Fighting the Insurance Defenses In Pedestrian Accident Cases
Walking is an integral part of our everyday lives. We walk to the store. We walk to a friend’s house. We walk as a form of exercise. We walk to relieve stress. We walk to work. Some of us may walk more than others; but nevertheless, we all walk every day. Walking may not seem like a dangerous activity, but it can be. In the blink of an eye, a nice stroll can turn into a life-changing or even fatal experience.
According to the National Highway Traffic Safety Administration (NHTSA), a pedestrian is killed about every 2 hours and injured every 8 minutes in traffic accidents each year. In 2013 alone, pedestrian deaths accounted for 14 percent of all traffic fatalities in motor vehicle collisions. The majority of these pedestrian related accidents occur when pedestrians are crossing the street, even when doing so in a safe and proper manner.
In such cases, the motorist who caused the accident may be held liable for any resulting injuries. The majority of times, the at-fault party’s insurance carrier compensates the injured victim.
Insurance Company Defense Strategies in Pedestrian Accident Cases
Although a motorist may be clearly liable in a pedestrian related accident, it does not mean that the insurance company will be readily paid out. In most cases, the insurance carrier will do everything possible to try to deny liability or at least deny full liability of the accident, in the hopes of avoiding payment or only paying partial compensation.
One of the common defenses insurance companies use is the sudden emergency doctrine. In some cases, if all of the elements are properly proven, this defense can constitute a complete excuse releasing the negligent party from fault.
In cases where the insurance carrier is unable to flip liability, the adjuster may attempt to shift at least part of the blame. Similar to the sudden emergency doctrine, the comparative fault can reduce a portion of the compensation that the carrier may have to pay the injured victim.
A Pedestrian Accident Attorney Can Help Beat Insurance Defenses
If you have been injured or have lost a loved one in a pedestrian related accident, it is a good idea to consult with an experienced attorney to make sure the at-fault motorist and his/her insurance carrier pay the full compensation that you deserve and avoid using defenses to reduce their liability.
Call an Orange County Pedestrian Accident Attorney Today!
The legal team at the Law Offices of Samer Habbas is dedicated to helping our injured clients reach the best monetary settlement when they are involved in any type of accidents.
If you or a loved one has been injured in a pedestrian accident, or any other accident, caused by the negligent or reckless actions of another party, our experienced Orange County pedestrian accident attorneys are available to personally review your case. Call us at 1-888-848-5048 to schedule a free, complimentary consultation with our legal team today.