Legal Question in Personal Injury in Alabama
Pedestrian Accident in Parking Lot
My husband & I were pedestrians hit by a car while crossing from a store to the parking lot at a local strip mall. There was no crosswalk, but there was a wheelchair ramp and we were crossing from the ramp. We were halfway across the far lane when we were hit. Police estimate the car was traveling 45-50 mph based on witness accounts & the fact that my shoes were thrown appx. 100 ft.
Strangely, our injuries don't appear to be serious.
Aside from a simple leg fracture, a lacerated scalp, a badly mangled lip, very minor facial scarring, and the loss of several teeth, I don't appear to be badly hurt. My husband's injuries were lighter still! The ER staff were amazed by how well we survived, given the estimated speed.
Questions:
1. How accurate is the police speed estimate?
2. The next day the hosiptal called for information on MY auto insurance carrier. They say that eventually I will have to involve my carrier. I would STRONGLY prefer not to! Is that realistic?
3. My husband is involved in another lawsuit with his disability insurance carrier. I've never been involved in a lawsuit. How is this likely too affect our case?
2 Answers from Attorneys
Re: Pedestrian Accident in Parking Lot
These are very difficult questions to answer without having all of the facts. It seems unlikely that the other vehicle could have been traveling that fast; however, I have not seen the witness statements or the other vehicle, i.e.: was there damage to the vehicle? Did the vehicle stop? Did the other driver have insurance? As far as involving your insurance carrier, you don't have to, but you may have medical payment benefits that you are paying premiums for so if you don't access it, I recommend you stop paying the premiums for such coverage. You may, but I doubt it, be able to access your uninsured/underinsured motorist coverage on your policy. Again, if you are going to pay premiums for such coverage, you should use it when you have the opportunity; otherwise, why would you pay premiums for it? I don't think your husband's other lawsuit will significantly affect this case, but it could. I would have to see his medical records related to this case and how they interact with his disability case. I would be interested in reviewing your case with you further if you would like. You may call me at (205) 254-3927 or (888) 295-7409.
Re: Pedestrian Accident in Parking Lot
A few words in addition to Jon's advice. First, your uninsured/underinsured motorists coverage would apply to help you in this situation - if the person who hit you did not have insurance or (as very likely) only has a minimum amount of insurance ($20,000). While it is hard to evaluate the case without all of the facts, a leg fracture, in general, should exceed $20,000 in settlement value - depending on your recovery. In the last pedestrian case I handled, we tapped into the underinsured motorists coverage of the child that we represented (ran out from an ice cream truck).
While it might seem unlikely that the car was going that fast from the injuries sustained, it is still quite possible, and if there is evidence to support it in your favor, use it. The fact that you were hit in a parking lot means that it was likely that the person was going very fast - or they would have seen you. Expert witnesses are available who can calculate such speeds from the facts of the case.
I would not cancel any insurance that you have that could help you pay for the medical expenses. While you can probably keep your carrier out for now, I don't see the rationale for doing so. I think it extremely unlikely that they will raise your rates for making a legitimate claim that you had nothing to do with. You most likely have personal injury protection (PIP) and it can be helpful if the other party is uninsured/underinsured.
In any event, the first thing you need to do is to contact a lawyer. Insurance companies will do everything in their power to scam you of every penny they can. If you are anywhere near the greater Birmingham area, I would be happy just to talk to you - at no charge. My number is 205-458-1100
Sincerely,
Sterling L. DeRamus
205-458-1100
2015 First Avenue North
Birmingham, Alabama 35203
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