Pedestrians are vulnerable on the road because they lack the protection of a vehicle, making them highly susceptible to severe injuries when accidents occur. A moment of driver distraction, speeding, or failure to yield can leave a pedestrian facing life-changing consequences.
You may be entitled to compensation if injured in a pedestrian crash caused by someone else’s negligence. Pursuing compensation after a pedestrian accident is rarely straightforward.
Insurance companies may attempt to minimize payouts or shift blame. You must also demonstrate how the negligent actions of the at-fault party contributed to your injuries and losses.
You should, therefore, work with a legal professional to guide you in the aftermath of a crash. A pedestrian accident lawyer can investigate the crash, gather evidence, negotiate with insurers, and or litigate in court for maximum compensation possible.
Key Takeaways about Pedestrian Accidents
- Distracted driving, speeding, failure to yield, and impaired driving are leading causes of pedestrian accidents.
- Injured pedestrians have the legal right to sue negligent drivers for fair compensation.
- Settlement amounts depend on injury severity, liability, and insurance coverage.
- Compensation can include medical costs, lost earnings, out-of-pocket expenses, loss of enjoyment of life, pain and suffering, and others.
- A pedestrian accident attorney strengthens claims, handles insurers, and fights for maximum recovery.
- Call a pedestrian accident lawyer for legal advice about your rights.
Common Causes of Pedestrian Accidents
Here are six common factors that contribute to pedestrian accidents:
- Distracted Driving: Many drivers are often preoccupied with texting, adjusting the radio, or eating while driving. When drivers take their focus away from the road, they miss pedestrians crossing the street, leading to collisions.
- Failure to Yield: Some drivers fail to yield the right of way to pedestrians at crosswalks or intersections, leading to dangerous collisions.
- Speeding: Exceeding the speed limit reduces a driver's reaction time and increases the severity of accidents. Speeding drivers cannot stop in time to avoid hitting a pedestrian, especially in busy urban areas.
- Impaired Driving: Driving under the influence of alcohol or drugs impairs a driver's judgment, coordination, and reaction time. Impaired drivers are more likely to cause pedestrian accidents due to their compromised state.
- Poor Visibility: Limited visibility conditions, such as fog, rain, or nighttime darkness, can make it challenging for drivers to see pedestrians on the road.
- Ignoring Traffic Signals: Disregarding traffic signals, such as running red lights or stop signs, can lead to collisions with pedestrians with the right of way.
Can a Pedestrian Sue if Hit by a Car
Yes, you can sue if you are injured by a vehicle driver while walking or crossing the road. A pedestrian accident lawsuit allows for a fair assessment of the claim, potentially leading to a higher settlement value.
Here are a few reasons to sue if hit by a car:
Severe Injury or Permanent Disability
A pedestrian can initiate a lawsuit after suffering a catastrophic injury such as traumatic brain injury, multiple fractures, or amputations. A lawsuit becomes necessary to secure adequate compensation for your losses.
These life-altering conditions require extensive medical treatment, rehabilitation, and ongoing care that can cost hundreds of thousands of dollars over a lifetime. Insurance settlements rarely cover the full extent of future medical needs, lost earning capacity, and the profound impact on quality of life.
A lawsuit allows victims to present comprehensive evidence of damages, including professional testimony about future care needs and economic losses. Permanent disabilities often require home modifications, assistive devices, and long-term care assistance.
A pedestrian accident attorney can initiate a lawsuit on your behalf to recover fair compensation for these substantial expenses.
Low Settlement Offer
Insurance companies frequently offer inadequate settlements that fail to reflect the actual value of a pedestrian's claim. These initial offers typically cover immediate medical bills and ignore future treatment costs, lost earnings, pain and suffering, and long-term complications.
When faced with unreasonably low offers, filing a lawsuit demonstrates serious intent and often motivates insurers to present more realistic compensation. The threat of a jury trial pressures the insurers for a fair negotiation.
