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Pedestrians struck by vehicles face catastrophic injuries. Without any protective barrier between their bodies and multi-ton vehicles, people on foot absorb the full force of impact. Even low-speed collisions cause broken bones, head trauma, or internal injuries. Higher-speed crashes often result in permanent disabilities or death.
Our friends at Fogelman Law LLC discuss how these claims work and what injured pedestrians should know. A pedestrian accident lawyer represents people struck by vehicles while walking, jogging, crossing streets, or standing on sidewalks, pursuing compensation for medical expenses, lost income, and life-altering injuries.
The Scope of the Problem
Pedestrian accidents remain a serious public safety concern. The Governors Highway Safety Association tracks annual pedestrian fatality data and reports that thousands of pedestrians die in traffic crashes each year. Many more suffer serious injuries requiring extensive medical treatment.
Urban areas see higher pedestrian accident rates due to greater pedestrian activity and vehicle traffic. However, suburban and rural crashes often involve higher speeds, leading to more severe injuries. Evening and nighttime hours present particular dangers when visibility decreases.
Common Causes of Pedestrian Accidents
Driver negligence causes most pedestrian crashes. Distracted driving has become increasingly problematic as phone use behind the wheel becomes more common. Drivers checking texts, scrolling social media, or making calls fail to see pedestrians in crosswalks or along roadways.
Failure to yield right of way at crosswalks represents another frequent cause. Pedestrians have the right of way in marked and unmarked crosswalks at intersections, yet many drivers ignore this rule. Some roll through stop signs without checking for pedestrians. Others turn without looking for people crossing.
Additional common scenarios include:
- Backing accidents in parking lots where drivers don’t check behind vehicles
- Speeding that reduces reaction time and increases impact force
- Running red lights or stop signs at intersections
- Drunk or drugged driving impairing judgment and reaction time
- Poor visibility conditions where drivers fail to adjust speed appropriately
- Sidewalk driving by vehicles leaving roadways
Establishing Liability
Proving driver fault requires showing the driver owed a duty of care, breached that duty through negligent driving, and caused injuries to the pedestrian. Traffic laws establish many driver duties. Running red lights, speeding, failing to yield, and other violations constitute breach of duty.
However, pedestrians must also follow traffic rules. Jaywalking, crossing against signals, or walking on highways where prohibited can affect liability determinations. Comparative negligence rules in most states reduce compensation by the pedestrian’s percentage of fault but don’t eliminate recovery unless pedestrian fault exceeds specific thresholds.
We gather evidence showing driver negligence and pedestrian compliance with traffic laws. Witness testimony, surveillance footage, traffic signals, and crosswalk markings all help establish what occurred.
Types of Injuries
The injuries we see in pedestrian cases reflect the vulnerability of unprotected human bodies struck by vehicles. Traumatic brain injuries occur when pedestrians strike windshields, hoods, or pavement. Even with immediate medical care, TBIs can cause lasting cognitive impairment, personality changes, or physical disabilities.
Spinal cord injuries happen when impact forces damage vertebrae or the spinal cord itself. These injuries may result in paralysis, loss of sensation, or chronic pain requiring lifelong treatment.
Broken bones are common, particularly fractures of the legs, pelvis, arms, and ribs. Compound fractures where bone pierces skin require immediate surgery and extensive healing. Some fractures cause permanent mobility limitations.
Internal organ damage from blunt force trauma can be life-threatening. Ruptured spleens, liver lacerations, and internal bleeding require emergency surgery. Soft tissue injuries affect muscles, tendons, and ligaments, causing chronic pain and reduced function.
Investigating Pedestrian Crashes
Thorough investigation begins immediately after crashes. Physical evidence at the scene includes vehicle damage, blood or debris patterns, skid marks, and road conditions. We photograph and measure everything before evidence disappears.
Witness statements provide independent accounts of how crashes occurred. People who saw the collision often noticed whether drivers were speeding, distracted, or violated traffic laws. We locate and interview witnesses quickly while memories remain fresh.
Police reports document officer observations and may include preliminary fault determinations. However, these reports sometimes contain inaccuracies or overlook important details. We identify errors and present contradicting evidence when necessary.
Surveillance cameras from nearby businesses, traffic cameras, or dash cameras capture actual collision footage. This video evidence often proves decisive in establishing what happened and who was at fault.
