Hitting a pedestrian is the last thing on your mind, as a motorist. You cannot begin to imagine the dire consequences that await you regardless of your driving skills on the road. When this happens, there are essential things you need to consider to avoid worsening the situation. What are the charges for hitting a pedestrian? How will your case be determined? This article will provide an insight into everything you need to know about motorist-pedestrian cases.
Civil Liability
The pedestrian presses charges against you to get compensation for medical expenses, pain, and suffering. Alternatively, they may file a third-party car claim through the driver’s insurance company. This can only be done when the driver is at fault, and not for jaywalkers.
When pursuing an insurance claim, an attorney will try to prove that the driver was careless enough to hit a pedestrian. Witnesses and third parties can issue their statements on the same. The police officer in charge of the accident must present their report based on their findings. In the report, they must indicate whether the driver violated the road traffic rules.
A police report carries a lot of weight, whereas pursuing compensation for the damages and injuries from the negligent driver is concerned. Most of these negotiations are normally done out-of-court with insurance providers. Still, the driver’s insurer may offer a lower amount to avoid incurring losses. When you have a qualified personal injury lawyer by your side, your chances of getting a considerable amount is high.
In some cases, a motorist may hit pedestrians, resulting in wrongful death. The pedestrian’s loved ones can sue the driver on behalf of the deceased. An attorney will help prove if the driver was negligent so that they can pay for it.
Criminal Liability
Here, the driver accidentally hits a pedestrian and stops to bear the consequences of their actions. The pedestrian may press charges through a personal injury lawyer, and a higher car insurance premium. But when they flee the scene, they will be prosecuted on the grounds of hit and run.
A driver who is driving under the influence of drugs or alcohol is at a higher risk of hitting a pedestrian. When this happens, it is assumed as an “aggravating circumstance.” When prosecuted, the driver is likely to do time in prison or pay hefty fines.
In a case where you hit a pedestrian and they die, you may face criminal charges for vehicular manslaughter. You can either be charged with wrongful death if the court proves you were negligent.
An Austin Personal Injury Lawyer can Help
Have you been involved in a car-pedestrian accident and are looking for an experienced Austin Personal Injury Attorney? Go no further than Robert Littlefield Buford III, Attorney at Law. Our team of knowledgeable and licensed attorneys is passionate about helping Austin residents get justice. From civil to criminal liabilities, we will personalize our services to meet your needs. Even if you doubt that you are about to lose a case, we will restore hope to you. Contact us today for a consultation or to get a legal representative for your case.
