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How Are Pedestrians Compensated After Being Hit by a Car?

How Are Pedestrians Compensated After Being Hit by a Car?

“In 2015, 5,376 pedestrians were killed in traffic crashes in the United States. This averages to one crash-related death every 1.6 hours,” the Centers for Disease Control and Prevention (CDC) reports. In 2015, of all the children below the age of 15 who were killed in traffic crashes, one in every five killed were pedestrians, the CDC reports.

“Almost half (48%) of crashes that resulted in pedestrian deaths involved alcohol for the driver or the pedestrian,” according to the CDC. Going further, when drivers speed, it increases the likelihood of a pedestrian being struck and experiencing a severe injury.

To learn more about pedestrian accident statistics, click here. To learn how pedestrians are compensated for their injuries after being struck by a motor vehicle, continue reading.

How Injured Pedestrians Are Compensated

Generally, when a pedestrian is struck by a vehicle, the driver’s auto insurance will cover the pedestrian’s damages. However, if the driver is uninsured or underinsured and the pedestrian elected to purchase uninsured/underinsured motorist (UIM) coverage on their own auto insurance policy, their UIM policy may kick in and help pay for their damages.

If the driver was not insured and if the pedestrian did not have their own auto insurance policy with UIM coverage, the pedestrian may be out of luck. The compensation details in a pedestrian accident comes down to the following factors:

  • If the driver had auto insurance.
  • If the pedestrian had UIM coverage.
  • The driver’s personal assets.
  • The degree that the pedestrian contributed to the accident.

If the pedestrian was entirely or partially to blame for the accident, their degree of negligence can have an impact the value of their claim. For example, if the pedestrian was 30% responsible for the accident, the insurance company may reduce the claim by the 30% that the pedestrian contributed to the crash. It all depends on the insurance involved, the driver’s assets, and the pedestrian’s contribution to the accident, if any.

Looking for a Columbia personal injury lawyer to file a pedestrian accident claim on your behalf? Contact us today for a free case evaluation.


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