When a pedestrian is hit by a car, most likely people blame the car driver and look for the driver’s insurance company to clear all medical expenses. However, the circumstance to clear bills varies from situation to situation.
Sometimes the driver has no-fault and the municipal corporation is responsible for poor lightning and potholes on roads.
Before beginning with who will be liable to clear medical bills, let’s know what are the common causes of pedestrian accidents.
- Use of cell phone by driver or pedestrian
- The driver is driving under the alcohol or drugs influence
- People drive more heavy SUVs
- Speed driving
- No pedestrian lane on roads
- No traffic lights, poor lightning facility, and potholes
Who will clear medical Bills?
The liability to clear medical bills depends on three major factors:
- If the accident occurs in a no-fault state. Then the driver’s insurance company will be liable to clear all or some part of the medical expenses of the injured person.
- If the accident did not occur in a no-fault state, then the pedestrian’s health insurer will pay for all expenses.
- If the pedestrian does not have health insurance and the accident occurs at a no-fault state, the insured will be liable to clear his/her own bills.
Claim Against The Driver
When a pedestrian is hit by a car, people generally blame the driver, whether it was his fault or not. As most of the time pedestrians is not using crosswalk due to any reason
The most common reason for it is that state and traffic laws assume that drivers must be more attentive and careful while driving. He must be well prepared to deal with all the hazards on the roads.
In simple words, it’s the driver’s responsibility to see and avoid what is seen around and take care of all precautions.
When a car hits a pedestrian at a crosswalk, it is certainly the driver’s fault and he/she cannot escape from taking liability. On the other hand, when the pedestrian is not using the crosswalk, the game lies in the driver’s hand.
A pedestrian accident attorney can easily prove that the road is not meant for running or playing. Hence, without harming any traffic laws, a person can win the case.
Claim Against Municipality
Municipal corporations are held responsible for accidents under certain conditions. The most common is poor lightning that makes almost zero visibility. Therefore, neither the driver nor, the pedestrian will be held responsible for the accident. Claim to bear medical bills will be borne by municipal corporations.
Another cause can be potholes on the road. This makes the high-speed cars out of control, more important, when there is no sign or board mentioning poor road conditions. During the rainy season, these accidents happen most as potholes are filled with water.
Traffic light failure also results in more accidents, especially when both ends present green signals. It is the municipality’s liability to put some sign or board that informs people about traffic lights issues.
Similarly, some of the other common troubles are shoulder drop-off, construction zone, oil and chip, and wet, icy, or snowy roads.
All these conditions make roads unfavorable to walk and drive. Therefore the responsibility to clear bills goes to municipality shoulders.
Things You Will Need To Claim For Medical Bills Reimbursement
When you are going to prove responsibility, just remember some essential details. These will help you to win the case:
- Police Report: if the police reached the place of the accident, surely, they will prepare your police report containing information related to an accident. Even the same report sent to court directly by police, still a copy can help your attorney to file a case.
- Witness Statements: Irrespective of whether your police report contains eye witness statement records, still independent witnesses can make your case stronger.
- Driver’s Statements: when an accident occurs the responsible party makes a statement like “I was busy on phone”, “traffic lights were not working” etc. if you are able to manage the record’s copy can help to make the case stronger.
- Medical Records and Bills: The doctor’s prescriptions and medical expenses list is essential to know the clear claim amount and ensure the accident really happens. Medical reports also define the internal and external injuries details.
- Lost wages: if your current employer is able to provide written information about your wages and how much you lost, will go in your favor to get the claim.
- Weather reports: your police report contains weather information, still you can approach the National Weather Service and get a report for that day.
Pedestrian Accident claims can be hard without specific guidance. Therefore rather than completing all the formalities choose a professional Pedestrian Accident attorney that can help you to get the claim.