Who Covers Medical Expenses for a Pedestrian Accident?

Who Covers Medical Expenses for a Pedestrian Accident?

Walking is a fundamental mode of transportation, but it comes with risks, especially in urban areas where pedestrians and vehicles share the same space. When a pedestrian accident occurs, the aftermath can result in overwhelming medical expenses. A Phoenix pedestrian accident lawyer can explain who must cover these costs.

FREE CONSULTATION 24/7

Determining Fault in Pedestrian Accidents

The first step in determining who will cover medical expenses is identifying the party at fault for the accident. In many cases, if a driver's negligence caused the accident, their auto insurance will cover the pedestrian's medical bills. However, the fault isn't always clear-cut, and multiple parties might share liability.

Drivers' Responsibilities

Drivers have a duty of care to pedestrians, which includes following traffic laws, staying alert, and taking reasonable precautions to avoid accidents. When a driver fails to uphold this duty – perhaps by speeding, running a red light, or driving under the influence – you can hold them liable for the resulting damages, including medical expenses.

Pedestrians' Responsibilities

Pedestrians also have responsibilities. They are expected to follow traffic signals, use designated crosswalks, and exercise caution when walking near roadways.

If a pedestrian's actions contributed to the accident—for example, by jaywalking or suddenly stepping into traffic—they might be found partially at fault. This can affect how medical expenses are covered.

When the Driver Is at Fault

In cases where the driver is clearly at fault, their auto insurance policy's bodily injury liability coverage typically comes into play. This coverage pays for injuries to others when the policyholder is responsible for an accident.

The policy limits will determine how much the insurance company will pay for medical expenses and other damages. Understanding these limits is important as they can significantly impact the compensation available to cover your recovery costs after a pedestrian accident.

Underinsured and Uninsured Motorist Coverage

If the driver's insurance coverage cannot cover medical expenses, the pedestrian might need to explore other options. One possibility is underinsured motorist coverage if the pedestrian has such coverage as part of their auto insurance policy. This can help bridge the gap between the at-fault driver's policy limits and the medical expenses incurred.

In some cases, the driver might not have any insurance at all, which presents a significant challenge for the injured pedestrian. In such scenarios, the pedestrian's uninsured motorist coverage (if they have it) can provide a safety net. This coverage protects individuals who are injured by a driver without insurance.

It's important to note that auto insurance isn't the only potential source of coverage for medical expenses in a pedestrian accident. Depending on the circumstances, other parties might be held liable. This broader perspective on liability can open up additional avenues for covering medical expenses and ensuring comprehensive compensation for the injured pedestrian.

If poor road design or maintenance contributed to the accident, the government entity responsible for the roadway might bear some responsibility. This can include city or municipal governments responsible for local roads, state departments of transportation overseeing highways and major thoroughfares, or county authorities managing regional roads.

Examples of government liability might include poorly designed intersections that limit visibility, malfunctioning traffic signals, inadequate street lighting in high-traffic pedestrian areas, lack of proper signage warning drivers of pedestrian crossings, or failure to maintain sidewalks, leading to trip hazards that force pedestrians into the road.

Claims against government entities often have specific procedural requirements and shorter deadlines, making it crucial to seek legal advice promptly.

Private property owners adjacent to the accident site might sometimes share liability. This can occur if overgrown vegetation from private property obstructs driver or pedestrian visibility, a property owner fails to clear snow or ice from their sidewalk, forcing pedestrians to walk in the street, or improperly maintained private parking lots with unclear pedestrian pathways contribute to an accident.

You can hold the construction company liable if the accident occurs in or near a construction zone.

Potential issues include inadequate signage warning of changed traffic patterns, failure to provide safe alternative pedestrian routes around construction sites, or improperly secured construction materials or equipment obstructing pedestrian paths.

Vehicle manufacturers can be responsible if a defect in the vehicle contributed to the accident.

This can extend to brake manufacturers if a brake failure caused the accident, tire companies if a tire blowout led to the driver losing control, or manufacturers of autonomous or semi-autonomous driving systems if a malfunction in these systems contributed to the accident.

In accidents involving rideshare vehicles (like Uber or Lyft), the rideshare company's insurance might come into play, depending on the driver's status at the time of the accident. This adds another layer of complexity to determining liability and coverage for medical expenses.

If the driver who caused the accident was on the job, their employer might be liable under the vicarious liability principle. This can apply to delivery drivers, salespeople traveling for work, or any employee using a company vehicle.

In some cases, organizers of events that affect pedestrian or vehicle traffic might share liability. For example, a marathon organizer who fails to properly secure a race route or a festival planner who doesn't provide adequate pedestrian safety measures for increased foot traffic can be held responsible.

Under dram shop laws in some states, businesses that serve alcohol can face liability if they over-serve a patron who subsequently causes an accident. This can potentially extend liability to bars and restaurants, liquor stores, or event venues serving alcohol.

