Pedestrian Car Accident Attorneys | Free Consultations

Car Pedestrian Crashes

Pedestrians are injured and killed every day by negligent drivers.

Does it ever turn out well when a pedestrian is hit by a car?

If you have been injured as a pedestrian, your lawyer will ensure you aren't railroaded by the insurance company.

Recovering maximum compensation is critical when you've been seriously injured.

If someone in your family was knocked down by a car or was hurt in a collision, you can expect the insurers to fight to limit what they pay.

Pedestrian car accidents can complicate the insurance claim compensation for the injured.

The pedestrian accident lawyers at Lawsuit Legal have a history of winning big settlements in high profile cases.

We understand the importance of securing compensation for your injuries, and our personal injury attorneys are trial-tested.

Let our law firm help you hold the at-fault driver accountable and seek monetary compensation for medical expenses and other damages.

We can help you navigate the personal injury claim process after being hit by a vehicle, so you can focus on recovery.

Fill out the form right away to request a free legal consultation. When you have been injured by the negligence of another, we're here to help.

Pedestrian Car Accident Injury Claims

How is a Pedestrian Hit by a Car Compensated for Injuries?

You have a right to pursue compensation from the driver who injured you for your losses. In most cases the insurance of the driver who caused your accident pays for your damages.

Typically, the first step is to file an insurance claim against the insurance of the responsible driver.

If a fair settlement can't be reached with the insurer, you may file a lawsuit and pursue compensation in the courtroom in an effort to force them to pay.

If the case proceeds to trial, a judge or jury will decide on liability and the amount awarded in compensation.

Pedestrians injured in car accidents may be entitled to recover compensation for:

Medical expenses: This can include costs such as hospital stays, bills for exams, rehabilitation, and surgery.

Lost wages: If the injuries you sustain prevent you from being able to work your job, you may seek to recover past and future lost wages.

Pain and suffering: Non-economic damages can provide compensation for the mental and emotional injuries suffered. Potential compensatory damages can include recovery for mental and emotional injuries suffered as a result of the traumatic event.

Disability or disfigurement: Injured parties may be able to recover damages suffered from injuries causing permanent impairment, disfiguring, or debilitating harm..

The amount a pedestrian injury settlement is worth depends on a variety of factors. In our experience, extreme injury and the permanence of the injuries suffered will result in higher settlement awards. During your free initial consultation you will be able to review your legal options and find out how much you may be owed.

 

 

Types of Pedestrian Accident Cases our Attorneys Handle

Our legal team reviews thousands of pedestrian car accident injury claims every year. The most common types of pedestrian accident cases our lawyers handle include:

Crosswalk Accidents: Pedestrians struck by a vehicle while legally crossing the street at a designated crosswalk. Drivers may fail to yield or didn't see the victim when turning due to distractions.

Intersection Accidents: Pedestrians are vulnerable at intersections where drivers are making turns. Motorists don't always notice people crossing the street when focused on oncoming traffic or are in a hurry.

Hit-and-Run Accidents: Drivers can flee the scene after striking a pedestrian for a variety of reasons. When it happens, it can make it difficult to identify and hold the driver accountable. Hit-and-runs can often involve and be motivated by having caused serious injuries.

Parking Lot Accidents: Pedestrians walking through parking lots are at risk of being hit by drivers backing up who may not be paying full attention to their surroundings or lack visibility.

Bus Accidents: Pedestrians may be struck while boarding or exiting buses, or while crossing streets near bus stops. Transit-related vehicles make frequent stops on busy streets and neighborhoods. The vehicles are difficult to maneuver and have large blind spots leading to pedestrians getting hit because drivers don't anticipate their presence.

Backing-Up Accidents: These strikes occur when a driver is reversing out of a driveway or parking spot and doesn't see the pedestrian behind their vehicle. Most commonly occurring in neighborhoods or parking lots.

Vehicle Off-Road Accidents: In these cases, a vehicle leaves the road and strikes a pedestrian on a sidewalk, in a yard, or another area not intended for vehicular traffic.

Walking Along Highway or Roadways: Pedestrians walking on or near highways are at significant risk of injury due to the high speeds of vehicles, and these cases often result in extreme or fatal injuries.

Pedestrian accidents can be devastating, with significant medical bills, missed time from work, and changes to your daily life and routine.

If you or a loved one suffered serious or fatal injuries due to a pedestrian accident, let our award-winning personal injury lawyers help you seek the justice and compensation you deserve.

Pedestrian Strikes & Knockdown Accidents

More than 6 in 10 people walk for transportation according to the Dept. of Transportation.

