Negligence and comparative negligence
Nearly all pedestrian accident lawsuits are based on the legal theory of negligence. As a personal injury lawyer, we’re required to prove the following elements in order to show negligence:
- A duty to use due care and caution for the injured person’s safety
- A breach of that duty
- That the accident complained of in the lawsuit caused the plaintiff’s injuries
- That the plaintiff suffered legally recognized damages
Uninsured and underinsured motorists
We all know that there’s a large segment of the driving population that is either uninsured or underinsured. Even if somebody carries minimum liability insurance, their coverage is only $15,000 per person. That’s not enough to cover the damages for a broken leg requiring a surgical repair. Then there’s the bill for the rehab, lost earnings, pain and suffering and a permanent limp.
Uninsured and underinsured motorist insurance (UM/UIM)
These are two types of auto insurance coverage that every driver needs, and they’re offered together. Yes, you even need it as a pedestrian. It usually covers bodily injury to you and family members who are residents of your household in pedestrian or bicycle accidents that are the fault of uninsured or underinsured drivers. UM/UIM might even cover bodily injury when an accident is the fault of a hit-and-run driver.
Looking for a medical expert witness for your personal injury case? Contact Rieback Medical Legal Consultants
954-472-1825. We provide the best in certified medical expert witnesses. Call for a free consultation.