Hit by a Car? A Guide to Pedestrian Accident Injury Compensation Claims

Each year, thousands of pedestrians are injured or killed in traffic accidents. In 2022, over 7,500 pedestrians died in the U.S., highlighting the serious risks pedestrians face daily. If you or a loved one has been hit by a car, understanding your rights and the steps involved in pursuing a pedestrian accident injury compensation claim is crucial. This guide provides a comprehensive overview of pedestrian accident claims, offering insights into legal processes, compensation, and how to protect your rights.

What to Do Immediately After Being Hit by a Car

The moments following a pedestrian accident are critical. Your actions can significantly impact your health and any potential legal claims. Here’s what you should do:

Ensure Safety: Move to a safe location away from traffic to prevent further injury.
Call 911: Report the accident to the authorities. Request medical assistance, even if injuries seem minor, as some injuries may not be immediately apparent.
Gather Information: Collect the driver’s name, contact details, driver’s license number, insurance information, and vehicle registration details. Also, get contact information from any witnesses.
Document the Scene: If possible, take photos of the accident scene, including vehicle damage, your injuries, traffic signals, and crosswalks.
Seek Medical Attention: Get a thorough medical checkup, even if you feel fine. Some injuries, like internal bleeding or concussions, may not be immediately obvious.
Report to Insurance: Notify your insurance company about the accident.
Contact an Attorney: Consult with a pedestrian accident lawyer as soon as possible to understand your rights and options.

Common Injuries in Pedestrian Accidents

Pedestrian accidents often result in severe injuries due to the lack of protection. Common injuries include:

Traumatic Brain Injuries (TBI): TBIs can result from any blow to the head and can cause a range of symptoms, from dizziness and confusion to permanent cognitive impairments.
Spinal Cord Injuries: Damage to the spinal cord can lead to tingling, numbness, loss of bladder or bowel control, and difficulty breathing. In severe cases, it can cause partial or complete paralysis.
Broken Bones and Fractures: Fractures are common in pedestrian accidents, particularly in the legs, arms, ribs, and pelvis.
Internal Injuries: Internal bleeding, organ damage, or punctures can occur due to the force of impact. These injuries may not be immediately apparent but can be life-threatening.
Soft Tissue Injuries: Sprains, strains, and contusions can cause significant pain and limited mobility, requiring extensive rehabilitation.
Cuts, Lacerations, and Abrasions: These injuries can range from minor scrapes to deep cuts requiring medical attention.

Establishing Liability in a Pedestrian Accident Claim

Establishing liability is crucial for a successful pedestrian accident claim. Negligence, which is the failure to exercise reasonable care, is a key factor. To prove negligence, you must demonstrate that:

Duty of Care: The driver had a duty of care to pedestrians.
Breach of Duty: The driver breached that duty through negligent actions, such as speeding, distracted driving, or violating traffic laws.
Causation: The driver’s negligence directly caused the accident and your injuries.
Damages: You suffered damages as a result of the injuries, such as medical expenses, lost wages, and pain and suffering.

Driver Negligence

Driver negligence is a common cause of pedestrian accidents. Examples of driver negligence include:

Distracted driving (texting, eating, or using a phone).
Driving under the influence of alcohol or drugs.
Speeding or reckless driving.
Failing to obey traffic signals or signs.
Failing to yield the right of way to pedestrians.

Pedestrian Negligence

While drivers have a responsibility to exercise care, pedestrians also have a duty to act reasonably. Pedestrians can be at fault for an accident if they:

Jaywalk or cross the street illegally.
Fail to obey traffic signals.
Are under the influence of alcohol or drugs.
Enter the roadway unexpectedly.

Comparative Negligence

Many states follow comparative negligence laws, which mean that fault can be divided between the driver and the pedestrian. If you are partially at fault for the accident, your compensation may be reduced by your percentage of fault. In some states, if you are found to be more than 50% at fault, you may not be able to recover any damages.

Compensation for Pedestrian Accident Injuries

If you’ve been injured as a pedestrian, you may be entitled to compensation for various damages, including:

Medical Expenses: This includes past and future costs for hospital visits, surgeries, prescription medications, rehabilitation, and medical equipment.
Lost Wages: You can recover lost income if you’ve been unable to work due to your injuries. This includes both past and future lost earnings.
Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident and injuries.
Property Damage: If any of your personal property was damaged in the accident, such as a phone or watch, you can claim compensation for the cost to repair or replace it.
Other Expenses: You may also be able to recover compensation for other out-of-pocket expenses related to the accident, such as transportation costs, home modifications, and assistance with daily tasks.
Punitive Damages: In some cases, if the driver’s conduct was particularly egregious (e.g., drunk driving), you may be awarded punitive damages, which are intended to punish the driver and deter similar behavior in the future.

The average settlement for a pedestrian hit by a car can range from $10,000 to $75,000 for minor injuries, but can easily exceed $100,000 or even $1 million for more serious injuries.

Statute of Limitations

It’s crucial to be aware of the statute of limitations, which sets a deadline for filing a lawsuit. The statute of limitations for pedestrian accident cases varies by state and typically ranges from one to several years from the date of the accident. Failing to file a lawsuit within the designated time frame can result in the court dismissing your case.

How a Pedestrian Accident Attorney Can Help

Navigating a pedestrian accident claim can be complex. A pedestrian accident attorney can provide valuable assistance by:

Evaluating Your Case: An attorney can assess the circumstances of your accident and provide an honest evaluation of your claim’s strengths and weaknesses.
Investigating the Accident: Attorneys can conduct a thorough investigation to gather evidence, including police reports, witness statements, and surveillance footage.
Negotiating with Insurance Companies: Insurance companies often try to minimize payouts. An attorney can negotiate on your behalf to ensure you receive a fair settlement.
Filing a Lawsuit: If a fair settlement cannot be reached, an attorney can file a lawsuit and represent you in court.
Protecting Your Rights: An attorney can ensure your rights are protected throughout the legal process and provide guidance and support.

Finding the Right Pedestrian Accident Lawyer

Choosing the right attorney is crucial. Look for a lawyer who:

Has experience handling pedestrian accident cases.
Has a proven track record of success.
Is someone you can communicate with effectively.
Is knowledgeable about personal injury law.

Preventing Pedestrian Accidents

While understanding your rights after an accident is important, preventing accidents is even more critical. Here are some tips for pedestrians and drivers:

For Pedestrians:

Use crosswalks and designated pedestrian areas.
Obey traffic signals and signs.
Be aware of your surroundings and avoid distractions.
Wear bright or reflective clothing, especially at night.
Make eye contact with drivers before crossing the street.
Avoid walking under the influence of alcohol or drugs.

For Drivers:

Be vigilant and watch for pedestrians, especially in areas with high foot traffic.
Obey speed limits and traffic laws.
Avoid distracted driving.
Yield the right of way to pedestrians.
Be cautious in inclement weather.
Never drive under the influence of alcohol or drugs.

Conclusion

Being hit by a car as a pedestrian can have devastating consequences. Understanding your rights, taking the right steps after an accident, and seeking legal assistance can help you navigate the claims process and recover the compensation you deserve. By working with an experienced pedestrian accident attorney, you can protect your rights and focus on healing and recovery.