Myths And Truths About Hitting A Pedestrian With Your Car


If you've hit a pedestrian with your car, you might be worried about what is going to happen next.  First, it's critical to separate the facts from the myths so you can move forward confidently. Here's a look at a few of the myths regarding hitting a pedestrian with your car and the truth behind them:

Myth: You shouldn't talk to the victim.

Fact: This statement is partially true. If you run over a pedestrian or get into any other kind of accident, you should not talk extensively with the victim or his friends or family. If you are awaiting trial, you definitely should not talk to the victim but rather should address all communication to his or her lawyer or insurance company.

In particular, you should not apologize or do anything else that may indicate culpability for the incident. However, immediately after the accident, you should talk to the victim. Simply, make sure that you have contacted help if necessary, and give the victim your insurance information.

Myth: It's always the driver's fault.

Fact: When a car hits a pedestrian, it may seem like it's almost always the car's fault simply because of the size and power difference between the entities involved. However, in some cases, blame can be assigned to the pedestrian. For example, imagine you were following all the rules of the road and a pedestrian jumped out in front of you. In this case, a judge may decide that the fault belonged to the pedestrian.

When it comes to assigning fault in a personal injury case, there are a few different models that can be employed. If you live in a state that has contributory negligence laws and a pedestrian sues you for running over them, you can counter sue. To negate their claim, your lawyer just has to prove that the pedestrian contributed to the issue.

However, most states use a comparative negligence model. This can be used in one of two ways. Under a pure comparative negligence model, your lawyer argues that the pedestrian was responsible for a certain percentage of the accident, and your payment is reduced accordingly. To illustrate, if the pedestrian successfully sues you for $100,000 but the court decides that the pedestrian was 25 percent responsible, the amount you have to pay would be reduced by 25 percent.

In a modified negligence model, your lawyer simply has to prove that the pedestrian was responsible for at least 50 percent of the accident. If your lawyer does this successfully, you don't have to pay anything for the settlement. Talk to a personal injury lawyer about the contributory and comparative negligence laws in your state.

Myth: The driver's insurance always pays for the pedestrian's medical bills.

Fact: If you hit a pedestrian, in some cases, your insurance may have to cover the pedestrian's medical bills. For example, if you live in a no-fault state, your insurance company will typically cover the pedestrian's medical bills up to your PIP (Personal Injury Protection) limit.

However, in other cases, the pedestrian's medical insurance or even his car insurance policy may cover the bills. In other cases, if your insurance doesn't cover all of the costs, the pedestrian may take you to court and try to get additional compensation for his or her injuries.

Myth: You cannot be taken to court twice for the same accident.

Fact: The United States has a law against double jeopardy. This means that if you are acquitted, you cannot be taken to trial for the same or a very similar offense again, unless the case is appealed to a higher court. However, it's important to note that there is a difference between civil and criminal cases, and as a result, you may be acquitted in a criminal court and still charged in a civil suit.

For example, imagine you were charged with reckless driving for the incident that involved hitting the pedestrian. You went to trial, and you were acquitted of the charge. As a result, you cannot be taken to a criminal trial over that incident again (unless the ruling is appealed to a higher court). However, the victim may opt to bring a civil suit against you to sue you for pain, suffering or other damages.

To learn more about the truths and myths related to hitting a pedestrian, contact a personal injury lawyer (like those at Dunnigan & Messier P.C.) They can help you stage the defense you need in a personal injury case.

 

About Me

The Law Is Blind

Thanks for visiting my fun little blog on the legal system. I'm Jane Campbell. I have always wanted to be a part of the legal profession. I find law fascinating and I read everything I can find about the subject and hope to attend university someday. The only thing that prevented me from pursuing this profession was my social anxiety disorder. While I am in the process of trying to recover from this condition, I've decided to create a blog so I can talk to others about a subject that I hold so dearly. I hope my posts will be useful for you.

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