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Holland & Usry, P.A.

If I get hit by a car walking across the street or riding a bicycle, what rights do I have?

You have the same rights to be compensated as an innocent motorist or passenger in a typical car, truck, or motorcycle accident. Here are three important factors in your case:

Fault

If the accident is all or mostly your fault—for example, if you walked despite a “stop” signal on the crosswalk light or veered across three lanes of traffic on your bicycle—you cannot legally recover.

But even if you may have played a role in the crash, don’t be discouraged. Due to the rule of “comparative negligence,” you might still win compensation. To get your best shot at a recovery, you’ll need an experienced auto accident lawyer to convince the insurance company that its driver is most at fault.

Even if the driver’s fault is clear, it’s smart to consult an attorney to strategize the best way to maximize your financial recovery. Legal compensation is built from many details that have to be fully developed before the insurance company will part with its beloved cash to pay you.

Injuries

Traffic accidents involving pedestrians or bicyclists often result in severe injuries or even death, especially if it involves a child. The worse the injuries, the greater potential to collect more compensation. As the value of your claim rises, it becomes more important to protect your rights to a fair recovery; at the same time, it becomes much harder for an untrained person to win the best available outcome.

Seriously hurt or grieving people have too much to worry about already. They can be overwhelmed by dealing with insurance company demands and by the insurance adjuster, who’s evaluated on how much he doesn’t pay out in claims. Insurance companies take advantage of amateur claimants, getting out cheap by forcing an unjustifiably low settlement when you’re just exhausted or don’t know any better.

It’s easy to overlook your rights in this situation, including the availability of all potential sources of financial recovery. Keep reading.

Insurance

The primary source of recovery is auto insurance. Victims get paid first from the at-fault driver’s policy. You’ll need to be sure you know the maximum amount that policy will pay. An experienced auto accident attorney can help.

Finally, some good news. If needed, and if you bought the right coverage, you can use your OWN auto policy. If your case is that serious, you need a skilled attorney to review your coverage, then prove your rights to get as much as possible.

The Tip of the Iceberg

Remember, these are just three factors in your case; there are usually a lot more moving parts to manage than that. Don’t risk adding insult to injury by getting shortchanged by an insurance company or overlooking your coverage. Fill out our Get Help Now form to get your questions answered and start building your case today.

 

Rob Usry
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Rob is a South Carolina personal injury and criminal defense lawyer.

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