Unlike a vehicle to vehicle accident, the value of the repair or vehicle loss in a pedestrian-vehicular accident is not as relevant to your claim. For obvious reasons, a human body will inflict much less damage to an opposing vehicle than another vehicle would have done, rendering a repair bill or damage estimate less predictive of the injuries and recovery. The most relevant factors concerning recovery are as follows:
- Whether you, as the pedestrian did something wrong that contributed to your injuries (fault);
- The type of injuries you suffered (soft tissue v. fractures, tears, etc.)
- The extent of the injuries you suffered (permanent v. not permanent)
If you contributed to your injuries in any way, then your recovery will be diminished by your own percentage of fault. For example, if the total damages you are found to have suffered is $10,000 and you are found to be 20% at fault, then your recovery would be $8,000 ($10,000 reduced by 20%).
These type of injuries you suffered directly affects your medical treatment, the expenses for that treatment and any other losses flowing from those injuries (lost income, pain and suffering, etc.). If those injuries are deemed permanent by your medical providers, the amount of your recovery will be greater. Consequently, your own action or inaction that contributed to your injuries, as well as the type, nature, and extent of your injuries, are the most important factors that determine how much you can recover from your pedestrian accident case. Pedestrian accident cases can be complex. Make sure you have the right Phoenix, Arizona personal injury lawyer representing you. It will make all the difference in your case.