By
One evening while driving to a school event, something
awful happened to me. And to someone else.
As I guided the car down the road,
an uninsured, intoxicated man walked right into my vehicle. He was badly injured, and I felt terrible. And yet
despite my feelings of guilt, the fact is that it was 100 percent his fault.
And so I started to wonder: would I have to pay a price? Should I have to?
The man on the road
The rural two-lane highway was
already dark at 6:00 p.m. A few houses dotted each side of the road, but the
area contained no streetlamps—the only illumination came from my headlights. I
was less than half a mile from our home and traveling at a speed of about 40
mph. I didn’t see the man in black clothes until he was stepping onto the
yellow double line in the center of the highway.
The next moment was surreal. With
his hood up and his head down, the man paid no attention to my vehicle and
walked right into the front driver’s side panel. I hit the brakes, and he
rolled along the front panel before his head smashed into the windshield and
slammed into the rearview mirror. His body flew up into the air, and landed
face-down in the opposite lane.
On the scene
The impact was loud enough to bring
neighbors to the scene. One of them revealed that the victim was highly intoxicated, had just used the neighbor’s
telephone (perhaps five minutes prior), and was likely returning to his own
trailer across the street.
The first emergency responders on
the scene asked me to move my vehicle. I refused, wanting the police to see
precisely where I was—in my own lane—when the accident occurred. That might
seem callous, but there was sufficient room for the ambulance to navigate
around my car and tend to the victim. I was working through a mix of shock,
fear and self-preservation.
When state troopers arrived, the
victim had already been transported to the hospital. The troopers surveyed the
area and interviewed me, neighbors, and responders. After gathering necessary
information, they instructed me to avoid discussing the accident with anyone
other than my insurance company and let me leave.
Social media rubberneckers
Exaggerated stories describing the
accident immediately hit social media. Facebook friends reached out to me for
details or to express their concern for my well-being. I ignored their
requests, keeping in mind the troopers’ advice to be discreet.
What would happen next? Would I be
sued? Would I have to pay for the ambulance, hospital, and recovery bills of
the victim? Would my insurance cover the repairs to my vehicle (which, without a windshield, I could no
longer drive)? Would my insurance provider drop me?
Assessing liability
Phoenix personal injury attorney James Goodnow typically represents the victim involved in accidents
and says hitting an uninsured, intoxicated man with your car generally means
the driver can expect some potential liability.
“In most cases, the accident will be
evaluated in terms of perception,” explains Goodnow, such as reaction time,
comparative fault, and the jurisdiction where the accident occurred. “In some
jurisdictions, if the pedestrian is 50 percent at fault, the case may be barred
(inadmissible).”
When accidents happen between cars
and pedestrians, we often automatically assume that it’s the driver who’s at
fault, says attorney Sam Williamson , a solicitor with the Scottish law firm Accident
Compensation Scotland. “This stems from the idea that the pedestrian has ‘the
right of way’ at all times. From a legal standpoint, this is completely false,
as a pedestrian can absolutely be responsible for the accident either wholly or
partially.” His legal analysis applies to US traffic laws as well as to those
of Scotland.
Williamson explained to me that when
the pedestrian is under the influence, it becomes slightly easier for the
driver to avoid blame for the accident. “This can be further strengthened by
witnesses to the incident and proof that the car was traveling within the speed
limit,” he says.
Insurance to the rescue
I reported the matter to the
insurance company, citing the incident number from the police report. Within 24
hours, I was contacted by an insurance investigator. “Insurance companies have
an obligation to investigate, defend you, and indemnify [you] if you’ve been
sued up to your policy limits,” says Goodnow.
“You also have an obligation to
cooperate with them,” he adds. “These types of cases are often evaluated on
things like lighting conditions and whether or not you had on your car’s
headlights. You may end up in court and a deposition may be taken. Your
insurance company can indeed defend you and protect you from exposure.”
And that’s just what my insurance
company did. They dispatched an estimator to our home immediately, and I
received a check on the spot for repairs to my vehicle.
Most significant was how the
insurance company handled demands from the victim. The man suffered a broken
jaw, broken ribs, a fractured ankle, and the loss of several teeth. He pursued
full monetary damages through our insurance. His claims were denied.
It wasn’t my fault
Fortunately for me, the system
worked. I was completely forthcoming with all details, witnesses were
responsive and honest, and my insurance company worked hard on my behalf.
Furthermore, it helped that the
troopers who handled my accident were well-acquainted with the victim’s track
record. The man had been in the police station just hours before—and indeed the
troopers knew what the victim was wearing even though they arrived on the scene
after he’d been taken away in the ambulance.
The police report confirmed that the
accident was a direct result of the man’s intoxicated condition and that I was
not at all at fault. My insurance company was satisfied with this information,
and they handled all inquiries and claims from the victim without involving me
further. My vehicle was repaired, my insurance premium remained unaffected, and
the victim has recovered from his injuries.
I hope you never have to go through
such a terrible situation, but if you do, try to keep your guilt in check, and
understand that the law offers protections when you are truly not at fault. And
if someone tries to say you are, hire an attorney and get help immediately.
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