Being struck by a vehicle as a pedestrian is a terrifying and life-altering experience. Beyond worsening health, overwhelming medical bills, lost earnings, and lasting trauma may burden you.
If a driver’s negligence runs you over, you have the legal right to seek compensation for your injuries, financial losses, and emotional suffering. However, you may encounter numerous hurdles while protecting your rights.
Drivers and insurers may dispute fault, downplay your injuries, or pressure you into an unfair settlement. You must also compile medical evidence, handle insurance negotiations, and adhere to legal deadlines.
You should, therefore, work with a legal professional for advice regarding your rights. A pedestrian accident attorney will investigate the incident, gather evidence, sue the negligent party, and fight tirelessly for fair and just compensation.
Pedestrian Accident Key Takeaway
- You can sue someone for running you over if negligence caused your injuries, ensuring fair compensation for medical and financial losses.
- Liability in pedestrian accidents may fall on drivers, pedestrians, third parties, or government entities, depending on the circumstances.
- Compensation covers medical expenses, lost earnings, out-of-pocket expenses, and intangible losses.
- A pedestrian accident attorney gathers evidence, negotiates with insurers, and fights in court to secure maximum recovery.
- Call a pedestrian accident lawyer to understand your legal options.
Can You Sue Someone for Running You Over?
Yes, you can sue someone for running you over. Here are a few compelling circumstances that make it necessary to file a lawsuit.
Severe Injury
When you suffer severe injuries from being run over, the medical expenses, rehabilitation costs, and long-term care needs can exceed what insurance companies initially offer. Catastrophic injuries like traumatic brain injuries, multiple fractures, or permanent disabilities may also prevent you from returning to work.
A lawsuit allows you to pursue full compensation for current and future medical expenses, lost earning capacity, and pain and suffering. You can also demonstrate these injuries' profound impact on your quality of life. Insurance settlements rarely account for the actual long-term costs of severe injuries.
Disputed Liability
When the driver disputes fault or claims you were partially responsible for the accident, a lawsuit may be necessary to establish clear liability. Insurance companies often use disputed liability as grounds to reduce or deny claims.
A pedestrian accident lawyer can present evidence through litigation, call witnesses, and use professional testimony to prove the driver's negligence. Court action ensures that fault is determined correctly and you receive compensation proportionate to the driver's responsibility.
Low Settlement Offer
Insurance companies frequently make inadequate initial settlement offers, hoping victims will accept quick payments without objections. These offers rarely cover the full extent of your damages, particularly future medical needs or reduced earning capacity.
Filing a lawsuit motivates insurance companies to make more reasonable offers during settlement negotiations.
Uninsured Driver
When an uninsured driver runs you over, you can initiate a lawsuit to access other sources of compensation. While drivers may lack insurance, you can target their personal assets, property, or future earnings to satisfy a judgment.
While uninsured motorist coverage may provide compensation, a lawsuit ensures you explore all available recovery options.
Potential Punitive Damages
If the driver acted egregiously—such as driving drunk, speeding excessively, or showing road rage—you may qualify for punitive damages and standard compensation. These damages punish dangerous behavior and deter similar future conduct.
Punitive damages can increase your settlement value, but they're only available through litigation, not insurance settlements. A pedestrian accident lawyer can use evidence to demonstrate the reckless actions of the negligent party, increasing your chances of receiving punitive damages.
Who Is Liable in a Pedestrian Accident
Determining liability in pedestrian accidents requires careful examination of the crash. Depending on the specific situation, multiple parties can be at fault.
While drivers owe pedestrians a heightened duty of care, courts don’t automatically assign liability to the motorist in every case. Here are potential parties who may be liable in a pedestrian crash.
Driver Liability
Drivers are liable when their negligent actions cause pedestrian accidents.
Common causes of pedestrian liability include:
- Failing to yield at crosswalks
- Speeding through residential areas
- Driving while distracted by cell phones
- Operating under the influence of alcohol or drugs
- Violating traffic signals.
