While there are legal provisions for you to file a claim if you get hit by a car, the odds of getting compensated for injuries and other damages will depend on factors such as;
Who Is to Blame for the Accident?
A driver must give way to pedestrians at marked crosswalks and in other circumstance as per the State’s traffic and vehicle code. Motorists must also obey traffic signs and drive within the posted speed limits. If you get hit by a car whose driver is violating traffic rules, the likelihood of winning a personal in injury claim is substantially high.
When a pedestrian acts in a manner that makes it difficult for a motorist driving cautiously to avoid a collision, the said pedestrian can be held liable and may it may be quite a challenge pursuing compensation.
When the pedestrian and the driver share blame for the accident, the jury will establish what percentage either party contributed to the collision that caused the injuries. In some states, the driver doesn’t have to pay anything if the pedestrian was more than 50% to blame for the accident.
Did You Sustain Injuries?
It almost goes without saying that you have to get injured for you to file an injury suit against the driver’s insurance provider. You will need a Queens car accident attorney to file this claim. Also known as a third party claim, this is first the first step to getting compensated for damages such as medical expenses and lost wages as well as general losses such as pain and suffering.
In most cases, the insurer will offer an out of court settlement after rounds of negotiations. If you feel that the settlement amount does not commensurate to your losses, the law provides that you can file a personal injury claim at a civil court.