Pedestrian accidents are a serious matter. Vehicles weighing in at over 3000 pounds, or 1300 kilograms, can cause serious harm to the average pedestrian. Crossing a road or intersection, even within the designated areas, can result in life-altering interactions between cars and pedestrians. As a result, these pedestrian/motor-vehicle accidents are treated differently from car accidents involving multiple vehicles.
If you were involved in a car accident involving multiple vehicles and decided to sue the other driver, you would have the onus of proving on a balance of probability (i.e. that it is more likely than not) that the other driver was at fault for the accident. However, if you were injured as a pedestrian, you do not have to prove that the driver was at fault for the accident. Instead, the driver must disprove that he or she was at fault. In other words, there is a "reverse onus" on the driver to show that he or she was not at fault for the accident. The advantage thus lies with the pedestrian, and the driver's insurance company is potentially on the hook for any settlement that is indicated.
If you were a pedestrian that was struck by a vehicle, you could be entitled to benefits and compensation from the driver's vehicle's insurance company.
If you are injured as a result of a pedestrian-motor vehicle accident, please contact us to ensure that you are aware of your rights and receive maximum compensation for your injuries.
James K. Fireman