Partial Fault Pedestrian Accidents

Answer:

The other day we took a call from a nice woman who was struck in a crosswalk, as a pedestrian, by a car turning off a busy road. She had already, unfortunately, been speaking with the driver’s insurance company. The insurance company was trying to tell her that she was partially at fault for the injury, or the collision and resulting injuries, and as such offered her a very, very small amount for what she was going through. We met with her and told her, importantly, two things – one, stop talking to the insurance company, and, two, the information you’re getting from the insurance company is not always right. They don’t represent you, the injured person; they represent the knucklehead who caused the injury.

As we worked through her facts, she informed us that the insurance company believed that she may have stepped off the curb into the crosswalk. This was a busy intersection where she had to cross eight lanes to get to the other side. She was just stepping into lane eight when she was struck. The driver of the car said immediately before striking her, rather than swerving out of the way, he looked to the “walk” sign and could see that it had the red hand up. We explained to this woman that that was as good a fact for her case as for anything else. The ultimate answer is, yes, she could have been partially at fault. If she did something negligent and failed to protect herself, then she could bear part of the responsibility. In this case, we didn’t think that she did, and, as it proves out, she did not. We obtained a nice recovery for this woman, enough to pay for her lost wages, her extensive medical bills, and for the pain, suffering, worry, concern and all the disruption to her life. A pedestrian could be partially at fault. In this case, the pedestrian was not. At Hepworth Holzer, we have handled hundreds and hundreds, maybe thousands, of pedestrian injury cases. We know the game, and we can keep the insurance company from doing what they would try to do to you. We’re experienced and know how to maximize your claim for your benefit. We look forward to hearing from you. Please give us a call.