If you have suffered an injury in a pedestrian accident, you may have the legal right to financial compensation as a settlement check or a jury award. However, it is by no means automatic that the driver in the crash owes you money solely because the accident happened. You only have the right to financial compensation when you can establish that the driver was at fault for the accident. Usually, this means that you must prove that their negligence was the cause of your injuries.
You have the burden of proof in a pedestrian accident case. Thus, you should hire a pedestrian accident attorney to explain your legal rights as soon as possible. They will investigate the accident and gather the evidence you need to win. Your attorney will also deal with the insurance company on your behalf and can push back when it tries to blame you for the accident.
You stand little to no chance of getting the compensation you deserve if you do not hire a pedestrian accident attorney to represent you. Insurance companies will have an unfettered ability to prevail over you in the legal process, whether it means that they refuse to pay you altogether or make you a settlement offer that is only for a fraction of what you deserve.
The Severity of Pedestrian Accidents
Pedestrian accidents are among the most devastating types of traffic collisions. Unlike drivers or passengers in vehicles, pedestrians have no protection against the force of a crash. As a result, even low-speed impacts can cause catastrophic injuries or death. According to the National Highway Traffic Safety Administration (NHTSA), thousands of pedestrians are killed each year in the U.S., and tens of thousands more suffer serious, life-altering injuries.
The severity of pedestrian accidents often depends on factors such as vehicle speed, the vehicle's size, and the impact's location. Common injuries include traumatic brain injuries, spinal cord damage, broken bones, internal bleeding, and severe lacerations. These injuries frequently require extensive medical treatment and long-term rehabilitation, possibly resulting in permanent disabilities.
Beyond physical harm, pedestrian accident victims often experience emotional trauma and financial strain. They may be unable to return to work, face significant medical expenses, and need ongoing care or assistance with daily activities.
Children and elderly individuals are especially vulnerable in pedestrian accidents due to their reduced ability to react quickly or withstand impact forces. Accidents are more likely to occur in urban areas, near intersections, or where drivers fail to yield the right of way.
When Is a Driver Liable for a Pedestrian Accident?
A driver is typically liable for a pedestrian accident when their negligence directly causes injury to someone walking or crossing the street. Liability hinges on whether the driver failed to exercise reasonable care, something all motorists are legally obligated to do. Everyday driver actions that result in liability include speeding, distracted driving (such as texting or using a phone), failing to yield the right of way, running red lights or stop signs, driving under the influence of alcohol or drugs, and ignoring school zones or crosswalk signals.
Drivers must be especially cautious in areas where pedestrians are expected, such as intersections, school zones, residential neighborhoods, and urban streets. For example, if a pedestrian is lawfully crossing the street in a marked crosswalk and a driver fails to stop, the driver is likely at fault. Even if the pedestrian is not in a crosswalk, the driver may still be liable if they were speeding or not paying attention.
In some states, drivers have a duty to avoid hitting pedestrians even if they are crossing improperly. However, the pedestrian's actions may affect the amount of compensation they receive.
Liability may also arise in situations involving turning vehicles. Drivers making left or right turns must yield to pedestrians in the crosswalk. If a driver hits a pedestrian while turning and fails to yield, that strongly indicates driver fault.
Ultimately, liability depends on whether the driver acted in a way that a reasonably prudent driver would not. Evidence such as traffic camera footage, eyewitness accounts, and police reports can be critical to prove fault. Consulting with a personal injury attorney can help pedestrians understand their rights and hold negligent drivers accountable.
What If I Was Partially at Fault for the Pedestrian Accident?
Insurance companies may try to blame you for the pedestrian accident. They know that finding a way to make allegations against you stick is a way to either reduce the amount of money they need to pay you or even avoid paying you anything. Thus, they have every incentive to try to shift some or all of the blame your way. Given the potential consequences, you must fight back when the insurance company blames you for the accident. Failure to do so may place your legal right to compensation at risk. As unfair as it may seem, you may need to fight to clear your name when facing blame for the accident.
There is still a possibility that you may receive compensation for your pedestrian accident injuries, even if you were partially responsible for what happened. The exact law depends on the state in which the pedestrian accident occurred. Some states may bar you from receiving compensation altogether, even if you were only one percent to blame for the pedestrian accident. Other states may allow you to recover your damages so long as you are not 100 percent to blame for the accident. Your compensation depends on the percentage of blame that you bear.
Regardless, a pedestrian accident lawyer can collect evidence proving what you may have done before the accident. If the insurance company continues blaming you for the accident, you may need to take your case to a jury to determine who was at fault.
You Can Resolve Your Pedestrian Accident Claim Informally Without Having to Sue
People can resolve pedestrian accident claims without filing a lawsuit. In fact, most personal injury cases reach a settlement informally through direct negotiations with the at-fault party’s insurance company. This approach can save time, reduce legal expenses, and avoid the stress of a courtroom battle.
