Unfortunately, pedestrian accidents regularly occur because automobile drivers are not vigilant in maintaining a lookout for walkers and runners. These accidents take place despite the caution generally exercised by pedestrians. As the above statistics indicate, in an accident between a pedestrian and automobile, the pedestrian generally loses the battle. Unfortunately, these types of collisions are all too common on our roads and interstates today. The investigation of these accidents is made more complicated by the inherent bias that often exists with members of law enforcement and the public against walkers and runners.
The severe, debilitating and permanent injuries that arise from pedestrian accidents with automobiles, motorcycles and trucks result in significant financial losses to the individuals involved and their families. However, the law provides an injured person with the right to recover his or her damages from the responsible party. Such damages include, but may not be limited to, medical expenses, lost wages, funeral expenses and other economic losses. Individuals are also entitled to recover for the pain and suffering caused by their injuries and treatment. The spouse of the injured person is entitled to recover for the loss of the services of his or her spouse. Although a monetary recovery can never repair the damage that is done to the individual, it can at least ease the financial burdens created when a pedestrian is injured in a car accident.
The insurance company for the automobile, motorcycle or truck will start an investigation of the pedestrian accident immediately. The insurance company will try to limit the recovery of the injured pedestrian to the lowest possible amount. Accordingly, these companies have established very specific and elaborate procedures on handling pedestrian accident claims, especially in the early stages of the claim. If you wish to discuss your claim with an Atlanta lawyer handling pedestrian accidents involving automobiles, Motorcycles and trucks without any charge or obligation, click here.
Immediately after a pedestrian accident, the insurance company will take recorded statements from the persons involved in the pedestrian accident, interview witnesses, have photographs taken, obtain the police report and try to establish the extent of the injuries suffered by the pedestrian. The insurance company is usually able to accomplish all of these items within the first week after the pedestrian accident and many of them within the first 24 hours after an accident between a pedestrian and an auto, motorcycle or truck.
The approach or tactics of insurance companies vary; however, many insurance companies try to reach a quick settlement with an injured pedestrian. Their purpose is to avoid responsibility for future medical expenses, lost wages and other damages that are likely to develop. This is a trap that an injured pedestrian needs to avoid. When a person is injured in a pedestrian accident, it very often takes months to completely assess the person's injuries. At that point, the person may need surgery or other extensive treatment.
The injuries may leave the person permanently disabled even after corrective surgery. Therefore, the true value of a claim from a pedestrian accident can only be assessed after a physician has established a firm prognosis. The State of Georgia provides in most, but not all cases, a two-year period of time in which to file a lawsuit on a personal injury claim arising out of a pedestrian accident. Accordingly, there is no need to rush to a settlement with the insurance company for the auto, motorcycle or truck. You may only regret the settlement later when your injuries have become progressively worse.
There are other significant issues that develop for persons injured in a pedestrian accident with a car, motorcycle or truck. For instance, if your health insurance company pays for your medical bills they will very often seek reimbursement from your settlement with the insurance company or company for the auto, motorcycle or truck. There are significant limitations on their right to obtain such reimbursement. If you wish to discuss your claim with an Atlanta lawyer handling pedestrian accidents involving automobiles, Motorcycles and trucks without any charge or obligation, click here.
Likewise, if you were on the job when injured, the worker's compensation insurance company will try to obtain reimbursement of their payments for medical expenses and lost wages. Again, there are significant limitations on their right to receive reimbursement. These are important issues that you need to understand prior to agreeing to any settlement with the insurance company for the auto, motorcycle or truck.
In the State of Georgia, individuals are required to maintain liability insurance coverage for auto accidents. The minimum requirements for bodily injury liability insurance coverage in Georgia are $25,000.00 per person and $50,000.00 per accident. Since these insurance limits may be insufficient to cover the claim of an injured person, very often the injured person must explore what other insurance is available to the responsible driver or the extent of the driver's personal assets.
The responsible driver may have the right to coverage from insurance policies of family members, an employer, a rental car company or from an "umbrella" policy. In addition, other unknown persons or entities may also have liability for the collision. For instance, if a light was defective, a government agency may share responsibility for the collision. The time frame for sending the mandatory notice to a government entity is very short. Further, your own insurance policy may provide you with additional coverage for your injuries from a pedestrian accident.
Determining the appropriate value of a claim for personal injury from a pedestrian accident involving an auto or truck is complicated. It involves evaluating the nature and extent of the injury, the economic losses that are recoverable, and the liability issues related to the pedestrian accident. The location where a trial would take place and any prior injuries suffered by the claimant are issues that are also factored into any evaluation of a personal injury claim. If you wish to discuss your claim with an Atlanta lawyer handling pedestrian accidents involving automobiles, Motorcycles and trucks without any charge or obligation, click here.
Insurance companies for automobiles, motorcycles and trucks have vast experience in evaluating personal injury claims from pedestrian accidents and will seek to obtain the lowest settlement possible. Therefore, it is important to have an attorney or lawyer with considerable experience dealing with the insurance company on your behalf. Generally, it is best to retain an Atlanta, Georgia pedestrian accident lawyer or attorney who regularly handles personal injury claims involving pedestrians. Your attorney or lawyer must be prepared to institute litigation on your behalf if the insurance company is unwilling to settle your claim for a fair value.
If you wish to discuss your claim with an Atlanta lawyer handling pedestrian accidents involving automobiles, Motorcycles and trucks without any charge or obligation, click here.
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- Insurance: Locating and Identifying and Accessing Available Coverage
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- Preserving Evidence and Legal Strategies for Destroyed Evidence
- Private Human Factors Experts – Cost/Benefit Analysis, Finding Experts and Daubert Challenges
- Red Flags for Pedestrian Accident Cases You May Wish to Avoid
- Road Defects (Traffic Signal Malfunction, Negligent Road Design, Etc.)
- Rules of Road for Pedestrians vs. Vehicles: Statutory and Case Law Considerations
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