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Pedestrian Accidents: Who Covers the Medical Expenses?

Nevada Pedestrian Lawyers - Benson & Bingham

Pedestrian accidents are some of the most horrific accidents that can occur. Not only are the victims of such accidents often left with devastating injuries, but also the death rate from pedestrian accidents is exceptionally high and continuously rising across the nation.

If you have been in a pedestrian accident, you must understand what you need to do to protect your legal rights and how to pursue compensation from the at-fault parties. In this blog post, we discuss all of this information, including how an experienced pedestrian accident lawyer can help you navigate the entire legal process, provide you with the answers you need, and help you fight for justice.

Pedestrian Accidents and the Right to Compensation

If a pedestrian sustains an injury in an accident due to someone else’s conduct, that pedestrian has a right to pursue compensation from all at-fault individuals for resulting medical expenses and other costs. There are essentially two ways for a pedestrian to recover damages: (1) filing a claim with the at-fault driver’s insurance company or (2) filing a pedestrian accident lawsuit.

Regardless of which avenue to compensation a pedestrian accident victim chooses, it is important to know that both options may prove time-consuming, require extensive evidence, and require the assistance of an experienced pedestrian accident lawyer. During the claims negotiation and settlement process, the insurance claim adjuster will either deny the victim’s claim or try to settle for as little as possible.

In a pedestrian accident trial, the court will require the victim to show that the at-fault party was indeed responsible for the victim’s damages and injuries. That is why if you want to pursue damages following a pedestrian accident, you should contact an experienced and skilled pedestrian accident attorney as quickly as possible.

Who Can Pedestrians Sue for Their Injuries After an Accident?

Pedestrian accidents are all different, and as a result, they can include many different potential defendants, including the following:

  • Other negligent motorists or bicyclists
  • Employers of the negligent driver, if the motorist was on duty at the time of the accident
  • Car manufacturers, if the vehicle involved in the accident was defective
  • Government agencies, if they were negligent in maintaining traffic signals and safe roads

Determining Fault

Nevada is an at-fault state, meaning that before pedestrian accident victims can pursue legal action against at-fault parties, the injured individuals need to prove that the other party (or parties) caused the accident. Generally, fault in a pedestrian accident is based on negligence, which is the failure to act with a reasonable and ordinary degree of care.

While motor vehicle drivers and bicyclists are often found at-fault for pedestrian injuries, sometimes a pedestrian may end up being partially at-fault for the accident, as pedestrians still have a duty to reasonably follow traffic safety laws. That is why it is critical to talk with a pedestrian accident lawyer as soon as possible to establish fault for your injuries and to file a claim against the at-fault parties.

Paying Medical Bills in a Pedestrian Accident

In Nevada, if you are injured in a pedestrian accident that was caused by another party, then that party is responsible for your damages and medical bills. If the at-fault party does not have insurance or is under-insured, your own auto insurer may face liability under Nevada’s uninsured motorist policy. It is important to note that when going through this process, regardless of which party’s insurance company is involved, there is a high likelihood that the insurer will deny liability or try to delay making payments in the hope that you settle for less than your case is worth.

Going through this process is not only tedious and frustrating, but also your medical bills will not stop while you are negotiating with the insurance company. That is why, in the meantime, it is imperative to understand your other options for pursuing compensation following a pedestrian accident.

These options include:

  • Payment under Nevada’s Med Pay auto insurance—however, this depends on whether or not you have insurance coverage.
  • Payment under your health insurance policy or a government assistance program, such as Medicare.
  • Treatment from a medical provider that is willing to accept a lien instead of immediate medical payment.

What if the Settlement Does Not Cover All of My Medical Bills?

When an insurance company offers you a settlement that is not large enough to cover all of your bills, if you accept this offer, you will wind up on the hook for the rest of your expenses and medical bills. When presented with such an offer, you should turn it down and file a lawsuit.

Retaining a skilled pedestrian accident lawyer can help you evaluate your case’s strengths and improve your bargaining position, while also helping you go after additional compensation by negotiating with the insurer. In some situations, your pedestrian accident lawyer may consult with your medical providers to reduce your medical bills or delay payment until after your case has concluded.

How Will an Experienced Pedestrian Accident Lawyer Help?

Pedestrian accidents are scary ordeals. The injuries are often quite severe, and the amount of evidence required when pursuing a pedestrian accident claim may prove overwhelming for anyone. However, having a knowledgeable pedestrian accident lawyer on your side can help you get through the legal process from start to finish, with the assistance, support, and answers that you need.

These pedestrian accident lawyers can:

  • Review the facts of the case and figure out who caused the accident.
  • Prove the at-fault parties’ negligence and gather supporting evidence.
  • Handle all of the communications and negotiations with the insurer to help to maximize your compensation.

If you or a loved one has sustained an injury in a pedestrian accident, do not wait any longer. Contact an experienced and knowledgeable pedestrian accident lawyer today to get the legal help that you need. for more information about what to do after a pedestrian accident speak with our attorneys today.

 

Benson and Bingham