This article is for general informational and educational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Laws vary by state and change over time. For your specific situation, consult a licensed attorney in your jurisdiction.
Pedestrians have virtually no protection in a collision with a vehicle, which is why even a low-speed impact can cause serious injury. A pedestrian accident lawyer helps injured pedestrians pursue compensation from the driver, and sometimes from other responsible parties, after being struck.
Common Causes of Pedestrian Accidents
- Drivers failing to yield at crosswalks or intersections
- Distracted driving, including phone use
- Speeding through residential or school zones
- Poor visibility due to inadequate street lighting
- Vehicles backing out of driveways or parking spaces without checking
- Left or right turns made without checking for pedestrians in the crosswalk
Right-of-Way and Fault
Pedestrians generally have the right of way in marked crosswalks and at intersections, but rules vary by state and by whether the pedestrian was crossing legally. Even pedestrians crossing outside a crosswalk may still recover compensation under comparative negligence rules in many states, though their percentage of fault can reduce the award.
Typical Injuries in Pedestrian Accidents
| Injury Type | Notes |
|---|---|
| Traumatic brain injury | Common even in lower-speed impacts |
| Fractures | Legs, hips, and pelvis are frequently affected |
| Spinal cord injuries | Can result in long-term or permanent disability |
| Internal injuries | Often not immediately apparent after the incident |
What to Do After Being Struck as a Pedestrian
- Call 911 and request medical evaluation, even if you feel able to walk away
- Get the driver’s information and insurance details
- Photograph the scene, the vehicle, and the crosswalk or intersection markings
- Get contact information for witnesses
- Avoid making statements about fault at the scene
- Consult a pedestrian accident lawyer, especially if injuries are significant
Compensation in Pedestrian Accident Claims
Because pedestrians typically sustain more severe injuries than vehicle occupants in a collision, settlements can reflect substantial medical costs, extended recovery time, and in serious cases, long-term disability. Compensation generally covers medical expenses, lost income, pain and suffering, and future care needs, though the specific amount depends heavily on liability and available insurance coverage.
Frequently Asked Questions
Can I still recover compensation if I wasn’t in a crosswalk?
Often yes, though your compensation may be reduced under your state’s comparative negligence rules.
What if the driver claims they didn’t see me?
Drivers have a legal duty to watch for pedestrians; this defense doesn’t automatically excuse liability.
Who pays for my medical bills after a pedestrian accident?
Typically the at-fault driver’s liability insurance, though the exact process can depend on your state’s insurance laws.
What is the deadline to file a pedestrian accident claim?
It depends on your state’s statute of limitations for personal injury claims. Confirm the specific deadline with a licensed attorney.
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Final Thoughts
Pedestrian accidents often result in disproportionately severe injuries relative to the speed involved. Prompt medical care, thorough documentation, and consulting a pedestrian accident lawyer early help ensure a claim reflects the true impact of the injury.
This article is for general informational and educational purposes only and does not constitute legal advice. Reading or sharing this article does not create an attorney-client relationship between you and info.duocorner.com, its contributors, or any affiliated party. Laws and procedures vary substantially by state and change frequently. For advice about your specific circumstances, consult a licensed attorney in the state where the relevant events occurred.