Three Ways Insurance Companies Try to Blame Pedestrians Hit by Negligent Drivers

In most situations, pedestrians have the right of way on the roads, and when an accident happens involving a negligent driver, the pedestrian can collect damages for the harm caused by the accident. Insurance adjusters will review the facts of the case to determine fault and assess damages, but oftentimes they do not have the pedestrian’s best interests at heart. In many cases, the insurance companies will try to place some or all of the blame of the accident on the pedestrian victim in order to avoid paying the claims, and if this situation sounds familiar, there are highly skilled personal injury attorneys who can help. Call the office or contact us today Tucker Miller Law in Phoenix AZ today to learn more.

Why Insurance Companies Blame Pedestrians

An insurance company’s first priority after an accident is to protect itself. This means doing whatever is necessary to mitigate or eliminate claims made against them for accidents involving their insured. Even your own insurance company may not be looking out for your best interests if it means paying out for your claims. When assigning fault and assessing damages after a pedestrian accident involving a negligent driver, insurance adjusters are looking for any way to make the claim go away as quickly as possible for as little money as possible. Hiring an experienced personal injury attorney is the best way to protect yourself against insurers who are looking to blame you for the accident. 

Three Blame Tactics Insurers Use

Depending on the facts of the case, there are a number of ways that insurance companies will try to blame the pedestrian for an accident involving a negligent driver. The most common claim is that the pedestrian was jaywalking, crossing in the middle of the street, or crossing outside of the crosswalk. The insurer will claim that because the pedestrian was not crossing inside the crosswalk at the time of the accident, the pedestrian was at fault for the accident. Another common claim is that the pedestrian was in the street in violation of traffic laws. Examples of this include crossing during a “Do Not Walk” command or walking along bridges where pedestrians are prohibited. One final claim that insurance companies will make is that the pedestrian was intoxicated at the time of the accident.

How Our Office Can Help

An experienced personal injury attorney is critical to battling claims by the insurance companies that a pedestrian is at fault in an accident with a negligent driver. One of the first things that an insurance company will do after an accident is to try to get a statement from the pedestrian victim as soon as possible. This is not for the victim’s benefit, but to try and get the pedestrian to say something against his or her own interests or to implicate fault. When you hire an attorney, the insurers are legally obligated to communicate and negotiate only through your attorney. Your attorney will protect your claim and ensure that nothing is said that could damage your case.

Insurance companies are also notorious for making an offer to settle a case with a pedestrian in this type of accident immediately afterwards. The adjuster will claim that the pedestrian is partially or fully at fault for the accident, so this is the best offer he or she will get. These offers are always for far less than what the victim is truly owed for the harm caused, and a lawyer will ensure that you do not accept a settlement for any value less than the full and fair compensation for your claim.  

Finally, an experienced attorney will be able to review the evidence in your case to fight any accusations of fault by the insurance companies in your case when a negligent driver strikes you as a pedestrian. Your lawyer will review photos, videos, and witness statements from the scene as well as any accident or police reports. Your lawyer will craft the best arguments for your case and zealously advocate for your rights and claims.

Talk to Our Office Today

If you were walking and hit by a negligent driver, you should not bear the responsibility for the accident. Call the office or contact us at Tucker Miller Law in Phoenix Arizona to schedule a free consultation of your case today with one of our knowledgeable personal injury attorneys to learn more about how our office can help you get the full compensation you deserve for your injuries.

Verdicts & Settlements

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  • $1.8 Million – Automobile and Pedestrian Collision