A pedestrian accident lawyer can use the discovery process to uncover additional evidence supporting higher damages. Many injured victims who receive lowball offers ultimately settle for higher amounts once legal proceedings begin.
Disputed Liability
When parties contest fault, litigation may be the only way to establish the driver's responsibility and secure compensation. Insurance companies and defendants often argue that pedestrians contributed to accidents through distraction or failure to follow traffic signals.
Solving liability disputes requires thorough investigation, accident reconstruction, witness testimony, and analysis of traffic laws. A pedestrian accident attorney can use a lawsuit to present additional evidence, cross-examine witnesses, and challenge the defendant's version of events.
They can also rely on expert witnesses to reconstruct the accident scene, analyze vehicle speeds, and demonstrate how the driver's actions violated traffic laws or safety standards.
Reckless Driving
Cases involving drunk driving, excessive speeding, texting while driving, or other reckless behaviors often warrant punitive damages beyond basic compensation. A judge can award you punitive damages to punish dangerous conduct and deter similar behavior.
Reckless driving cases typically involve clear liability and strong evidence of negligence, making them suitable for litigation. Juries tend to be sympathetic to pedestrian victims when drivers engage in dangerous behavior.
A pedestrian accident lawyer can gather evidence such as traffic camera footage, eyewitness statements, and police reports. By proving reckless disregard for safety, the lawyer strengthens the case for punitive damages.
Uninsured or Underinsured Driver
When at-fault drivers lack adequate insurance coverage, pedestrians may need to pursue personal lawsuits against the individual driver or seek compensation through their own underinsured motorist coverage.
A pedestrian accident attorney can use legal action to identify all potential sources of compensation, including the driver's personal assets, business insurance, or other liable parties.
They can also explore whether the driver was working during the accident, making their employer potentially liable. A pedestrian accident lawyer can check if vehicle defects contributed to the incident, creating manufacturer liability.
How Much Compensation for a Pedestrian Accident
There is no average compensation for a pedestrian accident. The claim's value depends on the facts and circumstances of the crash. Some of the factors that influence the value of a pedestrian accident include:
Severity of Injury
The extent and nature of injuries sustained in a pedestrian accident directly correlate with compensation amounts. Minor injuries like bruises, scrapes, or temporary sprains typically result in lower settlements.
However, severe injuries such as traumatic brain injuries, spinal cord damage, or internal organ damage deserve higher compensation values. These catastrophic injuries often require emergency surgery, extended hospital stays, rehabilitation therapy, and ongoing medical care.
A pedestrian accident attorney must account for current medical bills, future treatment costs, permanent disability accommodations, lost earning capacity, and diminished quality of life. Victims of severe injuries receive a higher settlement value to cater for treatment costs and cope with the new reality.
Shared Liability
Shared liability arises when the injured victim shares responsibility for the crash. If a pedestrian jaywalks, ignores traffic signals, or is distracted by electronic devices, their compensation may be reduced proportionally to their fault percentage.
In shared fault states, a pedestrian found 30 percent at fault will receive 70 percent of their total damages. Some jurisdictions follow rules that completely bar recovery if the pedestrian is found even slightly at fault.
Insurance companies investigate pedestrian behavior to minimize payouts by establishing shared fault. A pedestrian accident lawyer can use evidence to protect you from being unfairly blamed for the crash.
Insurance Coverage of the Negligent Party
The negligent party's insurance is primarily the source of compensation for the injured victim. Therefore, the at-fault driver's insurance policy limits can determine how much you’ll receive for your losses.
Drivers carrying only minimum liability coverage may have policies insufficient to cover severe pedestrian injuries.
Commercial drivers or those with umbrella policies provide access to higher compensation levels. Uninsured drivers present particular challenges, forcing pedestrians to rely on their own uninsured motorist coverage.
A pedestrian accident attorney can explore additional sources of compensation, including personal assets, through lawsuits.
