Pedestrian accidents are among the most devastating types of traffic incidents. When a vehicle strikes a person on foot, the resulting injuries are almost always severe because the pedestrian has no physical barrier of protection. According to national traffic safety data, thousands of pedestrians are killed each year and tens of thousands more sustain serious injuries.
If you or a loved one was hit by a vehicle while walking, this guide explains your legal rights and the options available for pursuing compensation.
Key Takeaways
- Drivers owe pedestrians a heightened duty of care, especially in crosswalks, school zones, and residential areas.
- Pedestrian accident injuries tend to be severe, often involving head trauma, spinal injuries, and multiple fractures.
- Even if a pedestrian was partially at fault, they may still be entitled to compensation under comparative negligence laws.
- Compensation can cover medical bills, lost income, pain and suffering, and long-term rehabilitation costs.
- Acting quickly to preserve evidence and consult an attorney is essential for building a strong case.
- Distracted driving from texting, phone calls, or in-vehicle entertainment systems
- Failure to yield at crosswalks and intersections where pedestrians have the right of way
- Speeding which reduces a driver's ability to stop in time and dramatically increases the severity of injuries
- Impaired driving due to alcohol, drugs, or fatigue
- Turning vehicles that fail to check for pedestrians before executing left or right turns
- Backing up in parking lots and driveways where visibility is limited
- The driver had a duty to operate their vehicle safely and watch for pedestrians
- The driver breached that duty through careless or reckless behavior
- The breach directly caused the accident
- The pedestrian suffered actual injuries and damages
- Traumatic brain injuries from the initial impact or from striking the ground
- Spinal cord injuries that can result in partial or complete paralysis
- Multiple fractures to legs, pelvis, ribs, and arms
- Internal organ damage from blunt force trauma
- Severe lacerations and road rash
- Crush injuries in cases involving larger vehicles
- Psychological trauma including post-traumatic stress disorder, anxiety, and depression
- Medical expenses including emergency care, surgery, hospitalization, medications, physical therapy, and future medical needs
- Lost wages for income missed during recovery
- Loss of earning capacity if the injuries prevent returning to previous employment or limit future work ability
- Pain and suffering for the physical agony endured during and after the accident
- Emotional distress for psychological impacts such as anxiety, depression, and PTSD
- Loss of enjoyment of life if injuries prevent participation in hobbies, sports, or daily activities
- Disability and disfigurement compensation for permanent impairments or scarring
- Call 911 immediately for police and medical assistance.
- Stay at the scene if possible and wait for emergency responders.
- Get the driver's information, including name, insurance details, and license plate number.
- Ask witnesses for their contact information and brief accounts of what they saw.
- Document the scene with photographs if you are physically able, capturing vehicle positions, traffic signals, crosswalk markings, and lighting conditions.
- Get a thorough medical evaluation, even for injuries that seem manageable. Internal injuries and concussions are not always immediately apparent.
- Avoid speaking with insurance adjusters or accepting any early settlement offers before consulting an attorney.
- Contact a personal injury attorney with experience in pedestrian accident cases as soon as possible.
Common Causes of Pedestrian Accidents
Driver negligence is the leading cause of pedestrian accidents. The most common scenarios include:
Poor infrastructure design, including missing sidewalks, inadequate lighting, and confusing crosswalk signals, can also contribute to pedestrian accidents. In these cases, a government entity responsible for road design or maintenance may bear partial liability.
Liability in Pedestrian Accident Cases
Establishing liability in a pedestrian accident case requires proving that the driver or another responsible party was negligent. Key elements include:
Drivers generally owe an elevated duty of care to pedestrians. Courts recognize that pedestrians are inherently more vulnerable than other road users, and drivers are expected to exercise extra caution in areas where pedestrians are likely to be present.
When the Pedestrian Is Partially at Fault
Insurance companies frequently argue that pedestrians contributed to the accident by jaywalking, crossing against a signal, or walking while distracted. While pedestrians do have a responsibility to follow traffic laws, being partially at fault does not necessarily bar recovery.
In states with pure comparative negligence, a pedestrian who is 20 percent at fault can still recover 80 percent of their damages. In modified comparative negligence states, recovery is possible as long as the pedestrian's fault does not exceed the statutory threshold. Only a few states follow a contributory negligence rule where any fault by the pedestrian eliminates the right to recover entirely.
Severity of Pedestrian Accident Injuries
The injuries sustained in pedestrian accidents are often catastrophic due to the extreme mismatch between a human body and a motor vehicle. Common injuries include:
These injuries frequently require emergency surgery, extended hospitalization, and months or years of physical rehabilitation. Many victims face permanent disabilities that alter their lives forever.
Compensation in Pedestrian Accident Lawsuits
Injured pedestrians can pursue compensation for the full range of damages caused by the accident:
In cases involving drunk driving or extreme recklessness, punitive damages may also be available to punish the driver and deter similar behavior.
Steps to Protect Your Claim After a Pedestrian Accident
If you are able to take action after being struck by a vehicle, the following steps can help protect your legal rights:
How Pre-Settlement Funding Helps Pedestrian Accident Victims
Pedestrian accident cases frequently involve severe injuries that require extended medical treatment and long recovery periods. During this time, victims face enormous medical bills, cannot work, and may need assistance with daily living activities. The financial pressure can become overwhelming while waiting for a case to resolve.
Frontier Legal Funding offers pre-settlement funding to pedestrian accident victims to help bridge this financial gap. The funding is non-recourse, meaning you repay only if your case results in a successful settlement or verdict. Contact Frontier Legal Funding to learn how pre-settlement funding can provide the support you need while your legal case proceeds.