Do you know there is 1 huge difference between an auto accident case and a pedestrian accident case?

Want to know what it is?

To me the most important difference between a car accident and a pedestrian accident, where the person is hit by a car, is this:

If you are a pedestrian hit by a car, it does not matter which tort option you select.

Remember we were talking in prior blogs about limited and full tort auto insurance.

I told you that limited tort victims of car accidents can only sue for $ under limited circumstances?

Well what happens if you have limited tort on your auto policy, but you are a pedestrian hit by another?

You get a pass.

That is the one big difference.

The law, based on a case that was decided by the Courts in Pennsylvania, says you are always entitled to make a $$ damage claim (bodily injury claim) for your damages in a pedestrian accident.

Therefore, do not let other attorneys tell you that you cannot make a claim for your pedestrian injuries because you have the limited tort.

That simply is not true.

Now, again, in non-auto pedestrian accidents there might be a question of liability if your injuries are from a slip & fall case as opposed to being hit by a car.

In a slip & fall case, it does not matter what your auto tort option is at all.

However, as we have talked about before, in a slip & fall case there is almost always a hidden, built-in defense by the insurance companies.

That defense is, “The client wasn’t watching where she was going”.

What the insurance companies invariably say after that is, “Therefore we have to deny the claim”.

Or if they do make an offer it is so small that they call it nuisance value.

Nuisance value is if they just pay some $ because they want to make you go away.

Nuisance value offers are a joke.

Again, do not fall for this insurance tactic.

Consult with an experienced attorney who handles pedestrian accidents and slip & fall accidents.

That is your best protection in this matter.

Pittsburgh Wrongful Death, Medical Malpractice, Car Accident and Pedestrian Accident Attorney Bernie Tully is here to help with your case.

On a personal note, just the other day I was walking in downtown Pittsburgh. It was lunchtime. I was watching the people in front of me to make sure I didn’t walk into them.

What happened? I must have caught my foot on a pavement rise or crevice.

Down I went. I was okay, but it did shake me up.

I know what you are going through.

That’s all for now.

Thanks for reading.

Bernie the attorney