Pedestrian accidents cause devastating injuries because walkers have no protection against vehicles. When negligent drivers strike pedestrians, victims may pursue lawsuits for medical expenses, lost wages, pain and suffering, and other damages. Understanding the legal process helps injured pedestrians obtain fair compensation.
When Pedestrians Can Sue
Pedestrians can file lawsuits when driver negligence causes their injuries. Negligence includes failing to yield at crosswalks, distracted driving, speeding, running red lights, and driving under the influence.
Unlike car accidents, pedestrians rarely share significant fault. Drivers have a duty to watch for pedestrians and yield the right of way in most circumstances.
Even when pedestrians weren't in crosswalks, drivers may still be liable for failing to exercise reasonable care to avoid hitting people in the roadway.
Parties Who May Be Liable
Drivers bear primary liability for negligent operation causing pedestrian injuries. Their auto insurance provides the first source of compensation.
Vehicle owners may be liable if they negligently entrusted vehicles to incompetent drivers or if employer liability applies.
Employers face liability when drivers were working at the time of accidents. Delivery drivers, truckers, and rideshare drivers create employer exposure.
Government entities may be liable for dangerous road designs, missing crosswalks, inadequate lighting, or malfunctioning signals.
The Lawsuit Process
Most pedestrian claims begin with insurance negotiations. The at-fault driver's liability insurance should cover your damages up to policy limits.
If insurance doesn't provide fair compensation, filing a lawsuit preserves your rights and allows full discovery of evidence.
Discovery obtains evidence including accident reports, witness statements, surveillance footage, and driver records.
Most cases settle before trial once evidence clearly establishes liability and damages. Trials occur when parties can't agree on fair value.
Proving Driver Negligence
You must prove the driver owed you a duty of care, breached that duty, and caused your injuries. Drivers owe pedestrians a duty to operate vehicles safely.
Traffic violations by drivers - speeding, running lights, failure to yield - strongly support negligence claims.
Witness testimony, surveillance footage, and accident reconstruction help establish how the accident occurred and who was at fault.
Damages in Pedestrian Cases
Medical expenses often dominate pedestrian claims. Without vehicle protection, pedestrians suffer severe injuries requiring extensive treatment.
Lost wages for time away from work during recovery, plus lost earning capacity if injuries cause permanent disability.
Pain and suffering compensates for physical pain, emotional trauma, and diminished quality of life from injuries.
Permanent impairment damages address lasting disability, disfigurement, and functional limitations.
Comparative Fault Considerations
Defendants may argue pedestrians contributed to accidents by jaywalking, distraction, or dark clothing. However, drivers still must exercise care.
In comparative fault states, your recovery is reduced by your percentage of fault but not eliminated unless you bear majority responsibility.
Even pedestrians outside crosswalks can recover if the driver could have avoided the accident with reasonable care.
Statute of Limitations
Every state imposes deadlines for filing lawsuits - typically two to three years from the accident date.
Missing the deadline permanently bars your claim regardless of its merit. Consult an attorney promptly.
Government claims often have much shorter deadlines - sometimes just months - for notice of claim filing.
Insurance Coverage
The driver's liability insurance provides primary coverage for pedestrian injuries. Minimum coverage varies by state but often isn't enough for serious injuries.
Your own uninsured/underinsured motorist coverage may supplement inadequate driver coverage.
Health insurance covers your medical treatment regardless of fault, though it may seek reimbursement from settlements.
Working with an Attorney
Pedestrian accident attorneys work on contingency fees - you pay nothing unless you recover compensation.
Attorneys handle insurance negotiations, evidence gathering, and litigation while you focus on recovery.
Early consultation ensures evidence is preserved and deadlines are met.