Feb 27, 2025 - Blogs by Sky Law Group
Pedestrian accidents can be devastating, often leading to severe injuries, expensive medical bills, and prolonged recovery periods. If you have been hit by a car while crossing the street or walking along a roadway, you may wonder if you can sue for damages. Understanding your legal options in a pedestrian accident case is essential to ensure that you receive the compensation you deserve.
This article explores when you can file a claim, how fault is determined in a pedestrian accident, and how a personal injury lawyer can help you navigate the legal process to secure financial recovery.
Determining Fault in a Pedestrian Accident Case
One of the most crucial aspects of a pedestrian accident lawsuit is establishing fault. Determining who is responsible for the accident directly impacts whether a pedestrian can sue and the amount of compensation they may be entitled to.
1. Negligence and Traffic Laws – In many pedestrian accident cases, negligence plays a critical role. A driver may be found at fault if they failed to yield to pedestrians at a crosswalk, ran a red light, or were distracted while driving. However, pedestrians must also follow traffic laws, such as using designated crosswalks and obeying signals.
2. Shared Fault and Comparative Negligence – Some states follow a comparative negligence rule, meaning that if a pedestrian contributed to the accident (e.g., jaywalking or crossing against a signal), their compensation may be reduced based on their percentage of fault. Even if the pedestrian was partially at fault, they may still be entitled to compensation.
3. Proving Liability in a Pedestrian Accident Case – To successfully file a claim, an injured pedestrian must prove that the driver’s negligence caused the accident. This can be done by gathering evidence, such as:
- Witness statements
- Traffic camera footage
- Police reports
- Medical records documenting injuries
Compensation Available for Injured Pedestrians
If you’ve been hit by a car as a pedestrian, you may be entitled to compensation for your injuries. The amount and type of damages you can recover depend on the severity of your injuries and the circumstances of the accident.
- Medical Expenses and Ongoing Care – Medical bills can quickly add up after a pedestrian accident. Compensation may cover emergency treatment, surgeries, physical therapy, and long-term rehabilitation. Severe injuries, such as spinal cord damage or traumatic brain injuries, may require ongoing medical care.
- Lost Wages and Loss of Earning Capacity – If your injuries prevent you from working, you may be able to claim compensation for lost wages. Additionally, if the accident results in a permanent disability that affects your ability to earn in the future, you may be entitled to additional damages for diminished earning capacity.
- Pain and Suffering – Pedestrian accident victims can seek damages for physical pain, emotional distress, and loss of enjoyment of life. If the injuries result in significant lifestyle changes, courts may award compensation for pain and suffering beyond just medical expenses and lost wages.
How to File a Pedestrian Accident Claim
Filing a pedestrian accident claim involves several steps, and having a personal injury lawyer on your side can improve your chances of receiving fair compensation.
- Seek Medical Attention Immediately – Your health is the top priority. Even if injuries seem minor at first, some conditions, like internal bleeding or traumatic brain injuries, may not be immediately apparent. Medical records will also serve as crucial evidence for your claim.
- Report the Accident and Gather Evidence – Contact law enforcement and ensure that an official accident report is filed. Take photos of the accident scene, including traffic signals, vehicle damage, and any visible injuries. If there are witnesses, obtain their contact information.
- Work with a Pedestrian Accident Lawyer – A lawyer can help you navigate legal complexities, negotiate with insurance companies, and represent you in court if necessary. Many personal injury attorneys offer a free consultation to assess your case.
Conclusion
Being involved in a pedestrian accident can have life-altering consequences, but victims have legal options to seek compensation. Understanding how fault is determined, what damages are available, and the process of filing a lawsuit can make a significant difference in recovering financial support for medical bills, lost wages, and pain and suffering. If you or a loved one has been injured in a pedestrian accident, consulting a personal injury lawyer can help protect your rights and maximize your compensation.
FAQs
Can I sue if I was hit by a car while jaywalking?
Yes, you may still be able to sue, but your compensation may be reduced if you were found partially at fault for the accident.
How long do I have to file a pedestrian accident lawsuit?
The statute of limitations varies by state, but generally, you have a few years from the date of the accident to file a claim. Consult a pedestrian accident lawyer to ensure you meet deadlines.
What if the driver who hit me was uninsured?
If the driver is uninsured, you may be able to seek compensation through your own uninsured motorist coverage or explore legal action against the responsible party.
How much compensation can I receive for a pedestrian accident?
The amount varies depending on the severity of injuries, medical expenses, lost wages, and pain and suffering. A personal injury lawyer can help estimate a fair settlement.
Do I need a lawyer to file a pedestrian accident claim?
While not required, having a personal injury attorney can greatly improve your chances of securing fair compensation and handling legal complexities effectively.