Pedestrian accidents are among the most devastating traffic incidents, often leaving victims with severe injuries such as fractures, spinal damage, or amputated limbs. Beyond the physical harm, victims frequently endure emotional trauma and reduced quality of life.
If someone else’s negligence causes a car to hit you, you have the legal right to pursue compensation for your losses. Unfortunately, securing fair compensation is rarely straightforward.
Insurance companies may downplay your injuries, dispute liability, or offer inadequate settlements that fail to cover long-term needs. Facing these challenges without a legal professional can overwhelm you.
A pedestrian accident lawyer can investigate the incident, gather evidence, and initiate a claim or lawsuit against the negligent party. You can count on a pedestrian accident attorney to recover the maximum settlement value.
Pedestrian Accident Key Takeaway
- Seek immediate medical care, file a police report, and consult a pedestrian accident attorney after being hit by a car.
- Pedestrians can sue negligent drivers for serious injuries, disputed liability, or low insurance offers.
- Proving negligence requires showing the driver breached their duty of care and caused damages.
- Pedestrians may share liability, but drivers still owe a duty of care.
- A pedestrian accident lawyer strengthens your case, negotiates with insurers, and fights for maximum compensation.
- Call a pedestrian accident attorney to protect your legal right to compensation.
What to Do When a Car Hits a Pedestrian
Your actions after an injury in a pedestrian crash can enhance your wellness and protect your legal rights. Here’s what to do after an injury in a pedestrian crash:
Seek Immediate Medical Attention
You should seek immediate medical attention even if you feel fine after a pedestrian accident. Adrenaline and shock can mask serious injuries, making you unaware of internal bleeding, brain trauma, or spinal damage that require urgent treatment.
A healthcare provider can diagnose hidden injuries and initiate a treatment plan. They will also document the injuries and treatment, linking your harm directly to the accident. A pedestrian accident attorney can use medical records to prove the severity of the injury and losses.
Insurance companies frequently argue that delayed medical treatment shows injuries weren’t serious or resulted from events after the crash. Medical records from the accident scene and emergency room can prove your injuries and support your claim.
File a Police Accident Report
Filing a police accident report is an essential step after a pedestrian accident. A law enforcement officer will generate a crash report, a formal record of the accident, which can support your potential legal case.
The report documents the crash's location, time, and circumstances. A law enforcement officer can also capture statements from witnesses and parties involved. A pedestrian accident lawyer can use a police accident report to establish liability.
The details in a police crash report can prevent any disputes or discrepancies in the future by solidifying the facts surrounding the accident. Most importantly, a police accident report is a powerful source of evidence to build a strong case and pursue the compensation you deserve.
Consult A Pedestrian Accident Attorney
Being struck by a vehicle as a pedestrian can leave you facing overwhelming physical, emotional, and financial challenges. You shouldn't face the aftermath of a crash alone while dealing with injuries and recovery.
A qualified pedestrian accident attorney can serve as your advocate, ensuring your rights are protected while you focus on healing. They can assist in the following ways:
Filing a Personal Injury Claim or Lawsuit
A pedestrian accident lawyer understands the legal requirements for filing successful personal injury claims. They will investigate the accident, gathering compelling evidence including witness statements, surveillance footage, and medical records.
They can also identify all potentially liable parties, not just the driver, but possibly the vehicle owner, employer, or government entities. Most importantly, they will estimate the value of your losses, allowing you to claim a maximum settlement value.
Negotiate with Insurers
Insurance companies employ experienced adjusters and legal teams whose primary goal is to minimize payouts. Attempting to negotiate alone puts you at a significant disadvantage, especially while recovering from injuries.
A pedestrian accident lawyer handles all communications with insurance companies, preventing you from making statements that can harm your case. They understand common tactics insurers use to reduce settlements and counter these strategies.
A pedestrian accident attorney can secure higher settlements because they know how to present compelling evidence and argue for maximum compensation. They are also willing to litigate the case in court in pursuit of a fair and just settlement.
Adhere to Legal Timelines
Personal injury cases involve strict deadlines called statutes of limitations, which vary by state but typically range from one to three years. Missing these deadlines can permanently bar your right to compensation, regardless of how strong your case might be.
A pedestrian accident attorney understands the applicable timelines in your case. They will file paperwork, handle court appearances, and adhere to procedural requirements that can derail your case if mishandled.
Can a Pedestrian Sue if Hit by a Car
Yes, pedestrians can sue if they are hit by a car and the driver's negligence causes the accident and resulting injuries. While many cases settle through insurance negotiations, certain circumstances make litigation the most effective path to recovery.
A successful lawsuit requires proving the driver owed a duty of care, breached that duty, and directly caused damages. A pedestrian accident attorney can use a lawsuit to demand a higher settlement that matches your injury-related losses.
Here are a few reasons a pedestrian can sue when hit by a car:
Severe Injury
When pedestrian accidents result in catastrophic injuries such as spinal cord damage, severe burns, or permanent disabilities, the injury-related losses are higher. On the contrary, a victim of a minor cut incurs minimal losses.
Recovering from a severe injury often requires extensive medical treatment, long-term rehabilitation, and may permanently impact your ability to work and maintain quality of life.
Insurance companies frequently undervalue severe injuries, offering settlements that fail to account for lifetime medical needs, lost earning capacity, and long-term impact.
A lawsuit allows for comprehensive damage estimation through professional testimony and detailed medical projections. A pedestrian accident lawyer can use evidence to push for a higher settlement that covers future losses before a judge.
