Victims of auto, and auto-versus-pedestrian, accidents should understand the remedies available to victims for recovery of damages suffered.
An airport auto accident recently injured a Worcester woman and two others. The auto-versus-pedestrian accident occurred when a passenger vehicle driven by a 53-year old woman jumped a curb and struck three pedestrians. Three people, ages 25, 61 and 62, were injured when struck by the errant vehicle. All three people were taken to local hospitals. According to police, the accident remains under investigation.
Pedestrians can be especially vulnerable to serious injury, such as brain injury, when struck in an auto accident. Pedestrians obviously have fewer protections from harm than vehicles when struck, especially on a sidewalk or crosswalk, by a negligent driver. A negligent driver can be a distracted driver, a driver who is texting and driving or is otherwise negligent. Negligence occurs when a party, such as a driver, fails to exercise the ordinary care required to ensure the safety of others.
Once the liability of a negligent driver who has caused an accident has been established, victims may be able to recover damages, including medical expenses and pain and suffering damages, for the harm suffered. Insurance companies representing the responsible party are often involved in the process which typically includes a civil claim against the negligent driver and may be resolved through negotiation and settlement or trial.
The goal of the process is to ensure that a victim that has suffered serious injuries because of the carelessness of another party is properly compensated for the harm suffered. A trained personal injury attorney can help a victim of an auto accident better understand the process of bringing a claim for damages.
Source: CBS Boston Local, “State Police Identify Driver, Victims In Logan Car Crash,” March 27, 2014