Every year, thousands of pedestrians are seriously injured or killed in traffic accidents across the United States. Whether you were crossing at a marked crosswalk, walking along a sidewalk, or navigating a parking lot, being struck by a vehicle can result in catastrophic injuries that change your life forever. Pedestrian accidents often leave victims facing mounting medical bills, lost wages, and long-term physical limitations. If you or a loved one has been injured in a pedestrian accident, understanding your legal rights is the first step toward recovering the compensation you deserve. Prince & Associates, PLLC has decades of experience helping injury victims hold negligent drivers accountable and secure maximum compensation for their losses.
The reality is that pedestrians have virtually no protection when struck by a vehicle. Even low-speed collisions can cause broken bones, head trauma, spinal cord injuries, and internal organ damage. Unlike drivers and passengers who benefit from seatbelts, airbags, and the structure of a vehicle, pedestrians absorb the full force of impact. This vulnerability makes pedestrian accidents particularly devastating and underscores why injured victims need experienced legal representation to fight for their rights.
What Are Pedestrian Accidents and Why Do They Happen?
Pedestrian accidents occur when a motor vehicle strikes a person who is walking, running, jogging, or standing near a roadway. These collisions can happen in various locations including crosswalks, intersections, parking lots, driveways, and residential streets. The injuries sustained are often severe because the human body has no protective barrier against the force of a moving vehicle.
According to the National Highway Traffic Safety Administration (NHTSA), a pedestrian is killed in a traffic crash every 75 minutes in the United States. These accidents don’t just happen randomly—they occur because someone failed to exercise reasonable care. Understanding the common causes helps establish liability and strengthens your injury claim.
Driver negligence is the leading cause of pedestrian accidents. Distracted driving has reached epidemic proportions, with motorists texting, adjusting GPS devices, eating, or engaging with passengers instead of watching the road. When drivers fail to observe pedestrians in crosswalks or entering the roadway, the results can be tragic.
Speeding significantly increases both the likelihood of a pedestrian accident and the severity of injuries. A vehicle traveling at higher speeds reduces the driver’s reaction time and increases the force of impact. In residential areas and school zones, speeding drivers pose an especially dangerous threat to pedestrians.
Common Causes and Scenarios in Pedestrian Collisions
Failure to yield at crosswalks represents one of the most frequent causes of pedestrian accidents. Drivers are legally required to stop for pedestrians in marked crosswalks, yet many roll through or fail to notice people waiting to cross. This negligence is inexcusable and forms the basis for strong legal claims.
Left-hand turns at intersections create particularly hazardous situations for pedestrians. Drivers focused on oncoming traffic often fail to check for pedestrians crossing in front of them. These accidents frequently occur when pedestrians have the right of way with a walk signal.
Backing accidents in parking lots and driveways are another common scenario. Drivers reversing out of parking spaces or driveways may not see pedestrians walking behind their vehicle. While backup cameras have become more common, many drivers still fail to check their surroundings adequately.
Drunk and drugged driving continues to cause preventable pedestrian accidents. Impaired drivers have reduced reaction times, poor judgment, and diminished ability to observe their surroundings. When an intoxicated driver strikes a pedestrian, the case often involves punitive damages in addition to compensatory damages.
Poor visibility conditions don’t excuse driver negligence but do contribute to accidents. Drivers must adjust their behavior for rain, fog, darkness, and other conditions that reduce visibility. Failing to slow down or use headlights properly in these conditions demonstrates negligence.
If you’ve been injured as a pedestrian, call (888) 844-9406 or email contactus@princelawassociates.com to discuss your case with an experienced personal injury attorney.
Understanding Liability and Your Right to Compensation
Pedestrian accident cases are built on the legal concept of negligence. To recover compensation, you must establish that the driver owed you a duty of care, breached that duty through careless or reckless behavior, and directly caused your injuries. Fortunately, traffic laws heavily favor pedestrian safety, making it easier to prove driver fault in many cases.
Drivers have a legal obligation to exercise reasonable care to avoid striking pedestrians. This duty exists regardless of whether the pedestrian is in a crosswalk, on a sidewalk, or even jaywalking. While jaywalking can affect comparative fault percentages, it doesn’t eliminate your right to compensation if the driver was also negligent.
Comparative negligence rules may reduce but not eliminate your recovery in many jurisdictions. Even if you were partially at fault—perhaps crossing against a signal or walking in a dark area without reflective clothing—you can still recover damages proportionate to the driver’s percentage of fault. An experienced attorney can argue that the driver bore primary responsibility for the accident.
The damages available in pedestrian accident cases can be substantial. Medical expenses form the foundation of most claims, covering emergency treatment, hospitalization, surgery, rehabilitation, and ongoing care. Given the severity of pedestrian injuries, these costs often reach hundreds of thousands of dollars.
Lost wages and diminished earning capacity are also recoverable. If your injuries prevent you from working temporarily or permanently, you deserve compensation for that economic loss. This includes not just current lost income but future earning potential if your injuries cause long-term disability.