Disputed Liability
Insurance companies and drivers often dispute fault or shift blame to injured victims in pedestrian accidents. For example, an insurer may claim a pedestrian was jaywalking, distracted, or otherwise negligent.
When parties contest liability, insurance companies often deny claims completely or offer minimal settlements based on their version of events. A lawsuit allows a pedestrian accident lawyer to support your innocence using traffic camera footage, cell phone records, witness depositions, and accident reconstruction analysis.
The legal frameworks in court allow an injured victim to establish the driver's negligence and counter false narratives about the accident.
Uninsured or Underinsured Driver
You can also file a lawsuit when the at-fault driver lacks adequate insurance coverage to cover your injury-related losses. Even drivers with insurance may carry only minimum state-required coverage, often insufficient for serious pedestrian injuries.
A lawsuit enables you to pursue the driver's personal assets and explore additional coverage sources, including uninsured motorist protection. Legal action also preserves your rights while investigating whether other parties share liability, such as employers in commercial vehicle cases.
Low Settlement Offers or Rejected Claims
Insurance companies often make lowball settlement offers, hoping injured pedestrians will accept quick payouts without objections. Some insurers reject valid claims, betting injured victims won't pursue legal action.
Filing a lawsuit demonstrates your commitment to fair compensation and often motivates insurance companies to make reasonable settlement offers during litigation. The threat of trial, with potential for higher jury verdicts, frequently leads to improved negotiations.
Reckless Driving
Cases involving drunk driving, excessive speeding, distracted driving, or other reckless behaviors warrant legal action beyond compensation. A pedestrian accident attorney can demonstrate reckless driving and make a case for punitive damages.
These cases often generate substantial settlements or verdicts due to the egregious nature of the driver's conduct.
How to Prove Negligence in a Car Accident
Proving negligence in a pedestrian accident requires establishing four key legal elements: the driver owed a duty of care, breached that duty, caused the accident, and resulted in damages.
A pedestrian accident attorney can prove negligence by gathering compelling evidence demonstrating the driver's failure to exercise reasonable care while operating their vehicle.
Here are different sources of evidence to prove the driver’s negligence:
- Police Reports document the responding officer's assessment of the accident scene, witness statements, and any traffic citations issued. Officers often include their preliminary determination of fault based on physical evidence and witness accounts, providing an official record that carries significant weight in legal proceedings.
- Witness Testimony from individuals who observed the accident provides independent verification of events. Witnesses can testify about the driver's speed, whether they ran a red light, used their phone, or appeared impaired. Multiple but consistent witness accounts can create a powerful narrative supporting your negligence claim.
- Traffic Camera Footage offers objective evidence of the accident sequence. Surveillance cameras from nearby businesses, traffic intersections, or dashcams from other vehicles can capture the moments leading up to and during the collision.
- Cell Phone Records can demonstrate distracted driving if the driver was texting, calling, or using apps during the accident. Phone companies maintain detailed records of calls, texts, and data usage that courts can subpoena to prove the driver was distracted.
- Toxicology Reports reveal whether the driver was under the influence of alcohol or drugs. Blood alcohol content results, drug screening, and field sobriety test results provide concrete evidence of impairment that directly relates to the driver's ability to operate safely.
- Vehicle Damage Analysis and skid marks help accident reconstructionists determine vehicle speed, point of impact, and driver reaction time. The pattern and extent of damage often contradict driver claims about their speed or attentiveness.
- Medical Records establish the direct connection between the accident and your injuries, documenting the severity and extent of damage caused by the driver's negligence.
- Professional testimony from accident reconstruction specialists, medical professionals, and traffic safety professionals provides a professional analysis of the evidence. A pedestrian accident lawyer can use professional testimony to reinforce your negligence claims.
Get Legal Support From a Pedestrian Accident Lawyer
You’re likely to endure financial strain after sustaining an injury in a pedestrian crash caused by someone’s negligence. For example, a severe fracture can keep you out of work for several months, leading to loss of income.
While you may be entitled to compensation, you must demonstrate how the negligent party's actions contributed to your losses. A pedestrian accident lawyer can prove your financial losses and work tirelessly to protect your right to compensation.
Get in touch with a personal injury lawyer to understand your legal options.
Pedestrian Accidents Frequently Asked Questions
Can a Pedestrian Be Liable for a Car Accident
Yes, pedestrians can be liable for car accidents if their actions contribute to the incident. Examples include jaywalking, crossing against traffic signals, walking on highways, or being under the influence.
Under shared fault laws, liability is shared based on the percentage of responsibility. However, drivers still have a duty to exercise reasonable care to avoid hitting pedestrians whenever possible.
Will My Case Go to Trial
Most pedestrian accident cases settle out of court, with a small fraction proceeding to trial. Cases typically go to trial when parties can't agree on liability, compensation amount, or if insurance companies deny valid claims.
Factors contributing to your case going to trial include dispute severity, available evidence, and settlement negotiations. A pedestrian accident lawyer will advise whether a trial offers a better outcome than settlement negotiations.
Do I Have to Give a Statement to My Insurance Company
Yes, you're typically required to give your insurance company an account of the crash under your policy's cooperation clause. However, you must not speak with the other driver's insurer.
A pedestrian accident attorney can help prepare you for these statements and ensure you don't inadvertently harm your claim. They can handle communications with other insurers and protect your rights.