Pedestrian Accident Compensation: What You’re Entitled To

Every year, thousands of pedestrians are injured or killed in traffic accidents. In 2022 alone, nearly 7,500 pedestrians died in traffic crashes in the United States, according to the National Highway Traffic Safety Administration (NHTSA). When a pedestrian is struck by a vehicle, the consequences can be devastating, leading to severe injuries, financial burdens, and emotional distress. If you or a loved one has been involved in a pedestrian accident, it’s crucial to understand your legal rights and what compensation you may be entitled to.

This blog post will delve into the various aspects of pedestrian accident compensation, providing you with a comprehensive overview of what you need to know to protect your rights and seek the justice you deserve.

Establishing Liability in a Pedestrian Accident

The first step in pursuing compensation after a pedestrian accident is establishing liability. In most cases, this means proving that the driver of the vehicle was negligent and that their negligence caused the accident and your injuries. To build a strong case, you must prove that the defendant was liable for your injuries. This involves showing that the driver or party who caused the accident breached their duty of care to you.

Elements of Negligence

To prove negligence, you typically need to demonstrate the following four elements:

Duty of Care: The driver had a legal obligation to operate their vehicle with reasonable care to avoid harming others on the road, including pedestrians.
Breach of Duty: The driver failed to meet that duty of care. This could involve a wide range of actions, from speeding and distracted driving to failing to yield the right-of-way at a crosswalk. Violating traffic laws is a clear sign that a motorist breached their duty of care.
Causation: The driver’s breach of duty was a direct cause of the pedestrian’s injuries.
Damages: The pedestrian suffered actual harm, such as medical expenses, lost wages, and pain and suffering, as a result of the accident.

Common Causes of Pedestrian Accidents

Several factors can contribute to pedestrian accidents, including:

Distracted Driving: Drivers who are texting, talking on the phone, or otherwise distracted may fail to notice pedestrians in their path.
Speeding: Excessive speed reduces a driver’s ability to stop in time to avoid hitting a pedestrian, especially in crosswalks or school zones.
Failure to Yield: Drivers who fail to yield the right-of-way to pedestrians at crosswalks or intersections are a common cause of accidents.
Driving Under the Influence: Alcohol and drug impairment significantly impairs a driver’s judgment and reaction time, increasing the risk of pedestrian accidents.
Poor Visibility: Nighttime conditions, heavy rain, or fog can make it difficult for drivers to see pedestrians.

Types of Compensation You May Be Entitled To

If you’ve been injured in a pedestrian accident due to someone else’s negligence, you may be entitled to various types of compensation, including:

Medical Expenses: This covers the cost of all medical treatment you’ve received or will need in the future due to the accident, including:
- Emergency room visits
- Hospital stays
- Surgeries
- Physical therapy
- Medications
- Medical equipment
- Rehabilitation
- Lost Wages: You can recover lost income if your injuries prevent you from working. This includes:
- Lost wages for missed days, weeks, or months
- Loss of future earnings if your ability to work is permanently affected
- Employee benefits such as vacation and sick days and bonuses
- Pain and Suffering: You are also entitled to compensation for the physical pain and emotional distress caused by the accident, including:
- Physical pain
- Emotional distress
- Anxiety
- Depression
- Post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life
- Property Damage: The impact of a motor vehicle can break pedestrians’ phones, tear their clothing, and cause other types of property damage.
- Other Damages: In some cases, you may also be able to recover compensation for other losses, such as:
- Diminished Earning Capacity: If a serious accident affects a person’s future earning capacity and they can no longer perform the job they held before the accident, they may receive compensation for their lost or diminished earning capacity.
- Home or Vehicle Modification: Compensation for costs of caregivers, home or vehicle modification.

In the tragic event that a loved one dies in a pedestrian accident, surviving family members may be able to file a wrongful death claim. This can include:

Funeral and burial expenses
Loss of financial support
Emotional pain and suffering

Factors Affecting the Amount of Compensation

The amount of compensation you can recover in a pedestrian accident case depends on several factors, including:

Severity of Injuries: The more severe your injuries, the higher the potential value of your claim. Catastrophic injuries or lifelong impairments tend to result in higher settlements or awards due to increased medical needs and long-term care requirements.
Medical Expenses: Past and future medical treatment play a significant role in determining compensation.
Lost Wages: Many pedestrian accident victims are unable to return to work for weeks or months—or ever.
Insurance Coverage: Even when injuries and damages are severe, the available settlement amounts may be limited by the at-fault driver’s insurance policy.
Fault and Liability: While every driver is taught the maxim, “pedestrians have the right of way,” that rule is not absolute.

Comparative Negligence

In many states, including those that follow comparative negligence laws, your compensation may be reduced if you are found to be partially at fault for the accident. For example, if you were jaywalking or crossing against a traffic signal, you might be assigned a percentage of fault. The amount of compensation you receive would then be reduced by that percentage.

The Role of a Pedestrian Accident Lawyer

Navigating the legal process after a pedestrian accident can be complex and overwhelming. An experienced pedestrian accident lawyer can help you:

Investigate the Accident: Gather evidence, interview witnesses, and reconstruct the accident scene to determine liability.
Evaluate Your Claim: Assess the full extent of your damages, including medical expenses, lost wages, and pain and suffering, to determine the value of your claim.
Negotiate with Insurance Companies: Handle all communications with the insurance company and negotiate a fair settlement on your behalf.
File a Lawsuit: If a fair settlement cannot be reached, file a lawsuit and represent you in court to pursue the compensation you deserve.

Steps to Take After a Pedestrian Accident

If you’ve been involved in a pedestrian accident, here are some important steps to take to protect your rights:

Seek Immediate Medical Attention: Your health is the top priority. Call 911 and get medical help, even if injuries seem minor. Some injuries may not be immediately apparent.
Report the Accident: Report the incident to law enforcement.
Gather Evidence: If possible, take photos of your injuries, the vehicle, and the accident scene. Collect contact information for the driver and any witnesses.
Avoid Discussing Fault: Do not admit fault or make statements that could be used against you later.
Notify Your Insurance Company: Notify your insurance company of the accident, but avoid giving detailed statements without legal advice.
Consult a Personal Injury Lawyer: Contact an experienced pedestrian accident lawyer as soon as possible to discuss your rights and options.

Conclusion

Being involved in a pedestrian accident can have life-altering consequences. Understanding your legal rights and the types of compensation you may be entitled to is crucial for protecting your future. By taking the necessary steps to establish liability, document your damages, and seek legal representation, you can increase your chances of recovering the compensation you deserve and moving forward with your life.