How to Win Against Insurance Companies in a Pedestrian Accident
Walking is a fundamental part of human existence. It was the only way for humans to get around for thousands of years. We walk everywhere. We also walk to the store, to concerts, to friend’s houses. Do not let insurance companies push you around just because you are a pedestrian if you find yourself involved in an accident.
America’s National Highway Transportation Safety Authority estimates that a fatal pedestrian involved accident occurs every two hours in the United States. The NHTSA also estimates that a pedestrian is injured by an automobile every eight minutes in America. In fact, pedestrian deaths made up 14% of all automobile related fatalities in 2013. Most of these accidents happened when people were crossing the road,
It is important to determine liability in accidents. If you or someone you love has been injured by an automobile as a pedestrian then you should know what to expect when seeking damages from an insurance company.
Insurance companies are in business to make money. Paying damages to victims of their customers does not contribute to that goal. Therefore insurance companies will do everything in their power to prevent you from collecting the full amount of the damages that you are owed.
Even in cases where the motorist is clearly at fault for the accident, insurance companies will take every effort to avoid paying full damages. They will try to remove liability. They will try to minimize liability. They will do whatever they have to do in order to avoid paying any compensation or to pay as little compensation as possible. In order to get the full amount of the damages that you are legally entitled to it is important to be able to recognize and counter these legal tricks and tactics that the insurance company will use.
A common defense that insurance companies will employ is the Sudden Emergency Doctrine. This tactic is frequently attempted because it can result in a total removal of liability, preventing the insurance company from having to pay out any damages at all.
Should insurance adjusters fail to flip the liability they will do everything they can in order to minimize it. They will seek and use any possible evidence they can find in order to decrease the responsibility of their customer. This means that they are working their hardest to not pay you the money that you deserve.
There are many ways that insurance companies can try to limit their liability. Most of these tactics involve attacking the victim. Insurance companies will dig into the victims past to look for proof that the victim is at least at partial fault for the accident. Insurance companies will also investigate the victim’s life since the accident in order to argue that the injuries to the victim are not as bad as claimed in an effort to reduce their payments. They will use confusing and mind numbing forms, presenting them to the victim as a mound of paperwork. Sometimes signing these forms can actually waive the insurance company of any liability at all.
What Can Pedestrian Victims Do?
Thankfully there are ways to protect yourself from the legal tricks and tactics of the insurance industry. The best way to make sure that you get the damages that you are entitled to is to retain the services of a qualified lawyer to help you argue your side and defend you against the insurance company attacks.
If you have been seriously injured or have lost a loved one because of the outcome of a pedestrian related accident, you should talk with an experienced attorney to make sure the at-fault motorist and his/her insurance carrier will pay the full amount for damages that you are entitled to and counter legal defenses designed to reduce liability.
The best option is to call an Orange County Pedestrian Accident Attorney Today!
The legal team at Avrek Law Firm is passionate about assisting our injured clients reach the best monetary award.
If you or a loved one has been seriously injured or killed as a pedestrian in an accident, or any other type of accident that were the result of negligent or reckless actions of someone else, our experienced and talented Orange County pedestrian accident attorneys are here to help. Reach us at 866-598-5548 to request a free, complimentary consultation today.