Know Your Legal Rights After a Pedestrian Accident

Each year, thousands of pedestrians are injured or killed in traffic accidents, highlighting the vulnerability of those on foot. If you’ve been involved in such an accident, understanding your legal rights is crucial to protecting your future and securing the compensation you deserve. This guide provides a comprehensive overview of your rights and the steps you can take to navigate the aftermath of a pedestrian accident.

What to Do Immediately After a Pedestrian Accident

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

Prioritize Safety and Seek Medical Attention: Move to a safe location away from traffic. Even if you don’t feel seriously injured, seek medical attention immediately. Some injuries, like internal bleeding or concussions, may not be immediately apparent. Medical records are also crucial for documenting your injuries and connecting them to the accident.
Call 911 and File a Police Report: Report the accident to the police. A police report is an official record of the incident, including witness statements, driver information, and any citations issued. This report can be valuable evidence for your claim. Massachusetts law, for example, requires a police report for accidents involving injuries, fatalities, or property damage exceeding \$1,000.
Gather Information at the Scene (If Possible): If you are able, collect as much information as possible from the scene:
- Take photos of your injuries, the accident scene, vehicle damage, traffic signs, and road conditions.
- Get contact information from any witnesses.
- Obtain the driver’s license and insurance details.
Avoid Discussing Fault or Making Statements: Do not admit fault or speculate about what happened at the scene or during conversations with insurers. Stick to the facts and let your attorney speak on your behalf. Anything you say can be used against you to devalue or dismiss your claim.

Understanding Liability in a Pedestrian Accident

Liability in a pedestrian accident determines who is responsible for the resulting damages. Generally, drivers owe a duty of care to pedestrians, meaning they must operate their vehicles safely and obey traffic laws. A driver can be held liable if they breach this duty through actions such as:

Distracted driving (texting, talking on the phone, etc.)
Speeding or reckless driving
Failure to yield at crosswalks
Driving under the influence of alcohol or drugs
Running red lights or making illegal turns

However, pedestrians also have a responsibility to exercise reasonable care for their safety. Pedestrian negligence can occur when a pedestrian fails to follow traffic signals, crosses outside of a crosswalk (jaywalking), or walks along highways where pedestrian access is prohibited.

Many states follow comparative negligence rules, meaning a pedestrian can still recover damages even if they were partially at fault, although their compensation may be reduced in proportion to their share of the fault. For example, in Massachusetts, you can recover damages as long as you are less than 51% at fault for the accident.

Common Causes of Pedestrian Accidents

Understanding the common causes of pedestrian accidents can help both drivers and pedestrians take precautions to prevent them. Some of the most frequent causes include:

Distracted Driving: Drivers who are texting, talking on the phone, or otherwise distracted are less likely to notice pedestrians.
Speeding: Speeding reduces a driver’s reaction time and makes it harder to stop in time to avoid hitting a pedestrian.
Poor Visibility: Accidents often occur when drivers have limited visibility due to weather conditions, darkness, or obstructions.
Failure to Yield: Drivers failing to yield the right of way to pedestrians at crosswalks is a common cause of accidents.
Jaywalking: Pedestrians crossing outside of designated crosswalks or ignoring traffic signals can create dangerous situations.
Impaired Driving: Drivers under the influence of alcohol or drugs are less likely to see pedestrians or react appropriately.
Lack of Awareness: Accidents can happen simply because neither the driver nor the pedestrian is paying enough attention to their surroundings.

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 includes past and future costs for hospital visits, surgeries, prescription medications, rehabilitation therapies, and medical equipment.
Lost Wages: You can recover lost income for the time you missed work due to your injuries, as well as compensation for any reduction in your future earning capacity.
Pain and Suffering: This covers the physical pain, emotional distress, and reduced quality of life caused by the accident.
Property Damage: You can receive compensation for any property damaged in the accident, such as clothing, electronics, or personal items.
Other Damages: Depending on the circumstances, you may also be entitled to compensation for things like emotional distress, permanent disability or disfigurement, and loss of consortium (loss of companionship).
Punitive Damages: In cases where the driver’s actions were especially reckless or egregious (e.g., driving under the influence), you may be awarded punitive damages, which are intended to punish the driver and deter similar conduct in the future.
Wrongful Death Damages: If a pedestrian accident results in a fatality, surviving family members may be able to file a wrongful death claim to recover damages such as funeral expenses, lost financial support, and emotional suffering.

Filing a Pedestrian Accident Claim

Filing a pedestrian accident claim typically involves the following steps:

Notify the Insurance Company: Contact the at-fault driver’s insurance company to report the accident. Provide basic details, such as the date, time, and location, but avoid admitting fault or speculating about what happened.
Gather Evidence: Collect all relevant documentation, including the police report, medical records, witness statements, photos of the accident scene, and proof of your damages (e.g., medical bills, pay stubs).
Submit a Demand Letter: If you suffered serious injuries, you may need to send a formal demand letter to the insurance company. This letter explains the accident, your injuries, and the compensation you are seeking.
Negotiate a Settlement: The insurance company will investigate the accident and may make a settlement offer. You can negotiate with the adjuster to reach a fair settlement that covers your damages.
File a Lawsuit (If Necessary): If you cannot reach a settlement agreement with the insurance company, you may need to file a personal injury lawsuit to protect your rights. There are time limits for filing lawsuits, known as statutes of limitations, so it’s important to act promptly.

The Statute of Limitations

Each state has a statute of limitations, which sets a deadline for filing a lawsuit. In many states, the statute of limitations for personal injury claims, including pedestrian accident claims, is typically two years from the date of the accident. However, there may be exceptions to this rule, such as when the victim is a minor or when a government entity is involved. Missing the deadline can result in the forfeiture of your right to compensation, making it essential to seek legal guidance as soon as possible.

The Importance of Legal Representation

Navigating the legal process after a pedestrian accident can be complex and overwhelming. An experienced personal injury attorney can help you understand your rights, gather evidence, negotiate with insurance companies, and represent you in court if necessary. A lawyer can:

Investigate the accident and gather evidence to build a strong case.
Handle all communications with insurance companies.
Ensure that all filing deadlines are met.
Negotiate a fair settlement that fully compensates you for your damages.
Represent you in court if a settlement cannot be reached.

Don’t Delay Seeking Legal Advice

If you’ve been injured in a pedestrian accident, it’s crucial to seek legal advice as soon as possible. An attorney can evaluate your case, explain your options, and help you protect your rights. Remember, time is of the essence in pedestrian accident cases, so don’t delay seeking the legal representation you need.