This includes walking to and from work, walking for fun, relaxation, exercise, or for activities like taking the dog out for a run or getting out of the house for fresh air.

This number continues to rise at a rate of 6% over the past 5 years as traffic congestion increases.

Unfortunately, congested roads packed with cars means sharing the roads and crosswalks with motorists.

The United States has seen a rise in car pedestrian accidents. In the majority of cases the person at-fault is the driver of the vehicle. Drivers have a duty of care for the people walking, jogging, hiking or running along or near the road - right?

Unfortunately, as great accident lawyers know all too well, not everything is so black and white when determining legal fault and our fact sheets tell a different story.

Fatal Pedestrian Strikes

The number of pedestrian fatalities in the United States has increased 25 percent from 2010 to 2015 according to the CDC - an unacceptable death rate and statistic that does not include the thousands of injuries resulting from careless and negligent drivers.

Making matters worse, pedestrians hit by cars can suffer catastrophic, life threating personal injuries.

It's uncommon for extensive safeguards to exist close to the road to protect walking people, while drivers of vehicles have structural and safety protections inherent in the vehicle. It doesn't take extensive pondering to see how serious impacts can lead to pedestrians killed. A moments distraction can be fatal.

In most cases, if you are hit in a crosswalk or crossing a rural road the driver will be held responsible for your injuries.

Depending on the legal fault doctrine used in the State the strike happened, when a pedestrian is hit by a vehicle - depending on the circumstances of the accident - the fault will be placed on the driver, or both parties can share in responsibility.

A variety of situations can give rise to pedestrian car accidents, it isn't always so simple as a motorist being solely responsible for the collision.

A 10 year study conducted in Minneapolis concluded that 62% of all pedestrian/vehicle incidents were the fault of the driver.

To establish negligence in a pedestrian injury case your attorney will need to prove the defendant's actions caused the injuries.

To learn more about how negligence works read our negligent actions guide here.

Local and State laws presiding over cases involving motorists and pedestrians vary making it imperative you seek professional legal representation when considering taking legal action.

Common Pedestrian Accident Injuries

Pedestrian crash injuries are often severe owing to nature of a heavy vehicle colliding with a person's unprotected body. The physical injuries typically require extensive medical treatment, rehabilitation, and can have a permanent life-altering impact on the victim. Common pedestrian accident injuries include:

Traumatic Brain Injuries (TBI): Head injuries are common either caused by the initial strike with the vehicle or the secondary impact against the concrete after being knocked down. Depending on the severity of trauma, brain injury can lead to long-term cognitive impairment, memory loss, and other neurological issues. In the case of a brain bleed developing, it can be fatal. TBIs can require lifelong care and rehabilitation.

Back Injuries: Back injuries in pedestrian accidents can range from mild to severe. Damage to the spinal cord can cause partial or full paralysis (paraplegia or quadriplegia), and cause permanent impairment and loss of mobility. The force of unexpected force of a vehicle strike can cause vertebrae to fracture, cause discs between the vertebrae to rupture or slip out of place. It can tear and strain muscle and ligaments and lead to chronic pain, stiffness, and reduced mobility.

Amputations: Crushing injuries and trauma can necessitate surgical amputations due to severe damage to limbs. Limb loss can profoundly affect the victim's mobility, cause life-long disability, and impair their ability to live life as they did pre-injury.

Internal Organ Damage: Depending on the force of impact a vehicle collision can cause rupture internal organs such as the liver, kidneys, or lungs. This damage can lead to life-threatening complications and require emergency surgery to address internal bleeding and other potential issues.

Bone Fractures: Pedestrians may suffer multiple bone breaks, including compound fractures, which can lead to chronic pain, limit mobility, and require surgical intervention.

Severe Burns: In rare crashes involving vehicles that catch fire, pedestrians may suffer burns that cause disfigurement, severe pain, and the need for extensive reconstructive surgeries.

Crushing Injuries: When a pedestrian is pinned between a vehicle and another object, crushing injuries can occur, leading to extensive soft tissue damage, nerve damage, and potential loss of limbs.

Pedestrian accidents can have a devastating and lasting impact on a person's ability to work, perform daily activities, and enjoy a normal quality of life.

If you or a loved one suffered serious or fatal injuries due to a pedestrian accident, let our award-winning personal injury lawyers help you seek the justice and compensation you deserve.

Can a Pedestrian Ever Be at Fault if Hit by a Car?

Watch the video to see the fact sheet data behind the most common causal agents contributing to auto accidents nationwide on our roads. Increased road traffic is giving rise to an increase in accidents involving pedestrians.

