I got hit by a car while in a crosswalk. Who's liable?

Answer:

If you got hit by a car while on a crosswalk, there is a good chance that the driver of the vehicle was liable for the accident. Crosswalks are places where pedestrians are meant to be, and drivers have a legal obligation to pay attention to any and all traffic laws - especially those that command them to stop for pedestrians. However, if you were doing something illegal (like crossing when you shouldn't have been), it is possible you may share some of the fault. Even in such cases, however, the driver is probably going to share some responsibility since he should have been paying attention well enough to see you and stop.

Understanding Liabilty

So, if the driver is considered liable, what does that mean for you? It depends. If you live in one of twelve states called "no fault" states, it probably doesn't mean too much. In a no fault state, you are usually going to have to make claims for car accident injuries using your own personal injury protection policy through your own car insurer (or the car insurer of someone in your household). While these states make an exception if your injuries are "serious," in most cases the injuries aren't going to meet that threshold definition and you'll have to turn to your insurer to get your bills paid.

If, however, you live in a fault state, then liability matters a whole lot more. In such states:

The driver who was liable for the car accident can be sued and you may be awarded your damages. Damages will include medical bills, lost wages, pain and suffering and damages for emotional distress if applicable.
You may be offered an out of court settlement (a set amount of cash in exchange for a release of liability) is the other driver doesn't want to get sued.

Getting Help

As a pedestrian involved in a car accident, you have a lot to deal with. One of the first things you should do is to call a lawyer. He or she can advise you of your rights and can help you proceed with making any legal claims available to you.