The first rule of driving is to pay enough attention to the road that you can avoid hitting pedestrians. It takes two drivers to cause a fender bender, but in a collision between a driver and a pedestrian, is not it obvious that the pedestrian is an innocent victim? The saying goes that pedestrians always have the right of way, but in practice, it is not that simple. It is possible for an insurance company or a court to find a pedestrian partially, or even completely, at fault for getting hit by a car. This is disappointing news for the pedestrian, to say the least. Even when the car is not going very fast, it is common for pedestrians struck by cars to end up with prohibitively expensive medical bills. The good news is that a Santa Fe pedestrian accident lawyer can help you recover compensation to pay your accident-related medical bills, even if you bear some or all of the responsibility for the accident.
In What Universe Can a Pedestrian Be at Fault for Getting Hit by a Car?
New Mexico’s comparative negligence laws acknowledge that it is possible for more than one party to contribute to an accident. Even better, New Mexico is one of only a few states that follow the doctrine of pure comparative negligence. This means that if the accident is X% your fault, a court can order the other party or parties that contributed to the accident to compensate you for (100-X)% of your accident-related financial losses. In pure comparative negligence states like New Mexico, this rule applies even if the accident is 99% your fault.
As for why a court or insurance company would attribute fault to a pedestrian who got hit by a car, it has to do with whether the pedestrian was engaging in dangerous behavior or deliberately making it difficult for the driver to avoid a collision. These are some examples of behaviors that could lead to pedestrians being found partially or entirely at fault for an accident:
- Walking near highways or busy roads while drunk or under the influence of drugs
- Interacting with a phone screen while crossing the street or otherwise giving in to distractions
- Attempting to cross a road in a poorly lit area
- Crossing at a crosswalk when the “don’t walk” sign is on
If you can only recover part of your medical bills from the at-fault driver or the driver’s insurance company, your best hope is MedPay insurance. MedPay covers accident-related medical bills that other sources of insurance do not cover, regardless of fault. MedPay coverage is optional in New Mexico, so, unfortunately, not everyone has it.
Contact Slate Stern About Car Accident Lawsuits
You can still recover damages after a pedestrian accident, even if you bear most of the fault. Slate Stern is a personal injury lawyer who represents plaintiffs injured in pedestrian accidents. Contact Slate Stern in Santa Fe, New Mexico, or call (505)814-1517 to discuss your case.
Sources
https://wallethub.com/answers/ci/is-personal-injury-protection-required-in-new-mexico-2140704025/
Photo by Gunnar Madlung on Unsplash