After a pedestrian accident, the first step is to file a claim with the driver’s auto insurance provider. The insurer will investigate the incident, which may involve reviewing medical records, police reports, witness statements, and any available video footage. You or your attorney will then negotiate a settlement based on the extent of your injuries, medical bills, lost earnings, pain and suffering, and other damages.
If liability is clear and you have carefully documented your injuries, an insurance company may offer a fair settlement without much resistance. Even in more complex cases, strong evidence and persuasive advocacy can lead to a favorable resolution without formal litigation.
Hiring a personal injury attorney is especially helpful during this process. An experienced lawyer can evaluate the actual value of your claim, handle communication with the insurer, and push back against lowball offers. They can give you leverage that leads to better results, even without filing a lawsuit.
However, litigation may become necessary if the insurer denies your claim or refuses to offer fair compensation. However, it is essential to know that pursuing legal action is typically a last resort, not the first step.
In short, if you have suffered an injury in a pedestrian accident, you do not always have to sue to receive compensation. Informal resolution through negotiation is often faster and less adversarial, and with skilled legal help, you can still achieve a fair and full recovery without setting foot in court.
You Can Sue for a Pedestrian Accident When You Cannot Reach a Settlement
If you have suffered an injury in a pedestrian accident and negotiations with the at-fault party’s insurance company break down, filing a lawsuit may be the next step. While most personal injury claims can reach a settlement, it might be necessary to file a lawsuit if liability is in dispute or the insurance company refuses to offer fair compensation.
You may decide to sue when the insurer denies fault, undervalues your claim, or delays negotiations. For example, if you suffered serious injuries requiring long-term care and the insurance company offers a settlement that does not even cover your medical bills, litigation might be necessary to pursue the compensation you deserve.
By filing a personal injury lawsuit, you bring your case before the court, where a judge or jury will evaluate the evidence and determine whether the driver was negligent and how much compensation you should receive. This formal process includes discovery (where both sides exchange information), depositions, and potentially expert testimony. Though it takes more time than an informal settlement, it can be the only way to recover full damages in a contested case.
It is essential to act quickly because each state has a statute of limitations, which is a legal deadline for filing a personal injury lawsuit. You may lose your right to sue altogether if you miss this deadline. A pedestrian accident attorney will advise you on the timeframe that you have to sue in the state where the accident occurred.
Having an experienced personal injury attorney is vital during this phase. Your lawyer will handle court filings, present evidence, and advocate on your behalf throughout the litigation process.
While suing may feel overwhelming, it is often the most effective way to hold negligent drivers accountable and recover the compensation you need to cover your injuries, lost earnings, and pain and suffering when settlement talks fail. If the insurance company will not pay you the full amount you deserve, or they persist in making you lowball settlement offers, you may have no choice but to file a pedestrian accident lawsuit.
Why You Need a Pedestrian Accident Attorney for Your Case
Hiring an experienced attorney can make a significant difference in the outcome of your case. Pedestrian accident claims often involve complex legal issues, including determining fault, dealing with insurance companies, and calculating the full extent of your damages. Without legal guidance, you risk settling for less than you deserve or having the insurance company deny your claim altogether.
When hiring a pedestrian accident lawyer, you may be concerned about the potential costs. However, it is essential to know that most attorneys work on a contingency fee basis, which means that you do not have to pay anything out of pocket. This fee structure allows you to seek legal representation without worrying about upfront costs. Your lawyer will only receive payment if they successfully help you recover compensation for your injuries and damages.
A pedestrian accident attorney understands the laws that protect your rights and can help build a strong case by gathering evidence such as surveillance footage, police reports, witness statements, and expert opinions. They know how to prove driver negligence, even in cases where the at-fault party tries to shift blame to you.
Insurance companies focus on protecting their bottom line, not fairly compensating accident victims. They may offer quick, low settlements in hopes that you will accept them before realizing the full scope of your injuries. An attorney levels the playing field by handling all communication and negotiations, ensuring that any settlement offer truly reflects your medical costs, lost income, pain and suffering, and future care needs.
If your attorney and the insurance company cannot resolve the case through negotiation, your pedestrian accident lawyer will take the matter to court and fight for your rights. You always have the legal right to your day in court at any point during the legal process, even if you have already filed an insurance claim for your pedestrian accident injuries.
Call a Trusted Pedestrian Accident Attorney Today
A pedestrian accident attorney acts as your advocate at every stage of the process. They provide legal knowledge, negotiation skills, and support when you need it most. They will work tirelessly to ensure you receive the justice and financial recovery you deserve. With an attorney on your side, you can focus on healing while they work to secure the compensation and justice you deserve. Don’t delay, call us at (727) 335-7123 today.