Accident reconstruction specialists analyze evidence to determine vehicle speed, pedestrian position, sight distances, and collision dynamics. Their testimony explains technical aspects and counters defense arguments about unavoidable accidents or pedestrian fault.
Calculating Damages
Economic damages include all medical expenses from emergency treatment through long-term care. Ambulance transport, emergency room treatment, surgeries, hospitalization, rehabilitation, medications, assistive devices, and ongoing therapy all factor into calculations. Life care planners project future medical needs and costs when injuries cause permanent disabilities.
Lost wages compensate for income lost during recovery. Many pedestrian accident victims miss months of work while healing from serious injuries. Lost earning capacity addresses permanent inability to return to previous occupations or reduced work capacity due to disabilities.
Non-economic damages compensate for pain, suffering, permanent impairment, scarring, emotional distress, and loss of life enjoyment. Serious pedestrian injuries fundamentally change lives. People who were active and independent may require assistance with basic activities. These profound losses deserve recognition and compensation.
Insurance Coverage in Pedestrian Cases
The at-fault driver’s auto liability insurance typically provides the primary source of compensation. However, serious pedestrian injuries often exceed standard liability limits. Many drivers carry only minimum required coverage, which may be insufficient for catastrophic injuries.
Pedestrians injured by uninsured or underinsured drivers may recover through their own uninsured motorist coverage if they have auto insurance. Some homeowners or renters insurance policies also provide limited medical payments coverage.
Hit-and-run situations present special challenges. Uninsured motorist coverage may apply when drivers flee scenes. Crime victim compensation programs provide limited funds in some cases. We explore all potential coverage sources to maximize recovery.
Dealing with Insurance Companies
Insurance adjusters defending pedestrian claims often employ tactics to minimize payouts. They may argue pedestrians were jaywalking, distracted, or partially at fault. Quick settlement offers before injury severity becomes fully apparent aim to resolve claims cheaply.
Recorded statements are used against claimants. Adjusters ask leading questions designed to elicit responses suggesting pedestrian fault. Social media surveillance seeks photos or posts suggesting injuries aren’t as serious as claimed.
We handle all insurance communications, protecting clients from these tactics. Having representation levels the playing field against insurance companies with substantial resources and experience minimizing claim values.
Time Limits for Filing Claims
Statutes of limitations impose strict deadlines for filing pedestrian accident lawsuits. These time limits vary by state, typically ranging from one to four years from the accident date. Some circumstances can modify these deadlines, but relying on exceptions is risky.
Missing filing deadlines usually bars recovery permanently. Courts rarely make exceptions. Consulting with an attorney soon after accidents protects legal rights regardless of how claims ultimately proceed.
What to Do After Being Hit
Immediate actions after pedestrian accidents affect both health and legal claims. Seek medical attention even if injuries seem minor initially. Some serious conditions like internal bleeding or brain injuries aren’t immediately apparent. Prompt medical care also establishes the connection between accidents and injuries.
Report accidents to police. Official reports document when and where collisions occurred and may include driver information. If physically able, collect the driver’s insurance information, license plate number, and contact details.
Photograph injuries, vehicle damage, and accident scenes if possible. Identify witnesses and obtain their contact information. Avoid discussing fault with drivers or insurance companies. Don’t sign documents or provide recorded statements without legal advice.
The Importance of Legal Representation
Pedestrian accident cases involve serious injuries, high-value claims, and aggressive insurance defense. Building strong cases requires investigating accidents thoroughly, working with medical and reconstruction professionals, calculating full damages including future needs, and negotiating effectively with insurance companies.
We’ve represented pedestrians injured in crosswalks, parking lots, residential streets, and highways. Each case presents unique circumstances, but all require dedicated advocacy to achieve fair compensation.
Moving Forward After Your Accident
Being struck by a vehicle as a pedestrian is traumatic and life-changing. The road to recovery involves extensive medical treatment, financial pressures, and uncertainty about the future. Pursuing legal compensation won’t eliminate injuries but provides resources for treatment and holds negligent drivers accountable.
If you’ve been injured as a pedestrian in a traffic accident, speaking with an attorney about your rights and options is an important step. Early legal representation protects your interests, preserves evidence, and positions your claim for the best possible outcome while you focus on healing and rebuilding your life after this traumatic event.