Drivers are liable when they fail to exercise reasonable care, maintain a proper lookout for pedestrians, and follow traffic laws designed to protect those on foot.
Pedestrian Liability
Pedestrians can bear partial or complete responsibility when their actions contribute to accidents. Jaywalking, crossing against traffic signals, walking in prohibited areas like highways, or entering roadways while intoxicated can establish pedestrian liability.
Even if pedestrians break traffic laws, drivers remain partially at fault if they had a chance to prevent the collision.
A pedestrian accident lawyer can gather evidence, challenge fault percentages, and negotiate strategically to reduce liability. They will also use their knowledge and experience, allowing you to receive fair and just compensation despite partial responsibility.
Third-Party Liability
Government entities may be liable for poorly maintained crosswalks, inadequate lighting, or defective traffic signals. Property owners can also be held liable for obstructed sightlines or dangerous conditions.
Vehicle manufacturers might be responsible if mechanical failures contribute to accidents.
Compensation for Pedestrian Hit by Car
When a vehicle strikes a pedestrian, the injuries often prove devastating and life-altering. The injured pedestrian can initiate a personal injury claim or lawsuit to obtain compensation for their losses.
Pedestrian accident settlements typically encompass economic and non-economic damages that reflect the full impact of the incident.
Medical Expenses
You must incur medical expenses as you recover from an injury after a pedestrian accident. Medical payments cover all healthcare costs related to your injuries, including emergency room treatment, hospitalization, surgery, rehabilitation, physical therapy, prescription medications, and medical equipment like wheelchairs or prosthetics.
Moreover, medical expense compensation includes past costs already incurred and future medical needs. Therefore, it can cover ongoing therapy, follow-up surgeries, or lifetime care requirements for permanent disabilities.
Lost Income
Lost income addresses both immediate and long-term earning losses. These damages include income lost during recovery, reduced earning capacity due to permanent disabilities, and lost benefits like health insurance or retirement contributions.
Vocationalists may calculate the difference between past and future earning potential for severely injured pedestrians who cannot return to their previous occupation, ensuring compensation reflects the actual economic impact of career limitations.
Out-of-Pocket Expenses
Out-of-pocket expenses comprise various costs directly related to the accident that insurance doesn't cover. You can pursue compensation for these out-of-pocket expenses:
- Transportation to medical appointments
- Over-the-counter medications
- Home or vehicle modifications for disabilities
- Assistance with daily activities
- Emergency medical services
- Medical devices
Pain and Suffering
Pain and suffering damages acknowledge the pain, physical discomfort, trauma, and inconvenience caused by your injuries. These damages include both the immediate trauma of the accident and ongoing pain from injuries, medical procedures, and rehabilitation.
Courts consider injury severity, treatment duration, and long-term prognosis when determining pain and suffering awards. For example, you can pursue pain and suffering damages if an injury has caused chronic pain for months, years, or the rest of your life.
Emotional Anguish
Emotional anguish addresses the psychological impact of being struck by a vehicle. Many pedestrian accident victims develop anxiety, depression, post-traumatic stress disorder, or phobias about crossing streets or being near traffic.
Compensation for emotional anguish allows the injured victim to pay for mental health treatment costs. A pedestrian accident lawyer can prove mental anguish using prescription records, counseling notes, personal journals, or witness statements.
Loss of Enjoyment of Life
You can pursue compensation for your inability to participate in activities you previously enjoyed. These damages recognize how injuries diminish life satisfaction and personal fulfillment.
A pedestrian accident lawyer can assist in initiating a claim if your injuries prevent you from playing sports, traveling, pursuing hobbies, or maintaining social relationships.
Loss of Companionship
Loss of companionship applies when injuries affect your relationships with family members. Spouses may claim loss of consortium for diminished intimacy, friendship, and support due to the death or severe injury of their partner.
On the other hand, children and parents can seek compensation for damaged family relationships due to personality changes or reduced ability to participate in family activities.
