Halloween night in Augusta is filled with excitement, fun costumes, and children running across streets in search of candy. However, for all its joy, it also brings with it an increased risk of pedestrian accidents. With the dark streets, the excitement of trick-or-treating, and distracted drivers, pedestrian accidents on Halloween night are unfortunately not uncommon. If you find yourself or a loved one injured in such an accident, the financial strain of medical bills can add unnecessary stress to an already challenging situation. Understanding who is responsible for paying these medical bills is crucial to ensure that you do not have to bear the burden alone.
The Role of Insurance in Pedestrian Accidents 
In most pedestrian accidents, insurance coverage plays a pivotal role in determining who pays for medical treatment. When the driver is at fault for the accident, their insurance company typically covers the pedestrian’s medical expenses. In cases where the driver is found to be negligent—such as driving while distracted, speeding, or under the influence of alcohol—liability insurance should step in to cover the medical bills. However, not all situations are straightforward, and there may be additional complications. Having a basic understanding of how insurance works in pedestrian accidents can help navigate the financial aftermath.
When the Driver is at Fault
If the driver involved in the accident is deemed responsible, either due to reckless driving or negligence, their insurance is generally responsible for covering the medical costs incurred by the pedestrian. This includes everything from immediate medical treatment to any necessary follow-up care or rehabilitation. Georgia, like many other states, requires drivers to carry a minimum amount of liability insurance, which is designed to pay for injuries and damages caused by their actions.
While it may seem like a clear-cut process, insurance companies often complicate matters by questioning the severity of injuries or offering settlements that may not cover the full extent of the medical bills. If you are faced with such challenges, working with an experienced attorney who understands personal injury law can be invaluable. A lawyer can help you negotiate with the insurance company to ensure you receive fair compensation for your medical expenses and other damages.
Leland Malchow
Attorney - Partner
Chris Johnson
Attorney - Partner
Dane Anderson
Associate Attorney
Bailey Marshall
Associate Attorney
What Happens if the Driver Does Not Have Insurance
Unfortunately, not every driver involved in a pedestrian accident carries sufficient insurance coverage. In cases where the driver is uninsured or underinsured, the pedestrian may face difficulties in recovering medical expenses. This is why it is essential to carry personal injury protection (PIP) coverage or uninsured motorist coverage as part of your own car insurance policy. These types of coverage are designed to protect you in the event that an at-fault driver lacks adequate insurance.
If the driver is uninsured, and you don’t have PIP or uninsured motorist coverage, you may have to rely on your health insurance to cover the costs. If you do not have health insurance, you could be left with significant out-of-pocket expenses. The absence of insurance or insufficient coverage is one of the most unfortunate realities of pedestrian accidents, and it can make the recovery process even more difficult. Speaking with an attorney can help you explore other potential avenues for compensation, such as filing a lawsuit against the at-fault driver.
What Happens if You Are Partially at Fault
In some instances, the pedestrian may be partially responsible for the accident. For example, if a pedestrian crosses the street outside of a crosswalk or fails to obey traffic signals, the driver might argue that the pedestrian’s actions contributed to the accident. However, Georgia follows a comparative fault rule, which means that even if you are partially responsible for the accident, you may still be able to recover damages from the other party. The amount of compensation you receive will depend on the percentage of fault attributed to you.
If the driver is found to be more at fault than you, their insurance should cover a significant portion of your medical expenses. If you are deemed more at fault, your compensation may be reduced based on your degree of responsibility. This is where an attorney can be of great help, as they can ensure that your level of fault is assessed fairly, which may improve your chances of receiving compensation.
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What About Your Own Health Insurance?
In addition to liability insurance, your own health insurance may play a role in covering your medical expenses. While health insurance typically covers medical treatment for injuries, there are often deductibles and co-pays that you will need to pay out-of-pocket. If the driver’s insurance is liable for the accident, their policy may reimburse your health insurance company for the costs they covered. This is called subrogation, and it can complicate matters if the driver’s insurance company doesn’t pay in a timely manner.
Some auto insurance policies include medical payments coverage (MedPay), which can help cover medical costs regardless of who is at fault for the accident. If you have MedPay coverage on your own car insurance, it can help pay for medical treatment related to pedestrian accidents, even if you weren’t a driver or passenger in the vehicle. This can alleviate some of the financial stress and help you get the treatment you need without having to wait for a settlement or ruling on fault.
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Steps to Take After a Pedestrian Accident
If you find yourself involved in a pedestrian accident, there are several important steps to take to ensure your medical bills are covered and your legal rights are protected:
- Seek Medical Treatment Immediately: Even if you feel fine right after the accident, it is crucial to seek medical attention. Some injuries, such as internal bleeding or concussions, may not be immediately apparent.
- Report the Accident to Authorities: Always contact the police and file an official report. This will serve as an essential record for both your insurance company and your legal team.
- Document the Scene and Injuries: If you are able, take photographs of the accident scene, your injuries, and any damage to vehicles involved. This evidence can help support your case if there is a dispute over fault.
- Consult with a Personal Injury Attorney: Pedestrian accidents often involve complex legal issues, especially when it comes to determining fault and negotiating with insurance companies. Consulting with a personal injury attorney can help you navigate the process and ensure that you receive the compensation you deserve.
- Track Your Medical Bills and Treatment: Keep a detailed record of all medical expenses, including doctor visits, hospital bills, medications, and any other treatments you receive. This information will be important when filing claims with insurance companies or seeking compensation in court.
The Importance of Legal Representation in Pedestrian Accident Cases
The aftermath of a pedestrian accident can be overwhelming. Not only are you dealing with physical injuries, but the financial burden of medical bills can also be significant. Insurance companies are often more concerned with minimizing their payouts than ensuring you receive the full compensation you deserve. A personal injury attorney can advocate for your rights and help you understand your options for seeking compensation. Whether it’s negotiating with insurance companies or pursuing a lawsuit, legal representation can give you peace of mind and improve your chances of receiving fair compensation for your injuries.
Halloween in Augusta brings joy and excitement, but it can also bring unexpected dangers for pedestrians. If you or someone you know is injured in a pedestrian accident on Halloween night, understanding who will be responsible for the medical bills is essential. Whether it’s the at-fault driver’s insurance, your own health insurance, or another avenue, knowing your options can help you navigate the recovery process with less stress.
At Malchow Johnson Injury Lawyers, we are dedicated to helping pedestrians who have been injured in accidents get the compensation they deserve. If you or a loved one has been involved in a pedestrian accident in Augusta, contact us today for a free consultation. Let us help you get back on your feet and recover the compensation you need to move forward.