I was walking to my car while on a break from my job. A guy in a car was driving forward in the direction to go out of the parking lot, but then backed up and hit me when someone called him. My body went up against his car backwards (this is what a witness said about the guy driving and me walking).
The police and ambulance were called. The guy said: “I’m sorry.” I replied: “It’s a good thing you stopped.” He said: “I stopped when I heard you scream.” I did not remember screaming.
My ER diagnosis was: Concussion with loss of consciousness of unspecified duration, initial encounter – LOC < 1 minute.
In addition, the next morning I saw scraping and a large bruise on the back of my lower left leg. Who's at fault in this accident? (Is the driver always at fault in a pedestrian accident like this?) Is my work insurance involved at all, since I was on break when this happened? What do I do now? Thank you for any information you can give.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
From the facts you present, the driver was wholly negligent. Moreover, you didn’t contribute to the accident. Because you were not working at the time of the accident, but instead on a break, workers’ compensation will likely not agree to pay your medical bills.
While your injuries were originally serious, there doesn’t seem to be a protracted recovery period or substantial amount of medical or therapy bills.
Seek immediate medical attention, especially as there was “scraping” and a large bruise on your back. Once you are fully recovered, or your doctor says you have reached a level of maximum medical improvement, you can pursue a personal injury claim against the driver.
In the interim, ask the driver for the name and contact information for his insurance company.
Contact the driver’s insurance company and initiate a claim. You will be assigned a claims adjuster who will handle the investigation of the incident. There should be no reason the driver’s insurance company won’t accept liability for their insured (the driver).
The claims adjuster will ask for copies of your medical and therapy bills, as well as receipts for medications. Let the adjuster now if you’ve had to miss work as a result of the injury and required treatment.
Keep the adjuster apprised of your medical and therapy treatment, and continue to send the adjuster copies if your medical and therapy bills, along with receipts for out of pocket expenses, and verification from your employer for any lost wages.
Upon completing your treatment and recovery period, the claims adjuster will likely make an offer of settlement. At that point you can enter into negotiations.
Learn more here: Pedestrian Accident Claims
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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