Pedestrian Accident Attorney Auburn, Massachusetts

Cars and truck Mishaps With Pedestrians in Auburn, Massachusetts

Here’s exactly what to do, and ways to determine fault, if you struck a pedestrian.

How long ago did the incident happen?

Striking a pedestrian while driving a vehicle is a scary event, but not unusual. According to stats collected by the National Highway Traffic Safety Administration, over 60,000 pedestrians were injured in traffic accidents in 2006. Striking a pedestrian at a speed of over 30 miles per hour leads to more major injuries and casualties– yet a motorist can severely disable a pedestrian in a crash where the motorist is traveling only 10 miles per hour.

As a driver, it’s important to know exactly what to do instantly after an accident with a pedestrian. By staying calm and speaking to the right parties, you can lessen your liability. Drivers ought to likewise discover the standard guidelines of fault, how injuries and damages will be compensated, and most significantly, ways to avoid such mishaps in the first place.

What to Do Right away After the Accident – Information for Auburn, MA 01501

A lot of drivers that hit pedestrians are very upset immediately after the mishap. Take a deep breath and concentrate on the following:

  • Security precedes. First, get any injured individuals to a location of security. Do not attempt to administer medical treatment beyond what is needed of you in an emergency situation, such as CPR.
  • Get medical and legal aid. Next, call the police, medical care suppliers, and auto insurance coverage providers (the motorist’s and the pedestrian’s). If you are dealing with possible criminal charges for the accident, such as owning under the influence, contact a criminal defense attorney for yourself if you can. When the authorities and your insurance agent show up, provide genuine statements to them about how the accident happened.
  • Exchange contact info, however not much more. If the pedestrian is not incapacitated, exchange your name, telephone number, and insurance details with them. Prevent talking extensively with the pedestrian or their good friends or relative. Confessing fault, or making statements such as “I feel so guilty,” could expose you to a personal injury claim. You ought to also avoid speaking straight to the pedestrian’s attorney or vehicle insurance company. It is necessary to have your auto insurer communicate with the pedestrian’s attorney, car insurance provider, or pedestrian themselves.

Who Is at Fault?

When a motorist hits a pedestrian, often the most significant question is: Whose fault was the mishap? Generally, fault is determined by the law of negligence. An individual who cannot work out an affordable requirement of care under the situations might be considered “irresponsible.”.

Nevertheless, both the chauffeur and the pedestrian can be negligent. For instance, the pedestrian may be crossing the street illegally while the driver is taking a trip in excess of the posted speed limit. This scenario is treated differently in different states.

Some states, such as Maryland and Virginia, follow what’s called a “pure contributing negligence” rule. This implies that if the pedestrian contributed in the smallest bit to the mishap, then he and his vehicle insurance company can not recuperate damages from the motorist and his car insurer.

Other states follow a “relative fault” guideline. This means that a pedestrian can recuperate some damages even if he was partly at fault.

Cops Reports and Insurer Findings: Procedure for Auburn, Massachusetts 01501

The police will take statements from the driver, pedestrian, and witnesses to identify who was at fault. They may make a conclusive finding on the spot or perform a detailed investigation to make the finding later on.

The police report from the accident will show which celebration the police officer saw as being at fault. Car insurer, however, may challenge this finding. Insurer generally send out an adjuster to the scene of the accident, or see the damage to individuals and home right after the accident has occurred. If you think that your insurance company will unfairly appoint you a higher percentage of fault, consider maintaining an injury attorney to argue that you have a lower percentage of fault.

Insurance Protection for Pedestrian Accidents

Injured pedestrians are usually covered under their health and disability insurance policies, or worker’s settlement coverage, if the accident occurs on the job. They may likewise be covered under one or more auto insurance plan.
Payment Under Car Liability Insurance.

A hurt pedestrian can typically file a claim versus the driver’s or car owner’s automobile liability insurance policy. Almost all states require that automobile owners and chauffeurs bring liability insurance to cover accidents to 3rd parties and damage to 3rd parties’ residential or commercial property. Healings depend on whose fault the mishap was and numerous state statutes.

Payment Under No-Fault Coverage

Some states, called “no-fault” states, require insurance provider to spend for the medical expenses and lost wages of their own policyholders, regardless of who is at fault. This is likewise called accident defense (PIP).
When it concerns coverage for injuries to pedestrians in no-fault states, laws in between the states vary. In some states, the motorist’s insurer pays the amount of the pedestrian’s medical expenses up to the PIP limit, even if the accident is the pedestrian’s fault. There are exceptions to this payment scheme. For example, in New Jersey, if a pedestrian is not guaranteed, she or he may be paid of an unique state-mandated fund called the Unsatisfied Claim and Judgment Fund.

Look for a Lawyer’s Advice

State laws differ commonly when it pertains to cars and truck insurance schemes, and each plan has limitations and exemptions. In addition, healing may depend upon the particular insurance coverage included along with judicial decisions because state.


In order to arrange this out, hurt pedestrians might want to consult from an expert, such as the pedestrian’s own insurance company or an injury attorney. Pedestrians should ask an attorney which auto insurance provider they ought to approach initially, and from which insurance provider they might be able to receive additional protection.

Avoiding Pedestrian Accidents in Auburn, Massachusetts

The best way to avoid pedestrian accidents is to comprehend that “defensive driving” implies watching out for individuals who stroll, use a bike, operate a wheelchair, rollerblade, rollerskate, ride an electric scooter, and play in the roadway. Pay specific focus on young children and older adults. These individuals may be less familiar with motorists on the road. They are more likely to stray outside crosswalks and not pay attention to traffic signals.

It is essential to keep in mind that individuals who are not in a motor vehicle and are in the roadway are exceptionally vulnerable and most likely to be seriously injured than a motorist. If you take care to give pedestrians notice, space, and time to vacate your path, you may have the ability to prevent striking a pedestrian.