Can protestors file injury claims against the driver who hit them?
In wake of the George Floyd protests occurring all around the country, we find a new concern. During the protests that are occurring in busy cities are seeing an upward trend in hostility from those not involved in the protests. This hostility is being shown in the actions of drivers passing through the protestors in the streets at high rates of speed without stopping.
So far, roughly 17 reports of protestors being run over by disgruntled drivers have been made. This is happening everywhere. From Florida, Washington State, all the way to where the protests originated in Minnesota. Protestors who are the victims to attempted vehicular homicide are popping up all over the country. These incidents are far different from the typical pedestrian car accident cases our law firm is accustomed to handling.
The biggest question many people have is “what happens to these individuals that run over the protestors?” A better question people should ask is: “what happens to the injured individual?” Any personal injury lawyer will tell you we would like to see a protestor recover the compensation they deserve for their injuries dealt to them by an angry driver on a rampage.
Insurance Companies and Criminal Acts
The tricky part of the situation for these injured protestors is on behalf of the insurance of the driver. It would be rather tricky to get a car to stop that has run someone over. In the event of a personal injury, the injured party receives compensation from the at-fault driver’s insurance company. Getting the car to stop so you can obtain a police report on the matter and recover insurance on the driver is a hard task to accomplish. What’s even worse is this wouldn’t even help you.
The majority of insurance companies have clauses in their policies for instances of criminal acts. These clauses enable insurance policies to deny an injured individual’s claim if their client (the at-fault party) were to injure the individual trying to make a claim while committing a crime.
The only way to receive financial compensation is to be an innocent party in an accident. For instance, an innocent pedestrian hit by a car in a crosswalk will recover damages from injuries they sustained. However, while a protestor is in the middle of a road, and someone blatantly attempts to run them over, the protestor will likely have their injury claim denied by the driver’s insurance.
Our Best Advice
All of us here at Reyes Browne Reilley understand and agree with protesting for social justice causes in America. However, we wish for people to stay safe while they protest and voice their concerns for injustices. Our best advice during this time is to avoid being in an accident during these protests at all costs. Pursuing an injury claim as a result of a negligent act in Texas typically allows the insurance to deny your ability to make a proper recovery. We would rather have you safe and uninjured than injured and looking for options with no options to pursue.
However, should you sustain injuries while walking in a protected crosswalk or on the sidewalk, you certainly have the ability to make a recovery from a pedestrian injury accident. Oftentimes people do not pay attention while driving and don’t see a pedestrian. The next thing you know, you’re laying on the ground in a tremendous amount of pain. Get the proper medical and legal help you can when pursuing your right to a full recovery.
Our lawyers at Reyes Browne Reilley work around the clock for our clients. Not only that, but we also work for free unless we win your case. You deserve the top-rated attorneys with no up-front costs to you. Call us today to begin with your 100% free consultation at (214) 526-7900.