By considering all these potentially liable parties, a pedestrian accident attorney can explore every possible avenue for covering medical expenses and other damages. This comprehensive approach can be particularly valuable in cases where the primary at-fault party has insufficient insurance coverage or assets to fully compensate the injured pedestrian.

Establishing liability for these additional parties often requires thorough investigation and legal representation. Factors such as the specific laws of the jurisdiction, the exact circumstances of the accident, and the ability to prove causation all play crucial roles in determining whether these additional parties can be held liable.

Identifying All Sources of Compensation

One of the key roles of a pedestrian accident attorney is to identify all potential sources of compensation. This might involve looking beyond the obvious and considering factors the average person might overlook.

For instance, they might investigate whether a nearby business's security cameras captured footage of the accident or whether a vehicle's "black box" data recorder contains information that can prove fault.

Ensuring Comprehensive Coverage

A pedestrian accident lawyer can also ensure that any settlement or judgment includes all current and future medical expenses. This is particularly important in cases involving serious injuries that may require ongoing treatment or result in long-term disability. Without proper legal representation, an injured pedestrian might accept a settlement that covers their immediate medical bills but fails to account for future medical needs.

Negotiating with Insurance Companies

A pedestrian accident lawyer can level the playing field when dealing with insurance companies.

Insurance adjusters are trained to minimize payouts and may use various tactics to reduce the amount they have to pay for medical expenses. An experienced attorney can counter these tactics and negotiate effectively on behalf of the injured pedestrian.

Litigation in Pedestrian Accident Cases

In some cases, litigation may resolve who covers medical expenses. If negotiations with insurance companies fail to produce a satisfactory result, a pedestrian accident lawyer can file a lawsuit and represent the injured party in court. This lengthy and complicated process might cover all medical expenses.

Statutes of Limitations

It's important to note that there are time limits, known as statutes of limitations, for filing lawsuits related to pedestrian accidents. These vary by state but generally range from one to three years from the date of the accident. This underscores the importance of seeking legal advice promptly after a pedestrian accident.

Protecting Yourself Before an Accident

While this discussion has focused on who covers medical expenses, it's worth briefly touching on steps pedestrians can take to protect themselves before an accident.

If possible, carry adequate health insurance, as it can provide a safety net regardless of who is at fault in an accident. Additionally, for those who own a car, considering uninsured and underinsured motorist coverage as part of their auto insurance policy can provide extra protection even when walking.

Dealing with Immediate Medical Expenses

It's worth noting that determining fault and securing coverage for medical expenses can take time. In the meantime, injured pedestrians may need to rely on their health insurance or pay out of pocket for medical treatment.

Keeping detailed records of all medical expenses, including bills, receipts, and correspondence with healthcare providers, can be beneficial if seeking reimbursement later.

Treatment on a Lien Basis

In some cases, healthcare providers may provide treatment on a lien basis, meaning they agree to offer medical care with the understanding that payment will occur once the pedestrian accident case settles or the court issues a judgment.

This arrangement can be crucial for those who require immediate medical attention but may face financial constraints. A pedestrian accident attorney can play a vital role in negotiating and facilitating these agreements, ensuring you receive necessary medical treatment without upfront costs while your case progresses toward resolution.

Long-Term Implications of Pedestrian Accidents

It's also important to consider the long-term implications of a pedestrian accident. Some injuries may have lasting effects that require ongoing medical care.

In such cases, any settlement or judgment should consider current medical expenses and projected future medical costs. This might include physical therapy, follow-up surgeries, medication, or adaptive equipment costs.

Psychological Impact and Treatment

The psychological impact of a pedestrian accident also warrants active consideration. Many accident victims experience anxiety, depression, or post-traumatic stress disorder following a serious incident.

The costs of mental health treatment related to the accident may also be recoverable as part of a comprehensive claim for damages.

Criminal Charges in Pedestrian Accidents

It's also worth noting that in some cases, criminal charges may be filed against a driver who causes a pedestrian accident, particularly if the driver was under the influence of drugs or alcohol or if they fled the scene of the accident.

While criminal proceedings are separate from civil claims for medical expenses, a criminal conviction can sometimes strengthen a civil case by establishing the driver's fault.

Hit-and-Run Accidents

In the event of a hit-and-run accident in which the driver cannot be identified or located, covering medical expenses becomes even more challenging. In such cases, the pedestrian's uninsured motorist coverage (if they have it) becomes particularly important. Some states also have victim compensation funds that can financially assist pedestrians injured in hit-and-run accidents.

Contact a Pedestrian Accident Attorney Now

Given these issues, consult a pedestrian accident attorney if you or a loved one has experienced a pedestrian accident. A legal professional can provide personalized advice based on the specifics of your situation, show you your rights, and guide you through seeking compensation for your medical expenses and other damages.

Don't let uncertainty about medical expenses add to the stress of recovering from a pedestrian accident.
Reach out to a pedestrian accident attorney today to discuss your case and explore your options for covering your medical expenses and other accident-related costs. With the right legal support, you can focus on your recovery while your attorney works to protect your rights and medical expenses.