A pedestrian accident is a mishap that happens when a four-wheeler or two-wheeler automobile hits an individual on foot. Pedestrian accidents are usually a lot more severe than car accidents where two vehicles are involved. After all, in a pedestrian accident, the victim is completely exposed. If you or a loved one sustains injuries in a pedestrian accident, you may be entitled to financial reimbursements. Continue reading to learn more about what is a pedestrian accident.
Pedestrian Accidents: Commonplace and Life-Threatening
According to the Centers for Disease Control and Prevention (CDC), over 7,000 pedestrians died from motor vehicle accidents in 2020. Another 104,000pedestrians received emergency medical treatment for non-fatal injuries related to pedestrian accidents in the same year.
There are multiple causes of pedestrian accidents, buy collisions often happen between unprotected humans and automobiles because the driver is not paying attention or acting as carefully as they should.
If you are the victim of a pedestrian accident, the motorist who struck you could be responsible for the losses you incur from the incident.
Determining the Guilty Party in a Pedestrian Accident
One or more of the following parties could be at fault for your pedestrian accident,
A Motorist
Motorists cause most pedestrian accidents. These collisions result from:
- Distracted driving
- Failing to yield to the right-of-way
- Intoxicated driving
- Speeding
- Road rage
- Weaving in and out of lanes
- Failing to obey posted traffic signals
- Not braking in time
A Government Department
Yes, even the government can be responsible for a pedestrian accident sometimes. It is the duty of the government to ensure the safety of roadways. When it fails in this obligation, it can hold liability for your losses.
A Vehicle Manufacturer
The National Highway Traffic Safety Administration (NHTSA) issues defective vehicle recalls. However, it may take multiple incidents before this happens. If such a defective car causes your accident, you can file a product liability claim against the vehicle’s manufacturer.
When a Pedestrian is Responsible
Every state has laws outlining how pedestrians and drivers should behave on roadways so that no one needs to ask what is a pedestrian accident. Here are some of those laws.
- Walk on sidewalks when provided
- When there are no sidewalks, walk on the left shoulder, facing the traffic
- Obey traffic signals
- Cross the street at crosswalks where available
Pedestrians must obey the rules of the road just like everyone else. If you fail to abide by these rules and a car hits you, you may hold some responsibility for the accident.
Ignoring Traffic Signals
If a bicyclist or pedestrian crosses the street when they do not have the right-of-way, they risk their life. Motorists do not watch for pedestrians when they follow the flow of traffic. They are not expected to stop the middle of an intersection to let someone cross, either.
As a pedestrian, you must wait for the “WALK” signal to glow up before entering a roadway.
Walking Along High-Speed Roads
On many suburban and two-lane highways in countrysides, there is no room for someone to walk safely along the side of the road. Sometimes, signposts are put up to warn people not to walk along the road because many cars, trucks, and buses zoom by at speeds between 45 mph and 75 mph. This is a very unsafe situation for you to put yourself into.
If you walk or ride a bike along these roadways and get hit by a vehicle, you might be partially at fault for the accident.
Crossing Outside of Crosswalks
The National Safety Council (NSC) notes that most pedestrian accidents happen in urban areas outside of designated crosswalks. When a pedestrian does not use a crosswalk at an appropriate time, they put themselves at risk.
Seeking Damages Even After Being Partially at Fault
In some states, it is possible for you to seek compensation even if you partially caused the accident. However, things tend to get complicated for you if you are hurt as a pedestrian.
In such a situation, you can seek compensation from the liable insurer. Keep in mind that your percentage of fault will reduce your final settlement. For example, if you caused 20% of the collision, your case’s value will reduce by 20%.
Things to Do If You Suffer Injuries in a Pedestrian Accident
If you or a loved one suffered harm in a pedestrian accident, our Orange County pedestrian accident attorney recommends the following,
- Contact a healthcare provider before anything else. Even if a car just grazes you, the severity of your injuries may increase over time. Keep copies of your lab test results, imaging scans, and follow-up appointment dates.
- File a police report following a collision, and do it as quickly as possible. You must do it, especially if anyone was hurt or passed away.
- Document all injury-related losses that you incur. Expenses will start gathering right from the scene of the accident. By documenting your injury-related damages, you can request compensation that pays for them.
- Inform your insurance firm. If you own a car and have personal injury protection (PIP) coverage, you can file a claim with your own insurer to recover damages after your accident. Even if you did not cause the crash, your insurance company should still know about the incident.
What Can Lawyers Do?
An accident attorney can help you with every aspect of your case. They will advocate your rights and strive to obtain fair compensation for your injuries.
Here are a few ways we can assist with your case.
Investigate the Accident
We will investigate the accident along insurance companies and the police so that we can show the driver who hit you was driving negligently and liable for your injuries.
Help You Seek Medical Treatment
If you do not have a medical provider, we will recommend one.
Support the Value of Your Damages
We can gather evidence to estimate how much your damages are worth.
- Photos from the scene of the incident
- Photos of your injuries
- Medical records and bills
- Past wage statements
- Bills for your home’s modifications
- Interviews with you, your friends, and your family
Communicate with Insurers
We can oversee all communications with the insurance firms for both you and the driver.
File a Lawsuit
Yes, we can file a lawsuit on your behalf if the insurance company fails to offer a reasonable settlement.
Consult the Professionals Today
Our team at A1 Accident Lawyer will handle your case from the beginner to the end. One of our attorneys will work with you on a contingency basis, which means you do not have to pay anything unless we win your case.
Also Read: How Long Does a Motorcycle Accident Lawsuit Take?
FAQs
Q1. Can I sue if a car hit me but didn’t stop (hit-and-run)?
A1. Yes, you can still sue. A lawyer can help identify the driver through evidence or file an uninsured motorist claim if they’re never found.
Q2. What if I was using my phone when I got hit as a pedestrian?
A2. Using a phone may impact your case. You could be found partially at fault, which might reduce your compensation—but it doesn’t automatically make you ineligible to file a claim.
Q3. Are children treated differently in pedestrian accident cases?
A3. Yes. Children are generally held to different standards of care. Courts often consider them less responsible for assessing danger, making drivers more likely to bear full liability.
Q4. How long do I have to file a pedestrian accident claim?
A4. It varies by state, but most places allow 1 to 3 years from the date of the accident. Act quickly to preserve your legal rights and evidence.
Q5. Can I get compensation for emotional trauma after a pedestrian accident?
A5. Yes. Emotional distress like PTSD or anxiety can be included in your claim. A lawyer can help prove these non-physical damages using therapy records and expert testimony.