Due to the enormous size difference between a motor vehicle and a pedestrian, the potential for severe injuries is significant when the two collide. In many cases, a pedestrian struck by a car could suffer permanent — or even fatal — injuries.
Your auto liability policy covers you in accidents involving another vehicle, but does it also protect you if you strike a pedestrian?
The good news is that your liability policy should cover a pedestrian’s injuries if you were responsible for the crash. Unfortunately, there may still be legal and financial consequences even when insurance coverage applies.
Liability in a pedestrian accident is not always straightforward. While pedestrians generally have the right-of-way when crossing a road, there are exceptions. In certain circumstances, a pedestrian may be partially or fully at fault under the law. Our New York City pedestrian accident lawyers can advise you of your legal rights and options.
What liability insurance will cover
Liability insurance is mandatory throughout the country, including in New York. These policies are designed to protect drivers from financial losses related to accidents they cause. Typically, liability insurance pays for injuries and property damage suffered by others.
However, other drivers are not the only people who may file a claim against your policy. Passengers in your vehicle or owners of roadside property damaged in a crash may also pursue compensation.
If you strike a pedestrian with your vehicle, that person may file a claim under your liability insurance policy. If your insurance carrier determines you were at fault, it may negotiate a settlement on your behalf.
The benefits available to an injured pedestrian under your liability policy can be extensive. They may include compensation for:
- Emergency room treatment
- Hospital expenses
- Medical procedures and rehabilitation
- Physical therapy
- Lost wages caused by time away from work
An injured pedestrian may also retain a personal injury attorney to pursue additional damages related to the accident.
When pedestrians are at fault
An important part of the claims process involves determining who was responsible for the accident. Although pedestrians typically have the right-of-way, there are situations where they may be legally liable for a collision.
For example, a pedestrian who suddenly steps into traffic without warning or outside of a designated crossing area may share responsibility. A pedestrian may also be at fault if they are walking in areas where pedestrian access is prohibited.
If your insurance company determines the pedestrian was at fault, it may deny their claim. In some situations, the insurer may even pursue subrogation against the pedestrian in an effort to recover money paid on your behalf.
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Unexpected consequences
Liability insurance can be invaluable after an accident. However, there are still important issues to consider.
One major factor is your policy limits. While your insurer may be required to pay valid liability claims against you, it is only obligated to do so up to the limits of your coverage. For example, if your bodily injury coverage limit is $50,000, the insurer will generally not pay more than that amount. If the pedestrian’s injuries exceed your policy limits, you could be personally responsible for the remaining damages.
It is also important to remember that filing a successful claim against your liability policy may affect your future insurance costs. Insurance companies often raise premiums after an accident, meaning you could end up paying more out of pocket over time.
How Douglas & London can help
If you have been involved in an accident with a pedestrian, it is important not to jump to conclusions about fault. While you may initially feel responsible, the pedestrian could have contributed to the accident under New York law.
Fault is a legal determination best left to attorneys and insurance investigators. For that reason, you should avoid admitting fault immediately after a crash, especially before the facts have been fully reviewed.
To protect your rights or discuss pursuing compensation for your own damages, contact the New York City personal injury lawyers at Douglas & London today to schedule a free consultation.
