recover those damages is a possibility.
Yes, suing a driver following a pedestrian accident is an option. You will file a personal injury claim against the driver and his or her insurance company for your injuries. If a loved one was killed by a negligent or careless driver, you will file a wrongful death claim against the at-fault driver.
In the beginning, your attorney is simply filing a claim on your behalf, asking for a specific amount of damages based on your injuries, lost wages, and pain and suffering. If your attorney is unable to convince the insurance company to pay a full and fair settlement, then a lawsuit will be filed on your behalf. This lawsuit may actually go all the way to a trial or could settle prior to the jury reaching a verdict. The vast majority of personal injury claims settle either before a lawsuit is filed or before the jury has a chance to reach a verdict.
In your claim or lawsuit, you will be asking for both economic and non-economic damages. Economic damages are those that have a specific number attached because they are easy to quantify. Medical expenses, including ambulance costs, physician expenses, surgical costs, the cost of prescription drugs, rehabilitative therapies, and any necessary assistive devices all fall under medical expenses.
If you are unable to return to work for days or weeks, you will be entitled to lost wages. If you cannot return to work for months, years, or ever, then your attorney will calculate lost future wages based on your job, your age, and the expected trajectory of your career. Non-economic damages are those that are much more difficult to quantify and include pain and suffering—both physical pain and emotional pain and trauma. A knowledgeable personal injury attorney can guide you through the process of suing a driver.
My pedestrian accident was clearly the driver’s fault, and he was cited. Why should I hire a lawyer and have to pay him out of my settlement?
A good personal injury lawyer can dramatically increase the value of the case. Don’t just take my word for it. The results of a 1999 study from the Insurance Research Council (IRC) found that the decision to hire an attorney pays substantial dividends for automobile accident victims. In the report from the IRC titled “Auto Injuries: Claiming Behavior and Its Impact on Insurance Costs,” the IRC found that insurance payouts are, on average, 3.5 times higher for clients who have hired an attorney than for those without one. The statistics are clear: suing a driver is much easier with a knowledgeable personal injury attorney at your service.
Unless you have significant legal experience and knowledge, trying to negotiate with an insurance company on your own is inadvisable. An experienced personal injury attorney can be your most valuable asset as he or she fights for you and for your future. Once your attorney takes over, you can focus on getting the medical treatments you need to get better while your attorney focuses on obtaining a full and fair settlement. When liability is unclear, it falls to you—or your attorney—to prove fault and prove that you did not cause the accident. Police records, photos of the accident, medical records, video surveillance, eyewitness testimony, and accident re-creation can all help prove who caused your accident. These things are much more difficult for you to obtain than they are for an attorney.
Claimants with legal representation are much more likely to receive a full and fair settlement because your attorney knows every strategy available to lead to the best resolution for you. Since there’s no cost to you if you don’t win your claim, there is absolutely no reason not to hire a knowledgeable personal injury attorney from Harmonson Law Firm. Suing a driver following a pedestrian accident can be much easier with an experienced attorney on your side.
How Can Harmonson Law Firm, with offices in El Paso, TX, and Las Cruces, NM Help?
At Harmonson Law Firm, we are small but mighty. Our focus and dedication to our clients’ cases are unparalleled. We offer the compassion and individualized attention that big firms find hard to provide. Attorneys Clark Harmonson and Hadley Huchton have been helping good people hurt in bad accidents for years.
Our attorneys fully understand that you may be feeling overwhelmed and anxious about your future. We can help during this difficult time by taking the burden of dealing with a recalcitrant insurance company from your shoulders. We will fully investigate your accident, help you get the medical treatments you need, and fight for a full settlement on your behalf. Don’t wait—contact Harmonson Law Firm today. Please note that nothing herein is meant as legal advice specifically related to your case.
