Navigating Insurance Claims: A Guide for Pedestrians Hit by Cars

Each year, thousands of pedestrians are injured by cars, leading to significant physical, emotional, and financial burdens. In 2020 alone, 6,516 pedestrians were killed on streets and highways in the U.S. (a 30 year high), and another 54,769 pedestrians were injured. If you’re a pedestrian who has been hit by a car, understanding how to navigate the insurance claim process is crucial to securing the compensation you deserve. This guide provides a comprehensive overview of the steps involved, your legal rights, and how to maximize your chances of a successful outcome.

Immediate Steps After a Pedestrian Accident

Following a pedestrian accident, your immediate actions can significantly impact your health and any potential insurance claim. Here’s what you should do:

Ensure Safety: Move to a safe location away from traffic if you are able.
Seek Medical Attention: Call 911 or ask someone to do so. Even if you feel fine, internal injuries or concussions may not be immediately apparent. A medical evaluation creates a record of your injuries and links them to the accident.
Report the Accident: Contact law enforcement to report the incident. Insist on an official police report, as it serves as a foundational element in proving fault and building your case.
Gather Information: If possible, collect the driver’s name, contact details, and insurance information. Also, get contact information from any witnesses.
Document the Scene: If able, take photos and videos of the accident scene, including vehicle positions, skid marks, traffic signals, road conditions, and your injuries.
Avoid Making Statements About Fault: Refrain from apologizing or discussing blame, even casually. Insurance companies may use such remarks against you later.
Notify Your Insurance Company: Inform your insurance company about the accident as soon as possible. Many policies have specific time limits for reporting accidents.
Consult with an Attorney: Contacting a personal injury attorney ensures your claim is filed correctly, evidence is preserved, and timelines are met.

Determining Liability and Negligence

In most pedestrian accidents, the driver of the car is considered at fault, even if the pedestrian was not in a crosswalk. However, liability must be established to receive compensation. To prove negligence in a pedestrian accident case, you must demonstrate the following four elements:

Duty of Care: The driver had a legal responsibility to drive safely and obey traffic laws.
Breach of Duty: The driver failed to act with reasonable care (e.g., speeding, distracted driving, failing to yield).
Causation: The driver’s negligence directly caused your injuries.
Damages: You suffered actual harm, such as medical expenses, lost wages, and pain and suffering.

Common types of driver negligence in pedestrian accidents include:

Speeding
Distracted driving (texting, eating, etc.)
Failing to yield at crosswalks
Running red lights or stop signs
Impaired driving (alcohol or drugs)
Illegal turns

Filing an Insurance Claim

The quickest way to get compensation for your accident-related losses is often through an insurance claim. Here’s how to navigate the process:

Identify the At-Fault Party’s Insurance: File a claim with the at-fault driver’s insurance company. If the driver was on the job, you may also file a claim with their employer’s insurance.
Notify the Insurance Company: Inform the insurance company about the accident and your injuries. Provide basic details, such as the date, time, and location of the accident.
Submit a Formal Demand Letter: If you suffered serious injuries, send a formal demand letter to the insurance company. This letter explains the accident, your injuries, and the compensation you need. Include a clear summary of the accident, a description of your injuries, proof of expenses, an explanation of pain and suffering, and the amount you are requesting.
Work with an Insurance Adjuster: After you file a claim, the insurance company will assign an adjuster to handle your case. The adjuster’s job is to investigate the accident and determine how much the company should pay.
Negotiate a Fair Settlement: The initial settlement offer is often lower than what you deserve. Negotiate with the insurance company to reach a fair settlement that covers all your damages.

Types of Compensation Available

If you’re injured as a pedestrian, you may be entitled to recover damages such as:

Medical expenses (past and future)
Lost wages or earning capacity
Pain and suffering
Permanent disability or disfigurement
Emotional distress
Property damage (e.g., damaged phone or glasses)

Comparative Negligence

Many states, including New York and California, follow a comparative negligence rule. Under this doctrine, a pedestrian can recover damages even if they were partially at fault. However, their compensation is reduced by the percentage of fault attributed to them. For example, if your total damages are $200,000 and you’re found 20% at fault, you would still recover $160,000.

Some states, like Alabama and Maryland, follow a stricter contributory negligence rule. In these states, if the pedestrian is found to be even 1% at fault for the accident, they may be barred from recovering any damages.

Common Defenses Used by Insurance Companies

Insurance companies may use various tactics to undermine pedestrian accident claims, including:

Denying Fault: Arguing that the pedestrian was at fault or that the driver was not negligent.
Arguing That You Were Not Seriously Injured: Claiming that your injuries are not severe or that they are not related to the accident.
Digging Through Your Medical Records to Discredit Your Injuries: Looking for pre-existing conditions or prior injuries to argue that your current condition is not related to the crash.
Offering a Quick, Lowball Settlement: Offering a settlement that is far less than what your claim is actually worth.
Delaying the Process: Dragging out the investigation or avoiding communication to frustrate you into accepting less.

The Role of Expert Witnesses

In some pedestrian accident cases, expert witnesses are needed to provide specialized knowledge and analysis. Expert witnesses can help prove liability, the severity of injuries, and the long-term effects on the victim’s life. Types of expert witnesses used in pedestrian accident cases include:

Accident Reconstruction Specialists: Analyze the physical evidence to determine how the crash occurred.
Medical Experts: Explain the nature and cause of the injury, the type of treatment needed, and the long-term impact of the injuries.
Economic Experts: Calculate lost wages and future medical expenses.
Traffic Engineers: Provide detailed analysis of traffic patterns.

Statute of Limitations

Each state has a statute of limitations, which sets the maximum time period during which legal proceedings can be initiated after an accident. In many states, the statute of limitations for personal injury claims related to pedestrian accidents is two to three years from the date of the accident. However, there are exceptions to this rule, such as cases involving minors or government entities.

Conclusion

Navigating insurance claims after a pedestrian accident can be complex and challenging. By understanding your rights, taking the necessary steps to protect your health and legal interests, and seeking guidance from an experienced attorney, you can increase your chances of a successful outcome and secure the compensation you deserve.