Pedestrian Accidents
Pedestrian accidents are an exception to the general rule that insurance coverage for medical expenses is not available from the at-fault party until the entire claim is resolved. For pedestrian accidents auto insurance of the at-fault party will provide immediate medical benefits.
Liability and recovery for injury is not automatic. As with any personal injury claim the damages may be reduced by any fault on the part of the injured person.
In one Washington case a pedestrian walked in front of a vehicle as the driver was preparing to enter a roadway. The pedestrian realized the driver had never looked in her direction, but proceeded to walk in front of the car. Although the pedestrian had the right of way, the jury found the pedestrian 50% at fault for her own injuries and the result was upheld in appeal. This firm was not involved in that case.
If you have been injured as a pedestrian do not assume you will be failry compensated. Have an injury attorney review your case.