Permanent Disability and Disfigurement
These damages represent some of the most significant damage categories in pedestrian accidents. Permanent disabilities that affect mobility, cognitive function, or sensory abilities require substantial compensation.
The court award or settlement value must reflect lifetime impacts on independence, employment, and quality of life. Disfigurement damages address visible scarring, limb loss, or other physical changes that affect appearance and self-esteem.
How Long Does It Take to Settle a Pedestrian Accident
The timeline for settling a pedestrian accident case varies based on multiple factors, ranging from several months to several years.
Injury Severity and Medical Treatment Duration
The extent of your injuries directly impacts settlement timing. Minor injuries with quick recovery periods often settle within months, while catastrophic injuries requiring extensive treatment, multiple surgeries, or long-term rehabilitation can take years to resolve.
Medical professionals must declare maximum medical improvement before accurately assessing permanent disabilities and future care needs. Rushing settlement negotiations before understanding the full scope of your injuries typically results in inadequate compensation.
Liability Disputes
Clear-cut cases where the driver's fault is undisputed generally settle faster than pedestrian crashes involving shared responsibility.
When parties dispute liability, a thorough investigation is essential. You may need to work with accident reconstruction, expert witness testimony, and detailed evidence analysis. Insurance companies may also delay settlement offers while disputing fault percentages.
Insurance Company Cooperation
Responsive insurance companies with adequate coverage limits facilitate quicker settlements. Insurers who employ delay tactics or offer unreasonably low amounts prolong the process.
Some insurers intentionally drag out negotiations, hoping accident victims will accept inadequate offers due to financial pressure. An experienced pedestrian accident lawyer can counter these tactics and maintain negotiating leverage.
Case Complexity
Straightforward cases with abundant evidence settle more quickly than those requiring extensive investigation. Complex cases may take time because they involve expert witnesses, medical testimony, and economic analysis.
Legal Representation
An experienced pedestrian accident attorney understands how to navigate the settlement process while maximizing compensation. They know when to negotiate or litigate, preventing unnecessary delays while ensuring fair outcomes.
Court Schedules and Litigation
If settlement negotiations fail and the case proceeds to trial, court scheduling constraints can add months or years to the settlement. Busy court dockets, discovery processes, and pre-trial motions all extend timelines.
Most pedestrian accident cases settle out of court within six months to two years. Severe injury cases or disputed liability situations may take longer.
Don’t Settle For Less Than You Deserve
You may sustain life-threatening injuries like traumatic brain injuries, multiple fractures, or spinal cord injury after someone runs you over. Recovering takes a lengthy treatment plan, hefty medical expenses, and long-term care.
Suing the negligent party allows for a neutral assessment of your claim, allowing you to demonstrate the actual nature of your losses. A pedestrian accident lawyer can make compelling arguments before a judge to increase your chances of receiving maximum settlement value for your losses.
Contact a personal injury lawyer for legal support.
Pedestrian Accidents Frequently Asked Questions
Can You Sue for Punitive Damages
You can sue for punitive damages in rideshare accidents involving egregious conduct like drunk driving, reckless speeding, or intentional harm. Punitive damages punish hazardous behavior and deter similar future conduct.
However, they're awarded sparingly and require proving the defendant's actions were particularly malicious, fraudulent, or showed willful disregard for safety.
Will My Case Go to Court
Most personal injury cases settle out of court through negotiations between attorneys and insurance companies. Your case may go to trial if settlement negotiations fail, parties dispute liability, or insurance companies refuse to offer fair compensation.
Complex cases involving severe injuries or disagreements about fault are more likely to require court proceedings.
Should I Accept the First Offer of a Car Accident Settlement
You should rarely accept the first settlement offer from an insurance company. Initial offers are typically low and don't account for future medical expenses, rehabilitation expenses, or ongoing care.
Consult a pedestrian accident lawyer before accepting any settlement, as you cannot reopen negotiations once you sign. Most cases settle for significantly higher amounts after negotiations or court action.