Pedestrian v. Auto
If a pedestrian is hit by a car, chance are there will be catastrophic injuries or wrongful death resulting. Pedestrians do not always have the right of way against vehicles. On the highways, cars generally have the right of way and pedestrians must yield to cars unless the pedestrian is in a designated and marked crosswalk. There are some other exceptions to this, but in most instances, insurance companies are quick to deny pedestrian claims. As such, it is important that a thorough and complete investigation is done as quickly as possible following an accident with a pedestrian to determine if there is a compensable claim to pursue. We look at a variety of factors to include:
• Location of the impact
• Lighting (natural or artificial)
• Type and color of clothing worn by the pedestrian
• Layout of the accident scene
• Physical proof at the scene such as skid marks, debris from the vehicle, etc
• Speed of the vehicle
• Driving and criminal history of the driver
• Eyewitness testimony
• Testimony of the investigating officer
• Possible accident reconstruction
If you or someone you love has been injured as a pedestrian, call Spann Wilder Law, LLC at (843) 266-7792 or 1-800-866-3830 a free evaluation of the claim.