Things You Should Know if You Are a Pedestrian Hit by Car:
New Mexico, now known as the most dangerous state for pedestrians, had 75 pedestrian fatalities in 2014. According to the NHTSA, 12% of all pedestrian fatalities involved being hit by a car.
If You Have Been Hit By A Car As A Pedestrian
As a pedestrian hit by a car, you may be able to recover damages from the driver if, in fact, he or she was negligent.
Even if the defendant in the car accident case does not have insurance, the pedestrian’s own automobile insurance may provide the pedestrian with money to cover medical expenses, pain and suffering, and even punitive damages that the negligent driver would otherwise be responsible to pay.
Sometimes, the county, the city, or the state may be held responsible for the injuries to a pedestrian caused by a car, e.g. failing to place a stop sign at an intersection.
An accident involving a pedestrian can often be life-changing for that person, as pedestrians hit by cars are often seriously injured. Due to the seriousness of this type of accident, it is important to know if the driver may be held responsible or liable for all of the damages incurred.
Pedestrian-Related Damages Can Include:
- Medical Bills
- Lost Income
- Future Medical Bills
- Pain and Suffering
- Emotional Stress
- Punitive Damages
There are many variables that must be determined in order to place value on the facts of your particular case:
Location of the accident, car speed, circumstances of the case (did driver run a red light?) and whether drugs and alcohol were involved, and many other factors may determine whether the driver is guilty of negligent or reckless conduct.
Determining Fault In A Pedestrian Accident
Additionally, these are all factors in determining fault in a pedestrian accident, which must be determined for the purpose of apportioning, or sorting out the blame, and the monetary repercussions of that blame. This is because there are many defenses that will be used by the negligent driver and his insurance company to avoid compensating you for your damages, all of which a good attorney will identify, and counter, if possible.
An example of this kind of defense is when an insurance company tries to deny responsibility by blaming the pedestrian for the accident or saying that the pedestrian was also at fault. These defenses are known as contributory negligence or comparative fault and, while they will no longer act as a total bar on your case, they can act to reduce your recovery in New Mexico.
Thus, if you were a pedestrian hit by a car in the state of New Mexico, your first move should be to protect your legal rights by seeking the advice of a competent accident attorney in New Mexico.
Although the road to settlement can be tedious (because some damages may be difficult to measure), The Davis Kelin Law Firm is here to assist you in evaluating your entire situation and determining which path is right for you.
Remember, you generally have 3 years to file a lawsuit from the time of the accident and the time limits are significantly shorter if you are suing a government entity.
Please don’t hesitate to call or email us to review your case and come up with a plan that works for you.