Pedestrians involved in car accidents often face significant injuries, and determining responsibility for medical bills becomes a critical concern. Understanding the legal framework and insurance considerations is essential to ensure that pedestrians receive the necessary medical care without bearing an undue financial burden. Let’s check out things to consider “Who Pays for My Medical Bills After I Was Hit by a Car in New York?”
Liability in Pedestrian Accidents:
- Driver’s Liability:
In most cases, the driver of the vehicle is responsible for a pedestrian’s injuries in the event of an accident. Drivers are expected to exercise reasonable care and adhere to traffic laws, especially in areas where pedestrians have the right of way, such as crosswalks.
- Pedestrian’s Right of Way:
Pedestrians generally have the right of way in crosswalks, and drivers are required to yield to them. If a pedestrian is lawfully crossing the street in a designated crosswalk, the driver may be held liable for any injuries sustained in a collision.
Insurance Coverage for Pedestrians:
- Driver’s Auto Insurance:
The driver’s auto insurance typically covers medical expenses for pedestrians injured in a car accident. Bodily injury liability coverage is a component of auto insurance that pays for the medical expenses of others involved in an accident for which the insured driver is at fault.
- Uninsured/Underinsured Motorist Coverage:
In cases where the driver is uninsured or lacks sufficient insurance to cover the pedestrian’s medical bills, the pedestrian’s own uninsured/underinsured motorist coverage may come into play. This coverage is designed to protect individuals when the at-fault party is unable to cover the full extent of damages.
- Medical Payments Coverage:
Some auto insurance policies include medical payments coverage, which can help pay for the medical bills of the policyholder and any passengers, as well as pedestrians, regardless of fault. This coverage is optional and varies by state.
Legal Recourse for Pedestrians:
- Personal Injury Lawsuit:
If insurance coverage is insufficient or unavailable, pedestrians may pursue a personal injury lawsuit against the at-fault driver. This legal action seeks compensation for medical expenses, pain and suffering, lost wages, and other damages resulting from the accident.
- Comparative Negligence:
In some cases, both the pedestrian and the driver may share a degree of fault for the accident. States with comparative negligence laws allow for proportionate liability, meaning the injured party’s compensation is reduced by their percentage of fault.
Determining who covers medical bills after a car-pedestrian accident involves assessing liability, insurance coverage, and legal options. Pedestrians should be aware of their rights, seek necessary medical care, and explore avenues for compensation, including insurance claims and, if necessary, pursuing legal action with Oresky & Associates, PLLC against the at-fault party.