Yes. Auto insurance companies will go to incredible lengths to deny legitimate claims brought by pedestrians struck by careless drivers. DJ Banovitz has handled many of these claims. For example, State Farm denied liability (responsibility) for their insured driver who struck an African-American pedestrian in a crosswalk, at night, walking with the light. This collision occurred at night when the driver made a left turn striking this person who happened to be wearing dark clothing. State Farm claimed the victim was responsible for wearing dark clothing and not being able to be seen! (At least they didn’t cite his skin color as a reason). Another case involved a careless driver insured by Progressive who made a right turn mowing down a person walking with the light. In that case the victim was 3 feet outside the crosswalk. Apparently the insurance companies believed that it was open season on pedestrians. Both cases favorably settled after lawsuits were filed. If you are struck by a careless or reckless driver you need an experienced Colorado pedestrian accident trial lawyer who understands the rules of the road. A driver is not absolved from responsibility for running over or hitting a pedestrian who is jaywalking, crossing outside the crosswalk, or wearing dark clothes. Drivers must obey the traffic laws and must exercise reasonable care. This includes keeping a lookout for people who might be crossing the street outside of a crosswalk.
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