The most common cause of pedestrian crash injuries is driver negligence.

The injured pedestrian in a lawsuit can seek compensation for their losses from the reckless driver that hit them.

Driver's Duty of Care

Motorists are potentially liable for having failed to maintain their legal duties when their vehicle strikes a person. Motor vehicle operators owe a duty of care and are expected to follow the rules of the road, make reasonable efforts to avoid accidents and maintain control of the vehicle at all times. The courts look at whether the driver upheld their legal duty obligations as well as other contributing facts when determining negligence.

Here are some common examples of driver negligence in a pedestrian-vehicle accident:

• Failure to yield
• Running a red light
• Failure to signal properly or ignoring traffic signs
• Traffic violations
• Speeding or a failure to moderate speeds due to weather conditions or traffic conditions
• Losing control of the vehicle
• Distracted driving (texting, phone calls, changing music, eating)

When a pedestrian is injured they can make a claim against the at-fault driver’s liability insurance in an attempt to recover damages (seeking financial compensation & recovery).

In most cases the injured party needs to prove the driver’s negligence as the cause crash that harmed the claimant or caused the injuries suffered. The at-fault party (insurance company or legal counsel for the defendant) will look to place at least some of the blame on the pedestrian. Any local auto accident lawyer will tell you motor vehicle operators are responsible for pedestrian safety - legal responsibility depending on the circumstances (and state law) can result in shared, reduced or complete liability.

Throughout the U.S. it is assumed that vehicle operators should always use reasonable care and avoid the risk of harm to people on foot.

Proving legal negligence and what damages are recoverable after a pedestrian-vehicle injury is best explained by your personal injury attorney who can help assess your losses and determine what you may be owed. The tort laws vary from State to State and can change.

Contributory vs. Comparative Negligence:

Minneapolis, MN: Contributory negligence is limits the plaintiff's recovery based on share of responsibility.  The plaintiff's negligence reduces recovery proportionately, but if it is greater than 50%, recovery is barred.

Florida: Comparative negligence is used in pedestrian injuries. Comparative negligence compares the relative fault among parties. This can limit recovery and settlement if you are partially responsible.

When you have been knocked down by a vehicle and hurt seriously, wading through state statutes is the last thing on your mind - it will be your lawyer's job to know the rules specific to your state that apply and help navigate your injury lawsuit to a successful resolution on your behalf.

When Both Parties Share Fault

Since drivers are commonly found fully or at least partially responsible for pedestrian crashes (simply from a breach of duty) most people figure the pedestrian holds no at fault responsibility. When pedestrians file a lawsuit against a driver or makes a claim to the driver’s insurance company - make no mistake - these parties will defend themselves and fight to reduce their financial liability. The defendants can be expected to examine the circumstances of the incident and ferret out what responsibility the injured party may have under the law. To illustrate, in states which recognize pure comparative negligence, like Florida, recovery is limited by the amount of negligence you are deemed responsible for when suing. In this scenario: if you are deemed 20% negligent by the court, your damages will be decreased by 20%.

Pedestrian's Duty of Care

By assigning all or some negligence to the pedestrian the defendants may mitigate the damages owed to the plaintiff (fake pedestrian crashes aren't unheard of either). As explained above, an injured person who is found to be 20% at fault for an accident would only be entitled to 80% of their damages. But what pedestrian actions can be considered negligent and contributory to pedestrian-vehicle collisions?

Pedestrian negligence can include the following:

• Jaywalking or crossing outside crosswalk
• Disobeying crosswalk traffic signals
• Pedestrian is intoxicated
• Pedestrian is distracted by cell phone
• Carelessly running into the street or vehicle in question
• Entering a prohibited area to pedestrians

A court finding fully for the defendant in pedestrian knockdown cases can limit benefits being awarded to the plaintiff and bar them from compensation in some cases.

This is rare, since driver's are expected to always use reasonable care around pedestrians. A majority of cases when a pedestrian is found negligent will result in at least shared fault attribution because of the vehicle operator duties outlined above.

Third Party Involved Liability

Most people hit by motor vehicles focus on the driver of the car that hit them. Whether it was driving the speed limit, exercising safe driving behaviors, that sort of thing. However, third parties like city governments may also share in the responsibility. Cities focus on pedestrian safety, various scenarios can result in their failing to provide reasonable care for their residents safety which can be considered contributory cause for an accident.

We find alcohol and drugs are commonly involved in the cases we review.

Unsafe road conditions, problematic intersections, poor planning, unsafe design, equipment malfunction, poorly signed streets, and other factors may lead to the city sharing culpability.

