By Christie Nicholson, J.D. | Legally reviewed by Katrina Wilson, Esq. | Last reviewed November 03, 2023
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When pedestrian accidents occur, they can have disastrous consequences. You may have a legal claim for damages if a vehicle crashes into you or a loved one. It depends on several things.
First, there are specific steps you need to take to protect your legal rights. Second, you must seek medical attention immediately after the accident to ensure you are okay. Finally, consult with a personal injury lawyer so they can help file your claim and pursue the other driver for damages.
This article will highlight:
Virtually everyone is a pedestrian at one point or another. Even if you're walking to your car after a shopping expedition at the mall, you're at risk of being struck by a car or SUV. According to the Centers for Disease Control (CDC), over 7,000 pedestrians died in motor vehicle accidents in 2020. Unfortunately, the number of pedestrian accidents doesn't seem to be decreasing.
According to the National Highway Traffic Safety Administration (NHTSA), 73% of pedestrian deaths occur in cities. They also tend to happen at places other than intersections. While most pedestrian accidents involve negligent drivers, that isn't always the case. Sometimes, it's the pedestrian who is at fault.
There are specific steps you need to take in the moments and days following your auto accident. What an injured pedestrian does immediately after the accident will determine whether they'll recover damages from the defendant.
If you follow the steps outlined below, you'll increase your chances of collecting damages:
You must reach out to an attorney sooner rather than later. You only have a certain amount of time to file your claim. This is because every state has a “statute of limitations." This law dictates how long you have to sue the other party.
In Florida, for example, you have four years from the date of your accident to file suit. In Minnesota, however, you only have two years to file your lawsuit. Keep in mind these filing deadlines are different for wrongful death cases. If your loved one died after a pedestrian accident, you must check your state's statute of limitations.
The most common types of pedestrian accidents involve driver negligence or a distracted pedestrian. Sadly, many of these cases also involve those in wheelchairs and strollers. Because there is nothing to protect the victim from the impact of the motor vehicle, pedestrian injuries in these cases are often quite severe.
The most common causes of pedestrian accidents include the following:
Every case is unique. Your pedestrian accident lawyer will have to review the evidence in your case and determine if you have a legal claim. If you can prove negligence, you may be entitled to significant compensation.
To recover damages, a pedestrian accident victim must prove the other motorist was negligent. This requires you to prove four things:
The hardest part of any negligence claim is demonstrating that the defendant breached their duty of care. There are several ways you can do this.
If your attorney can prove that you had the right of way at the time of the accident, it will go a long way toward establishing a breach of duty. The same is true if you prove the defendant violated one of the local traffic laws.
You can find this information in the police report. This is one of the main reasons an experienced attorney will tell you to call 911 after your accident.
You hire a pedestrian accident attorney because you want compensation for your serious injuries. Your attorney can help file a personal injury claim against the driver's insurance. Your personal injury attorney can negotiate a fair settlement with the at-fault party's insurance carrier. If this isn't possible, they'll have no problem filing a lawsuit on your behalf.
The plaintiffs in most pedestrian accident cases typically demand some or all of the following:
The amount of money you recover from the motorist who hit you will depend on the specific facts of your case. For example, someone suffering a traumatic brain injury will likely recover more than someone who only suffered broken bones.
Sadly, many pedestrian accident cases involve children. Kids don't have the maturity that adults have when crossing the street. They might assume that drivers will stop for them no matter what.
If a motor vehicle strikes your child, then your child may be entitled to damages. There are several links to helpful resources regarding child safety at the end of this article. There, you'll find out how best to keep your children safe. It also discusses some statistics for child injuries in motor vehicle accidents.
If you or a family member were injured while walking near a roadway, seeking legal help as soon as possible is in your best interests. Below, you'll find links to several pedestrian accident resources on roadway safety, filing an insurance claim or personal injury claim, and getting the legal help you need.
See Pedestrian Accidents FAQ and Pedestrian Accidents on Interstate Highways to learn more.
When a motor vehicle hits a human being, the results are devastating. The last thing you want to do is deal with medical expenses, insurance companies, and lawyers, but if you or a loved one are a pedestrian accident victim you'll want a strong advocate. Don't wait to contact a local car accident attorney today and schedule your free case evaluation.
Contact a qualified auto accident attorney to make sure your rights are protected.
Get tailored legal advice and ask a lawyer questions about your accident. Many attorneys offer free consultations.