It’s really unfortunate to see another story involving a car v. pedestrian accident. On December 9th a 52-year old man was hit while crossing the street. He was struck by a car driven by a 32-year old Port Orchard man. The accident is currently under investigation.
There are various ways that insurance companies try to shift blame from drivers to pedestrians. In addition to alleging that pedestrians are to blame for wearing dark clothing, insurance companies have also concocted a new defense called “sudden medical emergency” which covers a range of conditions from cardiac arrest all the way to sneezing. With the panoply of excuses the insurance carriers have to paying legitimate claims, it’s essential to engage experienced legal counsel.
At this point it’s not clear how this specific accident happened. But any case involving serious injury or death to a pedestrian should be examined carefully. In many cases the at-fault driver won’t have enough insurance and other sources of recovery need to be considered. For example, a county or city may be liable if the roadway wasn’t safely designed to permit pedestrians to cross the street safely.
For more information on this subject, please refer to the section on Car and Motorcycle Accidents.