Pedestrians are more likely to be injured in a car collision. A pedestrian could face permanent and even deadly injuries most of the time. Typically, a driver’s car insurance covers a pedestrian’s injury.
But who will take the liability for the injuries depends on many things. Let’s discuss it in detail.
Which Liabilities Car Insurance Will Cover?
In a pedestrian accident, liability is not always clear. Pedestrians are usually prioritized while crossing the road, but there are exceptions. In some cases, the pedestrian may be found guilty under the law.
In Canada and elsewhere, there is mandatory liability insurance. This insurance policy is designed to protect the rights of pedestrians. Under the policy, the pedestrian will be paid for the injuries and other damages.
However, the vehicle driver is not the only one who can sue your liability insurance policy. The passengers in the vehicle can also file a claim. If your car hits a pedestrian, the pedestrian can claim under your liability policy.
The range of benefits available to pedestrians under your liability insurance policy is wide. It may include all medical expenses related to the treatment, such as hospital expenditures, emergency room bills, etc.
Need a lawyer support? Hire a Lethbridge pedestrian accident lawyer for your case.
What Expenses Does Car Insurance Cover?
Car insurance covers all the medical expenses needed in a pedestrian accident. The insurers offer all car owners medical payment coverage and uninsured motorist coverage. If you purchase car insurance, this will help you after an accident.
An insurance covers the following expenses after a pedestrian accident.
- Medical expenses: It comprises all the medical bills, including hospital bills, ambulance fees, medication, doctor visit fees, physical therapy, etc.
- Cost for permanent injuries: If the pedestrian had a long-term or permanent injury, they would be paid for the injuries.
- Lost wages: If the pedestrian is injured severely, he will not be likely to work for a longer period. Your car insurance will pay for this. The compensation will be based on the missed hours/days.
- Pain and Suffering: The recovery after a pedestrian accident is time-killing and physically challenging. If the pain and suffering are costly, you can claim compensation for this.
- Lessened Earning Potential: Sometimes, the victims cannot perform their previous work. The pedestrian accident leaves the victims unable to continue their careers. The victim can claim compensation for the lost potential income in such cases.
- Emotional Suffering: Accidents are stressful both physically and emotionally. Thankfully, emotional suffering after a pedestrian accident is compensable.
What If the Pedestrian Is at Fault?
One of the first things your insurance company will consider is who was at fault. However, pedestrians are mostly prioritized in an accident involving a pedestrian. Pedestrians have the right of way.
That doesn’t mean that pedestrians will always be innocent. In certain circumstances, they could be liable for what happened. If the pedestrian comes in your way without warning or giving time, they could be liable for the accident.
Also, if the pedestrian walks in the prohibited area and gets injured, they could be at fault.
Some other incidents when a pedestrian may be found guilty are:
- Crossing in the middle of the road
- Walking at night while wearing dark clothes
- Walking on the highway while being drunk
- Walking across a crosswalk without following the crossing signal
The car insurance company will not pay for the injuries when the pedestrian is found at fault. The insurance company may even file a complaint against the pedestrian.
Can You Sue a Pedestrian for Damages?
Usually, the insurance company will go after the pedestrian if the pedestrian is found at fault. You or your insurance company may ask for $5000 as vehicle damage repair costs.
Sometimes, the insurance company does not even leave the deceased pedestrian’s family. They seek the repair expenses of the vehicle from them.
However, it depends on insurance companies. Some insurance company doesn’t bother even the injured pedestrian.
On the whole, car insurance will generally cover the injuries to pedestrians. They will pay for the expenses when you hit a pedestrian. The car insurance will also cover your expenses if you were injured in the accident.
Your car insurance liability coverage will pay for medical expenses suffered by the injured pedestrian. The insurance company will assume that you were at fault. If the pedestrian was at fault, they might have to pay for your vehicle damages.