Accident Statistics:

• A recent 10 year study in Minneapolis revealed:.
• 80% of the crashes happened on just 10% of streets in Minneapolis
• People of color were over-represented in pedestrian fatalities
• Streets with fewer lanes have fewer pedestrian collisions
• Turning vehicle crashes accounted for 47% of crashes at intersections
• 68% of pedestrian crashes occurred at intersections
• Drivers were at fault in 62% of the crashes

Improvements for pedestrians safety are needed but municipalities are not always able to provide for recommended safety upgrades - in other cases the recommendations are simply ignored..

In Los Angeles, California a recent case provides an example of when alleged City negligence is a contributing factor. In this case a man was struck by a vehicle while crossing the street in the crosswalk.

Getting hit resulted in his being put into a coma for months and the secondary impact caused him to suffer permanent brain damage. Attorneys for the plaintiff accused the city of failing to address dangerous conditions in the intersection, alleging the warning signs and markings were obscured and the intersection had a significant accident history according to court documents.

After a extended legal battle the family was awarded 15 million dollars by the Los Angeles City Council.

Hit While Riding A Bike?
Bicycle Accident Legal Considerations

Bike riders face the same dangers as pedestrians and getting hit is just as serious an event.

How bicycle riders are treated in an personal injury case varies per jurisdiction, depending on local law and how bike friendly the local courts are (unfortunately biases do exist).

In general, a rider is considered a car if they are riding on the street and a pedestrian if they are riding on the public sidewalk or crosswalk.

Children are commonly involved in these accidents and should be especially careful on roadways or and when riding out of driveways in a neighborhood which can limit the visibility of drivers.

When applying liability most States consider a cyclist a pedestrian when they are hit by a car. This means that when a bicyclist is stuck they are usually entitled to damages if injured.

Fatal and non-fatal crash-related injuries to bicyclists resulted in lifetime medical costs and productivity losses of $10 billion according to the CDC in 2010.

In 2015 there were approximately 467,000 non-fatal cyclist injuries and over 1,000 pedestrian deaths resulting from bicycle-vehicle collisions.

Imagine you’re riding your bike on the sidewalk. Ahead you see a gap in the path's pavement where a car is sitting waiting to turnout of the plaza. You decide it’s not safe to cross directly in front of the car while on the sidewalk. You determine moving onto the road is a safer path. Unfortunately, the driver is looking at oncoming traffic and does not see you, the motorist accelerates to turn and the vehicle hits you knocking you to the concrete.

Who is at fault in a comparative negligence State?

You, the cyclist, were heading in the right direction but were you operating your bike safely?

The driver did not use proper caution while entering the roadway but does the driver have an expectation others sharing the road have responsibility to operate safely. Exercise extreme caution when attempting to cross streets or walking at nighttime.

Your attorney will be able to help guide you - either through the settlement process, going to trial if necessary or other possible resolutions.

As a cyclist involved in a vehicle related accident you are considered a pedestrian in most cases and likely will be entitled to recover compensation.

(See Also: Motorcycle Accident Lawsuit Information)

Damages Hit Pedestrians May Pursue for Injuries

After suffering harm or financial loss, claimants can seek damages in an attempt to be made whole by the responsible parties. Compensation may take the form of an insurance claim payout, a negotiated settlement, or judgments or awards won in court after the resolution of a personal injury trial.

The available damages sought in a lawsuit must meet the legal standard of the tort laws in the governing state.

Whether a pre-trial settlement offer is fair will depend on the details of the event. Before you settle review the legal options with your attorney. Whether to go to trial or not should weigh the case details against the standard of proof required weighed against the risk / reward of litigation against you and your loved ones needs.

What To Do After Getting Hit By A Car?

If you have been struck while walking, taking the following actions if you are able to immediately following the event will help protect your interests as an injured party.

• Call the Police and/or Ambulance. Seek a medical diagnosis even if the injury seems minor from a doctor. Minor injuries can get worse.
• Driver Identification. Gather the following information
  • Name and License number. (Take picture with your phone)
  • Cell phone (Call the number before they leave to ensure its right)
  • Driver’s insurance information
• Witness Identification. Take down name and contact information of witnesses
• Police Documentation. Get a copy of the police report
• Medical Documentation. Copy all medical bills from the incident
• Legal Representation. Contact a personal injury attorney

Don't make any statements to an insurance adjuster or anyone else until you have spoken with your injury lawyer.

Even the most innocent sounding statements may lead to unintended legal consequences and harm your entitled recover claim compensation.

Seemingly friendly claims adjusters can use your words against you when the legal wrangling begins in earnest and large financial sums are at stake over your injuries.