While this scenario obviously involves one party operating a motor vehicle, the pedestrian is not, and is therefore for many reasons is at a clear disadvantage. Because the pedestrian is not driving his or her vehicle at the time they are injured, a person’s own insurance company will sometimes be reluctant to automobile coverage to their situation. There is also a mindset of the insurance industry that people have a habit of walking in front of cars, and therefore it is likely the pedestrian’s fault that the collision occurred. While it is not entirely unforeseeable that such an event may occur in that fashion, that DOES NOT mean that it’s always the pedestrian’s fault, nor should not be a reason for insurance companies to avoid having to treat someone fairly that has just been hit by a car and is already at enough of a disadvantage. Just as a person who is walking has an obligation to watch where they’re going, the vehicles also have a duty to maintain a proper lookout for pedestrians in appropriate circumstances. For those reasons alone, the importance of having the right lawyer in your corner is apparent.
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