Pain and suffering damages compensate you for physical pain, emotional distress, and reduced quality of life. These non-economic damages can exceed economic damages in cases involving permanent injuries, disfigurement, or traumatic amputations. Insurance companies often undervalue these damages, which is why legal representation is critical.
Critical Steps to Take After a Pedestrian Accident
Your actions immediately after a pedestrian accident can significantly impact your ability to recover compensation. While your health must come first, taking certain steps protects your legal rights and strengthens your claim.
Call 911 immediately, even if your injuries seem minor. Some serious injuries like internal bleeding, traumatic brain injuries, and spinal cord damage may not be immediately apparent. A medical professional should evaluate you at the scene, and the police report will document the accident.
Gather evidence if you’re physically able. Take photos of the accident scene, vehicle damage, your injuries, skid marks, traffic signals, and anything else relevant. Get contact information from the driver and any witnesses. This evidence can be invaluable later when memories fade and the insurance company disputes liability.
Do not admit fault or apologize at the scene. Even innocent statements can be twisted by insurance adjusters to minimize your claim. Stick to the facts when speaking with police and avoid speculating about what happened.
Seek comprehensive medical treatment immediately and follow all doctor’s orders. Document every medical appointment, diagnosis, treatment, and prescription. Gaps in treatment give insurance companies ammunition to argue your injuries weren’t serious.
Contact a personal injury attorney before speaking with insurance adjusters. Insurance companies are not on your side—they’re businesses trying to minimize payouts. Having an attorney handle communications protects you from saying something that could harm your claim.
Common Mistakes That Can Destroy Your Pedestrian Accident Claim
Many pedestrian accident victims unknowingly damage their cases by making preventable mistakes. Being aware of these pitfalls helps you avoid them.
Accepting a quick settlement offer is perhaps the most damaging mistake. Insurance companies often approach injured pedestrians within days of the accident with lowball offers. These early settlements rarely account for the full extent of injuries, especially when long-term complications haven’t yet manifested. Once you accept and sign a release, you cannot seek additional compensation later.
Delaying medical treatment or missing appointments suggests your injuries aren’t serious. Insurance adjusters scrutinize medical records looking for gaps to exploit. Even if you’re feeling better, complete your treatment plan and attend all follow-up appointments.
Posting on social media can torpedo your case. Insurance companies regularly monitor claimants’ social media accounts looking for contradictory evidence. A photo of you smiling at a family gathering doesn’t mean you’re not in pain, but adjusters will use it to argue you’re not really injured.
Giving recorded statements to insurance companies without legal representation is dangerous. Adjusters are trained to ask leading questions that can undermine your claim. They may seem friendly, but they’re trying to get you to say something they can use against you.
Missing filing deadlines is catastrophic. Every state has a statute of limitations for personal injury claims. If you miss this deadline, you lose your right to compensation forever, no matter how strong your case. An attorney ensures all deadlines are met.
Frequently Asked Questions About Pedestrian Accident Claims
What if the driver who hit me doesn’t have insurance?
Uninsured motorist coverage under your own auto insurance policy may provide compensation even if you were on foot when injured. Your attorney can explore all available coverage options including underinsured motorist policies and other potential sources of recovery.
Can I recover compensation if I was jaywalking?
Yes, in most cases. While jaywalking may reduce your percentage of fault, it doesn’t eliminate your right to compensation if the driver was also negligent. Drivers have a duty to watch for pedestrians regardless of where they’re crossing.
How long do I have to file a pedestrian accident claim?
Statutes of limitations vary by jurisdiction but typically range from one to three years from the date of the accident. However, certain circumstances can shorten or extend these deadlines. Consulting an attorney immediately ensures you don’t miss critical filing deadlines.
What if my injuries don’t appear until days after the accident?
This is common with pedestrian accidents. Adrenaline and shock can mask symptoms initially. Seek medical attention as soon as symptoms appear and inform doctors the symptoms are related to the accident. Your attorney can establish the causal connection between the accident and delayed-onset injuries.
Take Action to Protect Your Rights Today
Pedestrian accidents cause life-altering injuries that require significant financial resources to address. You shouldn’t have to bear this burden alone when someone else’s negligence caused your suffering. The legal system provides a path to hold negligent drivers accountable and recover the compensation you need to move forward with your life.
Prince & Associates, PLLC understands the physical, emotional, and financial toll pedestrian accidents take on victims and families. Our experienced personal injury attorneys have successfully represented countless pedestrian accident victims, securing millions of dollars in settlements and verdicts. We handle every aspect of your claim so you can focus on healing.
Don’t let insurance companies take advantage of you during this vulnerable time. You deserve an advocate who will fight tirelessly for maximum compensation. Our attorneys work on a contingency fee basis, meaning you pay nothing unless we win your case.
Call (888) 844-9406 or email contactus@princelawassociates.com to schedule your free consultation today. Time is critical in pedestrian accident cases—evidence disappears, witnesses forget details, and filing deadlines approach quickly. Contact us now to protect your rights and start building your strongest possible case.