Legal Representation
Injured victims who rely on the representation of a legal professional are likely to receive a higher settlement value. A pedestrian accident attorney can impact compensation outcomes through skilled negotiation, comprehensive case preparation, and litigation.
They understand insurance company tactics, how to value damages, and how to push for a maximum settlement value. Self-represented victims often accept inadequate initial offers or fail to document all recoverable damages.
Legal representation demonstrates your intention for a fair and just settlement, motivating insurers to present reasonable settlement offers. A pedestrian accident lawyer can access medical professionals, accident reconstruction specialists, and economic analysts who strengthen your claim.
Availability of Evidence
Evidence is the foundation of all legal claims. The availability of evidence influences compensation amounts and settlement negotiations. Traffic camera footage, witness statements, police reports, and accident scene photographs support liability and damages arguments.
A pedestrian accident lawyer can use medical records to document injury severity, treatment costs, and prognosis. They can also use cell phone records to prove driver distraction or toxicology to demonstrate impairment.
Lack of evidence weakens negotiating positions and may force acceptance of lower settlements. Therefore, the more evidence you have, the better your chances of receiving a higher settlement value.
Pedestrian Car Accident Compensation
You can initiate a personal injury claim or lawsuit to receive compensation for your losses. Some of the damages you can receive in a pedestrian accident include:
Economic Damages
Economic damages represent quantifiable financial losses resulting from pedestrian accidents. These include current and future medical expenses, hospital bills, surgery costs, rehabilitation therapy, prescription medications, and medical equipment.
You can recover lost income from missed work and diminished earning capacity if injuries prevent returning to your previous employment. A pedestrian accident attorney can pursue recovery for out-of-pocket expenses like home and vehicle modifications or insurance copays.
Non-Economic Damages
Non-economic damages compensate injured victims for intangible losses that impact an injured victim's life. For example, you can receive compensation for pain and suffering for pain, discomfort, trauma, and inconvenience resulting from the crash.
You can also pursue loss of enjoyment of life damages to cover the inability to participate in previously enjoyed activities, hobbies, or relationships. Disfigurement and scarring may warrant additional compensation for psychological impact and reduced quality of life.
A Pedestrian Accident Lawyer Can Fight For Your Deserved Compensation
You’re likely to endure financial strain after being injured in a pedestrian accident. For example, a lengthy treatment plan can cause you to incur debt to pay for medication, hospitalization charges, and ongoing care.
While you may be entitled to compensation for the above losses, the at-fault party's insurer may frustrate your claim. A pedestrian accident attorney can use evidence to negotiate with insurers and push for a fair and just settlement value.
Contact a personal injury lawyer for a seamless claim or lawsuit.
Pedestrian Accidents Frequently Asked Questions
What Is the Average Settlement for a Pedestrian Hit by a Car?
Pedestrian accident settlements vary dramatically based on several key factors rather than following a standard amount. Each case is unique, requiring an experienced pedestrian accident attorney to evaluate it individually.
The severity of injuries, availability of evidence, and long-term disability impact your settlement value. Fault determination, insurance coverage limits, the victim's age, and the strength of legal representation can also determine if you’ll receive a higher or lower settlement value.
How Much Does a Lawyer Cost for an Auto Accident?
Most auto accident lawyers work on contingency fees, a percentage of your settlement, meaning no upfront costs. Fees depend on case complexity, settlement versus trial, lawyer experience, and geographic location.
Some attorneys charge hourly rates for consultation or specific services. Before hiring a pedestrian accident lawyer, you should discuss fee structures upfront and ensure you understand all potential costs.
How Long Does It Take to Settle a Pedestrian Accident?
Pedestrian accident settlements typically take 6 months to 2 years, depending on various factors. Case complexity, injury severity, medical treatment duration, insurance company cooperation, and fault disputes affect timing.
Simple cases with clear liability may settle within months, while complex cases involving permanent disabilities or litigation may take years.